New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.4 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The election
				operations unit shall forward an application form within one week from the date
				of receipt of a request from a vendor, together with a copy of applicable rules
				and regulations and a pre-qualification test format for both a general and
				primary election ballot program.
(b) Said vendor shall return completed ballot
				layouts based upon the pre-qualification test format to the election operations
				unit. Upon approval of the layouts, the vendor shall program such system or
				equipment and complete the pre-qualification tests for both ballot programs
				provided, and enter the simulated votes upon said system or equipment for each
				election program.
(c) The completed
				application shall be returned by the vendor applicant, with a printout of
				tabulated votes from the primary and general election pre-qualification tests
				as cast on the voting system equipment which the applicant requests to have
				certified. The pre-qualification test programs shall be retained by the
				applicant for use in the certification process.
(d) The application and printouts shall be
				reviewed to determine if the voting system shall be considered for
				certification and the applicant shall be notified of such
				determination.
(e) No application
				shall be deemed to be filed until all documentation required by this Part has
				been submitted to the State Board or its designee.
(f) A certified or bank check in the amount
				of $5,000 shall accompany such application, and be applied towards the actual
				cost of the examination.
(g) Fees
				for the examination of a voting system shall be assessed against the vendor by
				the State Board based upon the cost to the State Board for examination of such
				voting system by an outside contractor, laboratory or other authorized
				examiner.
(h) A vendor submitting
				an application shall affirm that:
(1) the
				submitted voting system complies with all applicable rules adopted by the State
				Board, and with all applicable 2005 Federal Voting System Guidelines not
				inconsistent with State law or these regulations, and is suitable for use by
				voters;
(2) the vendor will quote
				and provide a statewide, uniform price for each unit of the voting system's
				equipment; and
(3) the submitted
				voting system's software does not contain any code, procedures or other
				material (including but not limited to 'viruses', 'worms', 'time bombs', and
				'drop dead' devices that may cause the voting system to cease functioning at a
				future time), which may disable, damage, disarm or otherwise affect the proper
				operation of the voting system, any hardware, or any computer system or other
				property of the State Board or county board;
(4) any submitted voting system provides
				methods through security seals or device locks to physically secure against
				attempts to interfere with correct system operations. Such physical security
				shall guard access to machine panels, doors, switches, slots, ports, peripheral
				devices, firmware, and software.