reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6201 - Fair Campaign Code › Section 6201.1 - Fair campaign code

Current through Register Vol. 46, No. 28, July 10, 2024
In order that all political campaigns be conducted under a
				  climate promoting discussion of the issues and presentation of the records and
				  policies of the various candidates, stimulating just debate with respect to the
				  views and qualifications of the candidates and without inhibiting or
				  interfering with the right of every qualified person and political party to
				  full and equal participation in the electoral process, the following is hereby
				  adopted by the New York State Board of Elections pursuant to section 3-106  of the Election Law as the fair
				  campaign code for the State of New York. No person, political party or
				  committee during the course of any campaign for nomination or election to
				  public office or party position shall, directly or indirectly, whether by means
				  of payment of money or any other consideration, or by means of campaign
				  literature, media advertisements or broadcasts, public speeches, press
				  releases, writings or otherwise, engage in or commit any of the
				  following:
(a) Practices of political
				espionage including, but not limited to, the theft of campaign materials or
				assets, placing one's own employee or agent in the campaign organization of
				another candidate, bribery of members of another's campaign staff, electronic
				or other methods of eavesdropping or wiretapping.
(b) Political practices involving subversion
				or undermining of political parties or the electoral process including, but not
				limited to, the preparation or distribution of any fraudulent, forged or
				falsely identified writing or the use of any employees or agents who falsely
				represent themselves as supporters of a candidate, political party or
				committee.
(c) Deliberate
				misrepresentation of the contents or results of a poll relating to any
				candidate's election; also, failure to disclose such information relating to a
				poll published or otherwise publicly disclosed by a candidate, political party
				or committee as required to be disclosed by rule or regulation of the New York
				State Board of Elections.
(d) Any
				acts intended to hinder or prevent any eligible person from registering to
				vote, enrolling to vote or voting.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6201 - Fair Campaign Code › Section 6201.2 - Use of public opinion polls

Current through Register Vol. 46, No. 28, July 10, 2024
Use of public opinion polls No candidate, political party or
				  committee shall attempt to promote the success or defeat of a candidate by,
				  directly or indirectly, disclosing or causing to be disclosed, the results of a
				  poll relating to a candidate for such office or position, unless within 48
				  hours after such disclosure, they provide the following information concerning
				  the poll to the board or officer with whom statements or copies of statements
				  of campaign receipts and expenditures are required to be filed by the candidate
				  to whom such poll relates:
(a) The
				name of the person, party or organization that contracted for or who
				commissioned the poll and/or paid for it.
(b) The name and address of the organization
				that conducted the poll.
(c) The
				numerical size of the total poll sample, the geographic area covered by the
				poll and any special characteristics of the population included in the poll
				sample.
(d) The exact wording of
				the questions asked in the poll and the sequence of such questions to the
				extent results of such questions were disclosed or to the extent such questions
				were preparatory to the questions asked that were released and could have
				influenced poll respondents answers to the poll questions released.
(e) The method of polling-whether by personal
				interview, telephone, mail or other.
(f) The time period during which the poll was
				conducted.
(g) The number of
				persons in the poll sample; the number contacted who responded to each specific
				question; the number of persons contacted who did not so respond.
(h) The results of the poll relative to the
				questions required to be disclosed pursuant to paragraph d of this subdivision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6201 - Fair Campaign Code › Section 6201.3 - Procedure in fair campaign code proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initiation
				of proceeding.
(1) A proceeding under the
				fair campaign code (hereinafter " code") shall be commenced by the New York
				State Board of Elections when:
(i) the board
				receives a written signed complaint alleging the commission or omission of
				acts, in violation of the code; the county boards of elections are advised to
				forward any complaints they may receive to the State Board of Elections;
				or
(ii) the State Board staff
				proposes to the board an investigation of an alleged violation of the
				code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6203 - Investigations › Section 6203.1 - Administration of oaths, examination of witnesses and issuance of subpoenas for the purpose of conducting investigations pursuant to chapter 233 of the Laws of 1976 and chapter 55, part H, subpart B of the Laws of 2014

