2023 New York Laws › ELN - Election › Article 7 - Election Ballot › Title 2 - Voting Machines › 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.