2023 New York Laws › ELN - Election › Article 7 - Election Ballot › Title 2 - Voting Machines › 7-201 - Voting Machines and Systems; Examination Of.

§ 7-201. Voting machines and systems; examination of. 1. Any person or
  corporation  owning  or being interested in any voting machine or system
  may apply to have the state board of elections examine such  machine  or
  system.  Such  applicant shall pay to the board before the examination a
  fee equal to the cost of such examination. The state board of  elections
  shall  cause  the  machine  or system to be examined and a report of the
  examination to be made and filed in the office of the state board.  Such
  examination  shall  include a determination as to whether the machine or
  system meets the requirements of section  7-202  of  this  title  and  a
  thorough  review  and testing of any electronic or computerized features
  of the machine or system. Such report  shall  state  an  opinion  as  to
  whether  the  kind  of  machine  or  system  so  examined can safely and
  properly be used by voters and local boards of elections  at  elections,
  under  the conditions prescribed in this article and the requirements of
  the federal Help America Vote Act. If the report states that the machine
  or system can be so used, and the board after  its  own  examination  so
  determines, in accordance with subdivision four of section 3-100 of this
  chapter, the machine or system shall be deemed approved, and machines or
  systems  of  its  kind  may  be  adopted  for use at elections as herein
  provided. The voting machine or system shall be examined by examiners or
  testing laboratories to be selected for such purpose by the state board.
  Each examiner or laboratory shall receive compensation and expenses  for
  making  an  examination  and  report as to each voting machine or system
  examined by him or  it.  Neither  any  member  of  the  state  board  of
  elections  nor  any  examiner  or  owner  or  employee  of  any  testing
  laboratory, shall have any pecuniary interest in any voting  machine  or
  system.  Any form of voting machine or system not so approved, cannot be
  used at any election.
2. When any change is made in the operation or material of any feature
  or component of any machine or system which has been  approved  pursuant
  to  the  provisions  of  this  section,  such  machine or system must be
  submitted  for  such  re-examination  and  reapproval  pursuant  to  the
  provisions  of  subdivision  one  of  this section as the state board of
  elections deems necessary.
3. If at any time after  any  machine  or  system  has  been  approved
  pursuant  to  the  provisions of subdivision one or two of this section,
  the state board of elections has any reason to believe that such machine
  or system does not meet all the  requirements  for  voting  machines  or
  systems set forth in this article, it shall forthwith cause such machine
  or  system  to be examined again in the manner prescribed by subdivision
  one of this section. If the opinions in the report of such  examinations
  do not state that such machine or system can safely and properly be used
  by  voters at elections under the conditions prescribed by this article,
  the state board of elections shall forthwith  rescind  its  approval  of
  such  machine  or  system.  After  the date on which the approval of any
  machine or system is rescinded, no machines or systems of such type  may
  be  purchased  for use in this state. The state board of elections shall
  examine all machines or systems  of  such  type  which  were  previously
  purchased,  to determine if they may continue to be used in elections in
  this state.
4. The  state  board  of  elections  may  authorize,  for  use  on  an
  experimental  basis,  one  or  more  types  of voting machine, system or
  equipment  not  previously  approved  by  such  board  pursuant  to  the
  provisions  of this section and may authorize a local board of elections
  to rent or borrow a limited number of one such type of  machine,  system
  or equipment for use in a primary, special, general or village election.
  Authorization for such use of such a machine, system or equipment may be

  given  for  all  or  part  of  any  city,  town  or village for any such
  election.
5.  The  board  shall  deposit  all  fees  collected  pursuant  to the
  provisions of subdivision one of this  section  to  the  credit  of  the
  voting  machine  and  system  examination  fund  established pursuant to
  section ninety-two-p of the state finance law.