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to all duties and powers relating to the
				  administration of the election process, election campaign processes and
				  campaign finance practices:
(a) Any
				commissioner of the State Board of Elections may designate in writing any
				employee to administer oaths or affirmations, examine witnesses in public or
				private hearings, receive evidence and preside at or conduct any hearing or
				study.
(b) Pursuant to a delegation
				of its subpoena power by the State Board of Elections, each co-executive
				director, co-counsel and co-deputy counsel are authorized to issue subpoenas in
				the name of the State Board of Elections to compel the attendance of any person
				before the board or any employee designated pursuant to subdivision (a) of this
				section or to require the production of any books, records, documents or other
				evidence that the board or any such employee may deem relevant to any hearing
				or study.
(c) The chief enforcement
				counsel may at any time ask that the board authorize him or her to exercise the
				powers which the board is otherwise authorized to exercise pursuant to
				subdivision five and six of section 3-102 of this the Election Law. Any such
				authorization shall be made pursuant to the provisions of section 6203.2  of
				this part
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6203 - Investigations › Section 6203.2 - Provisions related to granting the chief enforcement counsel authority to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivision five and six of section 3-102 of this the Election Law

Current through Register Vol. 46, No. 28, July 10, 2024
When granting authority to the chief enforcement counsel to
				  exercise the powers which the board is otherwise authorized to exercise
				  pursuant to subdivision five and six of section 3-102 of this the Election Law,
				  the following provisions shall apply:
(a) Vote within twenty days. The board shall
				vote on whether to grant or refuse to grant such authority no later than twenty
				days after the chief enforcement counsel makes a request for such authority. A
				request shall be deemed made when the memorandum and proposed subpoena(s)
				required by paragraph (d) of this section are received by the
				commissioners.
(b) Participation in
				determinations. For purposes of considering and voting on such request, the
				chief enforcement counsel shall be entitled to participate in all matters
				related thereto and shall vote on the board's granting or refusal to grant such
				request only when there is a tie vote.
(c) No vote within twenty days or granting of
				authority. Should the board not vote on such request within twenty days of its
				submission, or grant the chief enforcement counsel's request, the chief
				enforcement counsel shall be so empowered to act pursuant to subdivisions five
				and six of section 3-102  of the Election Law. Any such action
				by the Chief Enforcement Counsel shall comply with the requirements of this
				section.
(d) Request for subpoena
				authority. An application by the chief enforcement counsel seeking authority
				from the board to issue a subpoena, shall be sent to the commissioners and
				co-executive directors whenever possible at least one week prior to a vote and
				shall include:
(1) a memorandum explaining
				the circumstances surrounding the investigation, reciting the section(s) of the
				Election Law that have allegedly been violated, and how any documents,
				testimony or other materials returned pursuant to a subpoena issued in the
				matter would be relevant and material to the investigation;
(2) the name(s) of the person(s) and/ or
				entity(ies) that will be served the proposed subpoena(s); and,
(3) a copy of the pro posed subpoena(s) to be
				issued should the authority to issue be granted. Nothing in this subsection
				shall limit the chief enforcement counsel's ability to limit the scope of an
				issued subpoena or extend the response date of an issued subpoena at the
				request of a person or entity named therein.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6203 - Investigations › Section 6203.3 - Provisions related to subpoena authority oversight

