NY Elec L § 7-202 (2021)
2021 New York Laws ELN - Election Article 7 - Election Ballot Title 2 - Voting Machines 7-202 - Voting Machine or System; Requirements Of.

§  7-202.  Voting  machine  or  system;  requirements  of. 1. A voting machine or system to be approved by the state board of elections shall:   a. be constructed so as to allow for voting for all candidates who may be nominated and on all ballot proposals which  may  be  submitted  and, except  for  elections  at  which  the number of parties and independent bodies on the ballot exceeds the number of rows or columns available, so that the amount of space between the names of any two candidates of  any party or independent body in any row or column of such machine or system at any election is no greater than the amount of space between the names of  any  other  candidates  of  such  party  or independent body at such election;   b. permit a voter to vote for any person for any  office,  whether  or not  nominated  as  a candidate by any party or independent body without the ballot, or any part thereof, being removed from the machine  at  any time;   c.  be constructed so that a voter cannot vote for a candidate or on a ballot proposal for whom or on which he or she is not lawfully  entitled to vote;   d. if the voter selects votes for more than one candidate for a single office,  except where a voter is lawfully entitled to vote for more than one person for that office, notify the voter that the voter has selected more than one candidate for a single office on the  ballot,  notify  the voter  before  the  ballot  is cast and counted of the effect of casting multiple  votes  for  the  office,  and  provide  the  voter  with   the opportunity to correct the ballot before the ballot is cast and counted;   e.  provide  the  voter  an opportunity to privately and independently verify votes selected and the ability  to  privately  and  independently change  such  votes  or  correct any error before the ballot is cast and counted;   f. be provided with a "protective counter" which records the number of times the machine or system has been operated since it was built  and  a "public  counter"  which records the number of persons who have voted on the machine at each separate election;   g. be provided with a lock or locks, or other device or  devices,  the use of which, immediately after the polls are closed or the operation of the  machine  or  system for such election is completed, will absolutely secure the voting or registering mechanism and prevent the recording  of additional votes;   h.  be  provided  with  sufficient  space  to  display the information required herein, provided, however, in the alternative, such information may be displayed within the official ballot;   i. be provided  with  a  device  for  printing  or  photographing  all counters  or  numbers recorded by the machine or system before the polls open and after the polls close which shall be a permanent record with  a manual audit capacity available for canvassing the votes recorded by the machine  or  system;  such paper record shall be preserved in accordance with the provisions of section 3-222 of this chapter;   j. retain all paper  ballots  cast  or  produce  and  retain  a  voter verified  permanent  paper  record which shall be presented to the voter from behind a window or other device before the ballot  is  cast,  in  a manner  intended  and designed to protect the privacy of the voter; such ballots or record shall allow a manual audit and shall be  preserved  in accordance with the provisions of section 3-222 of this chapter;   k.  provide  sufficient  illumination  to  enable the voter to see the ballot;   l. be suitable for the use  of  election  officers  in  examining  the counters  such  that  the protective counters and public counters on all  such machines or systems must be located so that they will be visible to the inspectors and watchers at all times while the polls are open;   m.  be  provided with a screen and hood or curtain or privacy features with equivalent function which shall be  so  made  and  adjusted  as  to conceal the voter and his or her action while voting;   n. contain a device which enables all the election inspectors and poll watchers  at such election district to determine when the voting machine or system has been activated for voting and when the voter has completed casting his or her vote;   o. permit the primaries of at least five parties to be  held  on  such machine  or  system at a single election, and accommodate such number of multiple ballots at a single election as may be required  by  the  state board of elections but in no case less than five;   p.  be constructed to allow a voter in a wheelchair to cast his or her vote;   q. permit inspectors of elections  to  easily  and  safely  place  the voting machine or system in a wheelchair accessible position;   r.  ensure  the integrity and security of the voting machine or system by:  (i) being capable of conducting both  pre-election  and  post-election testing  of  the  logic  and  accuracy  of  the  machine  or system that demonstrates an accurate tally when a known quantity of votes is entered into each machine; and  (ii) providing a means by which a  malfunctioning  voting  machine  or system shall secure any votes already cast on such machine or system;   s.   permit   alternative   language  accessibility  pursuant  to  the requirements of section 203 of the Voting Rights Act of 1965 (42  U.S.C. 1973aa-1a)  such  that  it  must  have  the capacity to display the full ballot in the alternative  languages  required  by  the  federal  Voting Rights  Act  if  such  voting machine or system is to be used where such alternative languages are required or where the local board  deems  such feature necessary; and   t.  not  include  any  device  or functionality potentially capable of externally transmitting or receiving data via the internet or via  radio waves or via other wireless means.   2. The state board of elections shall approve, for use at each polling place at least one voting machine or system at such polling place which, in  addition  to  meeting  the  requirements  in subdivision one of this section, shall:   a. be equipped with a voting device with tactile discernible  controls designed to meet the needs of voters with limited reach and limited hand dexterity;   b.  be  equipped  with  an  audio voting feature that communicates the complete content of the ballot in a voice which permits a voter  who  is blind  or  visually impaired to cast a secret ballot using voice-only or tactile discernible controls; and   c. be capable  of  being  equipped  with  a  pneumatic  switch  voting attachment  which  can  be  operated  orally  by  gentle pressure or the creation of a vacuum through the inhalation or exhalation of air by  the voter  including,  but  not  limited  to,  a  sip-and-puff switch voting attachment.   3. The state board of elections may, in  accordance  with  subdivision four   of  section  3-100  of  this  chapter,  establish  by  regulation additional standards for voting machines  or  systems  not  inconsistent with this chapter.   4.  Local boards of elections which obtain voting machines pursuant to this chapter may  determine  to  purchase  direct  recording  electronic  machines  or  optical scan machines in conformance with the requirements of this chapter.