N.Y. Election Law § 7-208: Escrow requirements

§ 7-208. Escrow requirements. Prior to the use of any voting machine

or system in any election in the state, on or after September first, two

thousand six, the state board of elections and the local board of

elections using such voting machine or system shall:

1. Require that the manufacturer and/or vendor of such voting machine,

system or equipment shall place into escrow with the state board of

elections a complete copy of all programming, source coding and software

employed by the voting machine, system or equipment which shall be used

exclusively for purposes authorized by this chapter and shall be

otherwise confidential.

2. Require that the manufacturer and/or vendor of such voting machine,

system or equipment file with the state board of elections and the

appropriate local boards of elections a waiver, prepared by the state

board of elections, which shall waive all rights of the vendor or

manufacturer to assert intellectual property or trade secret rights in

any court of competent jurisdiction hearing a challenge to the results

of any election and requesting that programming source coding, firmware,

and software as well as voting machines or systems be tested by

independent experts under court supervision and at the conclusion of

such proceeding shall be sealed.

3. Require that the manufacturer and/or vendor of such equipment file

with the state board of elections and the appropriate local boards of

elections a consent to having and cooperating in the testing of any

programming, source coding, firmware, or software, pursuant to an order

of any board of elections or court of competent jurisdiction. Any such

board or agent thereof shall be required to maintain the confidentiality

of any proprietary material.