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				to whom a subpoena is directed pursuant to sect ion 6203.1 of this part, may,
				prior to the time specified therein for compliance, but in no event more than
				seven business days after the date of receipt of such subpoena, apply to the
				state board to quash or modify such subpoena authority delegated to the chief
				enforcement counsel, accompanying such application with a brief statement of
				the reasons therefor. Applications to quash shall be filed with the State Board
				of Elections, Counsel's Office, 40 North Pearl Street, Suite 5, Albany, NY
				12207 or by email sent to the co-executive directors. Any such application
				shall be deemed sufficiently stated for consideration if it reasonably sets
				forth in general terms the grounds the application is based upon and a copy of
				the subpoena itself.
(b) Upon
				receiving an application to quash or modify, Counsel's Office shall send
				notice, by mail and e-mail whenever possible, to t he movant and the chief
				enforcement counsel. Such notice shall specify when and where a hearing shall
				be held. Such hearing shall be conducted by a hearing officer of the State
				Board of Elections appointed pursuant to part 6218. A report with the hearing
				officer's recommendation shall be delivered to the office of counsel, and
				counsel shall provide such report to the board. The board shall render a final
				determination, where the board may:
(i) deny
				the application, or
(ii) rescind,
				amend or modify the subpoena. All steps in this process shall be completed as
				soon as possible. The Board shall be presented with such findings within
				forty-eight hours of the hearing officer delivering such report to the
				co-counsels of the Board. Until a decision is issued with regard to any
				application made under this section, all requirements to comply with the
				subpoena shall be stayed and the expiration of the subpoena shall be likewise
				tolled. A decision by the board shall be issued within thirty days after an
				application is made unless such time period is extended by a majority vote of
				the commissioners.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6203 - Investigations › Section 6203.4 - Enforcement Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
The chief enforcement counsel shall provide a written report
				  to the commissioners and co-executive directors at least once in each calendar
				  quarter that shall include the following information with respect to the
				  preceding calendar quarter:
(a) Total
				number of complaints received by the Enforcement Division by mail, email,
				phone, fax or any other means, and the number of such complaints:
(1) examined and found on their face to not
				warrant any further investigation
(2) still pending review
(3) under active investigation
(4) closed
(5) referred to the commissioners for further
				action
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6203 - Investigations › Section 6203.5 - Closed Enforcement Matters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the
				chief enforcement counsel determines no further action will be taken on a
				complaint or matter and the matter was not referred for possible prosecution or
				to a hearing officer, the matter is thereby deemed closed, and the chief
				enforcement counsel shall provide notice to the commissioners and co-executive
				directors.
(b) If no action is
				taken on a complaint within two years after it was received, it shall be deemed
				closed for purposes of providing notice to the commissioners; provided,
				however, if the chief enforcement counsel determines any such matters should
				not be deemed closed because future action is reasonably anticipated, the chief
				enforcement counsel shall report the number of such continued matters to the
				commissioners.
(c) Notice to the
				board of closed matters may be satisfied by a written report or by the chief
				enforcement counsel providing copies of complaints and any correspondence to
				complainants indicating a matter is closed.
(d) A copy of any settlement agreement
				entered into in which t he chief enforcement counsel or the division of
				election law enforcement is a party or signatory, shall be provided to the
				commissioners and co-executive directors within five days of
				execution.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6203 - Investigations › Section 6203.6 - Notification of Failure to File

Current through Register Vol. 46, No. 28, July 10, 2024
The division of election law enforcement shall send the
				  letters required to be sent by Election Law §
									14-108(5).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6203 - Investigations › Section 6203.7 - Special Investigators and Peace Officer Status Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request to
				the commissioners to appoint a special investigator shall set forth in detail
				the reason such appointment is needed.
(b) At no time shall any firearm be possessed
				in the offices of the State Board of Elections other than the space designated
				for the Division of Election Law Enforcement.
(c) For each person designated by the board
				as a special investigator having peace officer status, the chief enforcement
				counsel s hall provide notice to the commissioners and co-executive directors
				in January and June of each year as to the status of each peace officer's
				certifications and training compliance required by section 2.30  of the criminal procedure
				law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6203 - Investigations › Section 6203.8 - Enforcement Internal Controls

