New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.5 - Submission of voting systems equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Voting systems considered for
				certification by the State Board shall be delivered to the State Board or its
				designee. Such equipment shall include documentation, operation manual(s),
				auxiliary components and equipment used to program ballot layout, and any other
				additional equipment used in the operation of said voting system.
(b) Vendors submitting systems or equipment
				for certification must also provide additional systems to be used by the State
				Board for the purposes of the voter demonstration test. See section
				6209.6(g)(8) 
				of this Part.
(c) If the voting
				systems equipment is certified by the State Board, the specific system or
				equipment and components examined by the State Board shall become the property
				of the State Board for as long as the system or equipment is in use in the
				State or for such shorter period as the State Board shall so determine. Voting
				systems or equipment not certified shall be disposed of pursuant to the
				vendor's direction.
(d) The
				applicant shall provide service and normal maintenance of said system or
				equipment after certification and shall supply to the State Board, at no cost,
				any modification to the system or equipment for upgrading of any feature during
				the period that said system or equipment is offered for sale and use in the
				State.
(e) The vendor shall
				provide, either at the time of submission or no later than the completion of
				certification testing by the State Board, a list of system proprietary and
				non-proprietary consumables, extended warranties, services, and other such
				items as may be considered by county boards for purchase, with the exception of
				programming, as county boards are prohibited from contracting with a vendor for
				programming services. Such list shall become a component of the
				contract.
(f) [Reserved]
(g) The vendor shall disclose, in the
				application for certification, any pecuniary interest in or any direct or
				indirect control over any testing laboratory as defined herein or which may be
				used in connection with the certification or acquisition of any voting
				system.
(h) Vendors shall make
				available to the State Board, in a quantity to be determined by the State
				Board, voting systems for the purpose of conducting a usability test, which
				will establish the minimum number of voting machines required in each polling
				place and the maximum number of voters that can vote on one voting machine
				during the course of an ordinary 15-hour election day. The ballots to be used
				for this test shall include both primary and general election ballots, with
				ample candidate selection options and ballot proposal selections. For the
				purposes of the usability test, voting shall occur by utilizing all the devices
				which a voter may use to make their selections. If a vendor has previously
				performed a usability test on the same or similar voting system which meets the
				requirements of this section, the State Board may consider the findings of
				same. Whenever the State Board is satisfied that a voting machine or system's
				usability analysis has provided adequate and accurate information relative to
				the requirements of Election Law, section 7-203.2, then the State Board may, in
				its discretion, accept such documentation as satisfaction of the usability test
				required by these regulations.
(i)
				For voting systems which are not PC-based, vendors shall submit recommendations
				for acceptance and maintenance testing to ensure that the firmware in systems
				purchased and used by county boards is identical to certified
				firmware.