N.Y. Election Law § 7-207: Voting and ballot counting machines; preparation of, party representatives

§ 7-207. Voting and ballot counting machines; preparation of, party

representatives. 1. It shall be the duty of the board of elections to

cause the proper ballot labels to be prepared and placed on those voting

machines which require ballot labels, to cause the machines and any

removable electronic or computerized devices which operate such machines

or record the vote thereon to be placed in proper order for voting, to

examine all voting machines and all such electronic or computerized

devices before they are sent out to the different polling places, to see

that all the registering counters are set at zero, to cause a printed

record of all the ballot label programming data, for each election,

which is entered into each voting machine of a type approved after

September first, nineteen hundred eighty-six, or which is entered into

any removable electronic or computerized device which operates such

machine or records the vote thereon, to be produced directly from the

device on which such ballot label programming data was entered and to

lock all voting machines so that the counting machinery can not be

operated and to seal each one with a numbered seal.

2. (a) Before preparing or programming the voting and ballot counting

machines and any removable electronic or computerized devices which

operate such machines or record the vote thereon for any election,

written notices shall be mailed to the chairman of the county committees

of the major political parties, stating the times when and place or

places where the machines and devices will be prepared or programmed; at

which times and place or places, one representative of each of such

political parties, certified by the respective chairmen of the county

committees of such parties, shall be entitled to be present and see that

the machines and devices are properly prepared and placed in proper

condition and order for use at the election. The party representatives

shall take the constitutional oath of office, which shall be filed in

the office of the board of elections.

(b) It shall be the duty of such party representatives to be present

at the preparation of the voting machines for election and see that the

machines are properly prepared and that all registering counters are set

at zero by examining such counters or by examining the printed or

photographic record produced by such voting machine or by examining the

printed record of the ballot label programming data on such machine.

When the machines have been prepared for election, it shall be the duty

of the custodian or custodians of voting machines and party

representatives, to make a certificate in writing which shall be filed

in the office of the board of elections, stating the number of machines,

whether or not all the machines are set at zero, the number registered

on the protective counter, and the number on the seal with which the

machine is sealed.

3. No custodian or other employee of the board of elections shall in

any way prevent free access to and examination of all voting machines

that are to be used at the election, by the duly appointed party

representatives. The board of elections and its employees shall afford

the party representatives every facility for the examination of all

voting machines and devices and the registering counters, the printed or

photographic record of the counters or the printed record of the ballot

label programming data on such machines, if any, the protective counters

and the public counters of each and every voting machine. All such

printed or photographic records shall be public records at the offices

of the boards of elections.

4. It shall be the duty of the board of elections to cause such voting

machine or machines, prepared as provided pursuant to this section to be

delivered at each of the respective polling places in which they are to

be used, at least one hour before the time set for the opening of the

polls. After the machine has been delivered, it shall be set up in the

proper manner for use at the election, and it shall be the duty of the

local authorities to provide ample protection against tampering with the

machines.

5. The party representatives shall be paid for their services an

amount that shall be fixed by the board of elections, such amount shall,

however, be approved by the governing body of the municipality wherein

said machines are used and paid by such municipality.