Current through Register Vol. 46, No. 28, July 10, 2024
The division of election law enforcement shall annually
				  complete the required internal controls report by the first day of April, and
				  shall provide same to the co-executive directors. Such report shall be file d
				  by the co-executive directors with the Division of Budget and/or the Office of
				  the State Comptroller as required by law with such reports from all other units
				  or divisions comprising the state board of elections.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6204 - Designating And Independent Nominating Petitions › Section 6204.1 - Specification of objections to designating and independent nominating petitions and certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				person filing general objections to any designating, independent nominating
				petition, or certificate filed with the State Board of Elections or a board of
				elections who thereafter files specifications of objections to any such
				petition or certificate with such board shall do so in accordance with the
				provisions of section 6-154  of the Election Law. All such specifications shall
				substantially comply with the following requirements:
(1) the volume number, page number, and line
				number of any signature objected to on any petition shall be set forth in
				detail. In addition, any portion of any petition or any signature line or
				witness statement objected to shall be specifically identified and reasons
				given for any such objection;
(2)
				the total number of signatures objected to shall be set forth and all
				objections relating to a single signature line should be grouped
				together;
(3) symbols and/or
				abbreviations may be used to set forth objections, provided that a sheet
				explaining the meaning of any such symbols and/or abbreviations is attached to
				the specifications; and
(4) all
				text should be provided using a font size of not less than ten points and
				formatted for a page measuring 8 1/2 x 11 inches, provided however, the use of
				text and formatting not in compliance with the provisions of this subdivision
				shall not be a fatal defect.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6204 - Designating And Independent Nominating Petitions › Section 6204.3 - Methods for determining ballot order by lot

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a board of elections, or other
				elections officer prepares a primary ballot, or receives a written request from
				a candidate to determine ballot order of candidate names on a ballot, or the
				order of names and emblems of independent bodies on a ballot, or prepares a
				ballot for a primary election, they shall use one of the following methods:
(1) acquire a quantity of smooth-surfaced,
				numbered spheres and an automatic selection machine similar to those used for
				bingo games or for drawing state lottery numbers. Place all spheres in the
				automatic machine. The person(s) designated to conduct the drawing shall
				release one sphere. The number drawn will be noted on the candidate list, next
				to the name of the candidate. Once the drawing for that office is complete, the
				numbers on the candidate list will be reviewed, and the ballot order announced,
				with the lowest number representing the first position, the next lowest number
				representing the number two position, and so on;
(2) acquire a quantity of smooth-surfaced,
				numbered spheres, of the type available from any bingo supplier or as available
				for use by the public in helping to select lottery numbers. Place all spheres
				in a container with an opening narrow enough to prohibit the insertion of a
				hand, and wide enough to allow the release of no more than one sphere at a
				time. The person(s) designated to conduct the drawing shall release one sphere.
				The number drawn will be noted on the candidate list, next to the name of the
				candidate. Once the drawing for that office is complete, the numbers on the
				candidate list will be reviewed, and the ballot order announced, with the
				lowest number representing the first position, the next lowest number
				representing the number two position, and so on; or
(3) acquire a quantity of smooth-surfaced,
				numbered spheres, of the type available from any bingo supplier or as available
				for use by the public in helping to select lottery numbers. Place as many
				spheres, sequentially numbered, as there are candidates or independent bodies
				in the particular drawing, in a container with an opening narrow enough to
				prohibit the insertion of a hand, and wide enough to allow the release of no
				more than one sphere at a time. The person(s) designated to conduct the drawing
				shall release one sphere. The number drawn shall designate that candidate's
				position on the ballot, and will be so noted on a candidate list, next to the
				name of that candidate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6205 - Actions And Proceedings › Section 6205.1 - Verification of pleadings in a special proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of verifying a pleading in a special
				  proceeding brought pursuant to the authority vested in the State and local
				  boards of elections by chapter 233 of the Laws of 1976, the following named
				  persons may verify any pleading:
(a)
				any commissioner or deputy commissioner of a board of elections;
(b) the executive director or assistant
				executive director of a board of elections;
(c) the counsel, special counsel, associate
				counsel, assistant counsel or deputy counsel of a board of elections;
(d) any other employee of a board of
				elections who is familiar with the facts; and
(e) any other board employee specified in
				writing by a board of elections to verify pleadings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6206 - POLLING PLACE ACCESSIBILITY SURVEYS › Section 6206.1 - Accessibility survey to be conducted

Current through Register Vol. 46, No. 28, July 10, 2024
The local board of elections shall cause an accessibility
				  survey to be conducted for every polling site designated pursuant to
				  subdivision 1 of section 4-104  of the Election Law to verify
				  substantial compliance with the accessibility standards cited in subdivision
				  1-a of section 4-104  of the Election Law. The transmittal
				  of each survey shall be in a format and manner prescribed by the State Board of
				  Elections.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6206 - POLLING PLACE ACCESSIBILITY SURVEYS › Section 6206.2 - Compliance date

Current through Register Vol. 46, No. 28, July 10, 2024
Not later than five days after the designation of polling
				  places pursuant to subdivision 1 of section 4-104  of the Election Law, each local
				  board of elections shall transmit to the State Board of Elections, in a format
				  and manner prescribed by the State Board of Elections, a list of all polling
				  places designated by the local board of elections and all accompanying
				  accessibility surveys required by section
				  6206.1 
				  of this Part. For any polling place which has been moved, a new accessibility
				  survey shall be transmitted to the State Board of Elections for the new site
				  within five days of its designation as a polling place. For those polling
				  places to which changes or improvements have been made after the designation
				  pursuant to subdivision 1 of section 4-104  of the Election Law, a new
				  accessibility survey shall be conducted before the polling place can be used
				  for any election and such accessibility survey shall be transmitted to the
				  State Board of Elections within five days of its completion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6207 - Discontinuance Of Central File Registration Records › Section 6207.1 - Discontinuance of central file registration records

Current through Register Vol. 46, No. 28, July 10, 2024
Any board of elections wishing to discontinue maintenance of
				  its central file registration records pursuant to section 5-504  of the Election Law may do so,
				  provided:
(a) it maintains a complete
				computer record of all registered voters, which shall include not less than
				each voter's name, complete address, including town or city, apartment or room
				number, ZIP code, assembly district if election districts are grouped by
				assembly district, ward, election district, registration serial number, party
				enrollment, date of registration, sex and date of birth;
(b) it has available, as a public record at
				the board of elections, at least one alphabetized list of all registered voters
				containing such information as is required pursuant to subdivision (a) of this
				section;
(c) a complete list is
				printed not less than once per year following completion of the purge and is
				updated weekly by a reprinting of the complete list or by the printing of
				supplements showing additions or deletions to the master file occurring during
				the preceding week;
(d) at least
				one copy of the computer tape is securely located in a building other than the
				one in which the offices of the board of elections are housed;
(e) all original registration applications
				are retained; and
(f) it receives
				authorization from the State Board after submitting an application which shall
				provide sufficient information for the board to determine that the county board
				has satisfied the requirements of subdivisions (a) through (e) of this
				section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6208 - Reapportionment Compliance Act › Section 6208.1 - Application for order

Current through Register Vol. 46, No. 28, July 10, 2024
An application to the State Board of Elections for an order,
				  pursuant to provisions of section 128 of chapter 111 of the Laws of 1982 and
				  section 3 of chapter 112 of the Laws of 1982, shall be by a petition of a
				  citizen or candidate aggrieved thereby, duly verified, which shall
				  contain:
(a) the name and full
				residence address of the petitioner;
(b) a concise specification of the
				description of the district or districts to be corrected and a statement of
				each section of the act in which such description appears or should be included
				if omitted; and
(c) a complete
				statement of the reason or reasons for such request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6208 - Reapportionment Compliance Act › Section 6208.2 - Service of petition; timeliness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The original
				petition shall be served at the office of the State Board of Elections, 40
				North Pearl Street, Suite 5, Albany, NY 12207-2729, or upon any person
				authorized by the State Board of Elections to receive such service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6208 - Reapportionment Compliance Act › Section 6208.3 - Determination and order

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days after the service of such petition, the State
				  Board of Elections shall make its determination thereon and issue an order
				  accomplishing the purposes and objectives of the Reapportionment Compliance
				  Act. A copy of such order shall be sent by registered mail to the petitioner,
				  to each board of elections affected by the order, to the Temporary President of
				  the Senate, to the Speaker of the Assembly and to the Attorney
				  General.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.3 - Additional requirements for voting systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to voting system requirements
				provided for elsewhere in this Part, paper-based systems shall:
(1) Allow the voter, at their choice, to vote
				a new ballot or submit the ballot 'as is'.
(2) An over-vote in one or more office or
				ballot proposals shall not prevent the counting of all other offices or ballot
				proposals contained on the ballot.
(3) In the case of candidates who appear on
				one or more party lines, the system shall be capable of correctly counting the
				vote according to provisions of Election Law, section
				9-112.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.7 - Modifications and re-examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any prospective modification to a
				previously certified voting system shall be submitted to and approved by the
				State Board before such modification is made.
(b) No modification of previously certified
				voting systems equipment shall be used in any election until such modification
				has been approved by the State Board.
(c) Prospective modification shall be
				reviewed by the State Board or by an examiner or testing laboratory selected by
				the State Board in accordance with the fee schedule established by section 7-201  of the Election Law.
(d) Upon completion of a review of such
				prospective modification, the State Board may cause a re-examination of the
				entire voting system, or within its discretion, grant continuation of
				certification pursuant to the provisions of section 7-201  of the Election Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.8 - Recission of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				at any time subsequent to the State Board's approval of a voting system, the
				State Board determines that the voting system fails to fulfill the criteria
				prescribed by statute and these rules, the State Board shall notify any
				purchasers and vendors of that particular voting system's failure, post such
				notice on its website, and give notice by mail to the chairs of all political
				parties and interested persons who have previously requested notification of
				such information, that the State Board's approval or certification of that
				system in New York State is to be withdrawn.
(b) Failure of a vendor, its officers and its
				controlling shareholders to file affidavits as required in section
				6209.4(i) 
				of this Part may result in the rescission of certification. Notice of such
				failure shall be in writing and shall specify the reasons why the approval or
				certification of the system is being rescinded.
(c) At the State Board's discretion and
				depending on the reason for recision, a notice may also provide for a 30-day
				period within which the vendor must correct deficiencies, and shall further
				specify the date on which the rescission is to become effective.
(d) Any vendor or purchaser of such voting
				system, and any interested person or organization, may request in writing that
				the State Board reconsider its decision to rescind approval or certification of
				the voting system.
(e) Upon receipt
				of such request to reconsider, the State Board shall hold a public hearing for
				the purpose of reconsidering the decision to rescind the approval or
				certification, and shall give published notice of such hearing at least two
				weeks in advance, including posting it prominently on its website and giving
				notice by mail to public advocacy organizations which have requested such
				notification or requested that the State Board reconsider its decision. Any
				interested party shall be given the opportunity to submit testimony or
				documentation in support of or in opposition to the Board's decision to rescind
				approval or certification.
(f) The
				State Board may affirm or reverse its decision. Should the State Board affirm
				its decision, such vendor may be prevented from submitting a new application
				form for a period of two years following the date of the final
				decision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.9 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to
				complying with all statutory requirements, all contracts for the purchase of
				voting systems by county boards, hereinafter to be designated 'purchaser',
				shall include the following requirements:
(1)
				Training. Vendors of voting systems shall provide for sufficient training of
				boards of elections personnel in the following:
(i) training prior to delivery of voting
				systems and equipment on procedures for unpacking, assembling and acceptance
				testing of such equipment;
(ii)
				training for proper use of such equipment including maintenance, storage and
				transportation procedures;
(iii)
				the vendor shall provide complete operations manuals (including operations
				manuals for any auxiliary features, programming, hardware, telecommunications
				systems and central vote tabulating systems) upon delivery of voting systems
				equipment to a jurisdiction. Such manuals shall include one copy of procedures
				to be followed by inspectors at polling places. The vendor shall permit this
				copy to be reproduced and distributed by the county board at its training
				school for election inspectors or the vendor shall supply as many copies of the
				procedures as required by purchaser for such distribution;
(iv) the vendor shall assist in the training
				of all elections personnel (including election inspectors) during the first two
				elections, to include a general election, in which the system or equipment is
				used. Such assistance relating to the number of people and the hours of
				assistance shall be identified in the executed contract.
(v) sufficient training for county board
				personnel in the use of the vendor's voting system's supporting software,
				procedures to be used to accomplish ballot face layout and ballot programming,
				and all other features of the software.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.10 - Acceptance testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				County boards, under the supervision of the State Board, shall conduct a public
				acceptance test on each unit of any voting system purchased by such county.
				Such acceptance testing shall begin within 72 hours of delivery of the
				equipment from the vendor to the purchaser and shall be completed prior to the
				use of the equipment in any election.
(b) Such testing shall be conducted under the
				supervision of the State Board in accordance with the testing requirements and
				formats provided by the State Board. This test may consist in part, of the
				original certification test deck as utilized by the State Board in the
				certification of the system.
(c)
				Acceptance testing for voting systems shall include the comparison of software
				installed on the delivered system to certified software, via the use of a
				Secure Hash Signature Standard (SHS) Validation Program, contained in Federal
				Information Processing Standards Publication 180-2 issued by the National
				Institute Standards Technology.
(d)
				Acceptance testing for non-PC-based voting systems shall include testing to be
				prescribed by the State Board at the time of system selection, pursuant to
				section
				6209.5(i) 
				of this Part, to verify that the voting system delivered to the county board is
				identical to the system certified by the State Board.
(e) The results of acceptance testing shall
				be both documented and attested to by the county board and the State Board, and
				the documentation placed in the maintenance log for the system, and on file
				with the State Board.
(f) If the
				acceptance test reveals any impropriety or fault in the ballot counting
				system's equipment, the vendor must make corrections to such improper or faulty
				equipment within 15 days from the date of such acceptance testing.
(g) The State Board, upon its review of the
				acceptance testing of such system's equipment may, at its discretion, rescind
				certification of said equipment in the State of New York in accordance with the
				provisions of section
				6209.8 
				of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.11 - Temporary provision

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other regulation, no voting machine
				  certified after May 1, 2006 may be used in any election until the State Board
				  adopts regulations for routine maintenance and testing, voting system
				  operations procedures, and central count procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6210 - Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standards for Determining Valid Votes › Section 6210.3 - Submission of procedures for unofficial tally of results of election

Current through Register Vol. 46, No. 28, July 10, 2024
County boards which adopt procedures pursuant to Election Law
				  section 9-126(3) shall file such procedures with the State Board of
				  Elections.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6210 - Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standards for Determining Valid Votes › Section 6210.4 - Demonstration models

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				During the first five years after purchase, any county which purchases
				precinct-based voting equipment systems shall provide a model, diagram, video
				or other electronic instruction (example CD ROM) of such voting system's
				equipment for each polling place in its jurisdiction.
(b) Any such model, diagram, video or other
				electronic instruction must be approved by the State Board and must meet the
				following specifications:
(1) May not contain
				the name of any party or independent body which has been continuously used in
				New York State.
(2) Display a
				ballot layout which shall consist of at least two party rows and eight voting
				positions including at least one multiple-candidate office (vote for
				two).
(3) Demonstrate how a voter
				can:
(i) Vote for a candidate, question or
				proposition.
(ii) Verify in a
				private and independent manner the votes selected by the voter on the ballot
				before the ballot is cast and counted.
(iii) In a private and independent manner
				change the ballot or correct any error before the ballot is cast and counted,
				including the opportunity to correct the error through the issuance of a
				replacement ballot if the voter was otherwise unable to change the ballot or
				correct any error.
(iv) Cast a
				write-in ballot.
(v) Cast the
				ballot.
(vi) Be notified on the
				effect of the voter casting multiple votes for an office or proposal in excess
				of the number permitted.
(vii) Be
				notified on the effects of an undervote.
(viii) Utilize the accept ballot/reject
				ballot feature, if any is available on such voting machine or system.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6210 - Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standards for Determining Valid Votes › Section 6210.5 - Voting system operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				voting systems used in New York State shall be used in a manner consistent with
				Election Law, these regulations and the United States Election Assistance
				Commission's 2005 Voluntary Voting System Guidelines and any conditions
				specified in the State Board's certification of the voting system for use in
				New York elections.
(b) Only the
				county board shall have care, custody and control over all resources for the
				purposes of conducting elections, including but not limited to vote counting,
				preparation and custody of ballots, system maintenance and all testing. If it
				becomes necessary to transfer control of any equipment to a vendor for repairs,
				or to other political subdivisions for use by them in their elections, such
				voting systems and/or equipment shall not be used in a live election by the
				county board until such time as such equipment is returned to the care, custody
				and control of the county board and acceptance testing of each such system or
				equipment is performed pursuant to section
				6209.10  of the
				State Board Regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6210 - Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standards for Determining Valid Votes › Section 6210.6 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility of the county board to provide
				  sufficient and appropriate staff to perform the functions required for
				  successful use of the voting system. All tasks shall be defined in written
				  procedures, and personnel assigned shall be thoroughly trained to carry out
				  their responsibilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6210 - Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standards for Determining Valid Votes › Section 6210.8 - Test deck procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Each county board shall prepare a test deck to be used to
				  verify that the voting system's election configuration and ballot configuration
				  is correct and that the voting system will accurately cast and count votes
				  within each individual ballot configuration.
(a) The ballots shall be voted with a
				pre-determined number of valid votes for each candidate, each write-in
				position, and each voting option on every proposal that appears on the ballot
				as certified by the county board in order to verify that the vote system is
				programmed to correctly count the ballots. The deck includes one or more
				ballots that are intended to fail, have been improperly voted, or which are
				voted in excess of the number allowed by law, and one or more ballots on which
				no votes are cast, in order to test the ability of the system to recognize
				and/or notify of an under or over vote. If there is more than one ballot
				configuration for an election, a separate test deck is created for each ballot
				configuration. In election districts that will utilize a single voting system
				for two or more ballot configurations, required testing shall consist of a
				different test deck for each ballot configuration to be utilized on such voting
				system, to ensure that the addition of multiple ballot configurations has not
				affected the accurate casting and counting of votes within individual ballot
				configurations.
(b) Test decks
				which include sub-decks are created once election configuration and ballot
				configuration tasks have been completed, and ballot configurations have been
				verified, utilizing detailed procedures for preparation of a test deck
				prescribed to the county board by the State Board. Using a tool or tools,
				(
ie
Excel) make a test script for each specific ballot within
				the test deck, such that when all test ballots within the test deck are
				completely cast it will accurately test all positions, undervotes, overvotes,
				write-in positions, propositions and ballots that are deliberately designed to
				fail.
(1) To create a test deck on an optical
				scan voting system, test ballots must be marked, following the pattern
				determined to sufficiently test the ballot programming, logic, and accuracy.
(i) For optical scan voting systems, the test
				deck includes one or more ballots on which two or more votes are cast for a
				candidate whose name appears on the ballot more than once for the same office
				in order to test the ability of the system to count only the first of such
				votes for the candidate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6210 - Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standards for Determining Valid Votes › Section 6210.9 - Vote tabulation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Preparation of ballots for tabulation by central count paper-based
				systems.
(1) Ballots shall be reviewed
				pursuant to the provisions of section
				6210.13 
				of this Part, to determine if the ballot is machine-readable or if the ballot
				requires that it be manually counted, then recorded in the official canvass of
				the votes for the election.
(2)
				Ballots shall be assembled in separate batches by election district unless
				otherwise directed by the county board to preserve the secrecy of the ballot.
(i) Each batch shall be identified by a
				header card and at the end of all batches there shall be an end- or trailer-
				card, if required by the software. Header and trailer cards shall be visually
				distinct from ballots. Such distinction may be made, for example, by using a
				different color card stock, or different edge marking, or by other appropriate
				means.
(ii) The bi-partisan team of
				county board personnel shall place header cards, in order that the votes
				recorded on each ballot shall be attributed to the correct election district.
				When placing header cards, as each is placed by one person, the other person
				shall verify that the header card is the correct one for the batch of ballots
				which follows it and that it is correctly oriented in the batch.
(3) Ballots shall then be fed into
				the central count paper-based voting system. Following the counting of all
				ballots, a tabulation report shall be printed. Two back-up copies of the
				tabulation report shall be locked in secure storage.
(4) Where the number of ballots to be
				canvassed is small, the county board may provide for canvassing of the ballots
				by larger units of representation.