New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6209 - Voting Systems Standards › Section 6209.2 - Polling place voting system requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order for a polling place voting
				system to be considered by the State Board for certification, it must comply
				with the mandates of New York State Election Law, and meet the Election
				Assistance Commission's 2005 Voluntary Voting System Guidelines, to the extent
				that they are consistent with State law and this Part. Such polling place
				voting systems shall meet the following requirements:
(1) Provide a full ballot display on a single
				surface, except that proposals may appear on the reverse side of any paper
				ballot, and that such ballot display is easily visible under typical lighting
				found in a poll site.
(2) For
				jurisdictions within the State of New York that have been identified by the
				U.S. Department of Justice, as requiring that ballots be provided in alternate
				languages, pursuant to section 203 of the Voting Rights Act,
				42
				USC 1973aa-1a. Voting systems must be able to
				recognize and interpret alternate language ballots.
(3) Provide a device that produces and
				retains a voter-verifiable permanent paper record, pursuant to statute, which
				the voter can review and/or correct prior to the casting of their vote. In the
				case of a paper-based voting system, the ballot marked by the voter shall
				constitute the paper record referred to in subdivision (f) of this section. The
				paper record shall allow a manual audit and allow for preservation in
				accordance with the provisions of Election Law, section
				3-222.
(4) Provide a device or means by which the
				record of the votes cast on the machine can be printed and visually reviewed
				after the polls are closed.
(5)
				Provide a battery power source in the event that the electric supply used to
				make the voting system equipment function, is disrupted. The battery power
				source shall operate the system and allow for the casting of votes for a period
				not less than two hours, to ensure that the system can shut down and preserve
				the integrity of votes cast prior to the power failure, and can resume
				functionality when power is provided or restored without significant or
				intrusive power-up procedures. Such batteries must be rechargeable and have
				minimum five-year life when used under normal conditions. In the event of a
				power failure, the equipment shall perform a normal shut-down not less than one
				hour before battery power is depleted, and shall notify the election inspector
				that the system will do so.
(6) The
				system shall contain software and hardware required to perform a diagnostic
				test of system status, and a means of simulating the random selection of
				candidates and casting of ballots in quantities sufficient to demonstrate that
				the system is fully operational and that all voting positions are
				operable.
(7) The system shall
				incorporate multiple memories, including resident vote tabulation, storage of
				results and ballot images in resident memory, serving as a redundant means of
				verifying or auditing election results and ballot images, and further, the
				system shall be required to alert the election day worker that memory capacity
				is about to be reached.
(8) In a
				DRE voting system, the system must prevent voters from overvoting and indicate
				to the voter specific contests or ballot issues for which no selection or an
				insufficient number of selections has been made. A ballot marking device must
				prevent voters from overvoting and indicate to the voter specific contests or
				ballot issues for which no selection or an insufficient number of selections
				has been made. A ballot counting scanner must indicate to the voter specific
				contests or ballot issues for which an overvote is detected.
(9) The voting system shall provide a method
				for write-in voting and shall report the number of votes cast in each contest
				in write-in voting positions.
(10)
				The voting system shall be capable of accumulating and reporting a count of the
				number of ballots tallied for an election district and votes cast for each
				candidate, and the total vote for or against each ballot proposal, and shall be
				capable of separating and tabulating those election district totals to produce
				a report of the total of ballots tallied by groups of election districts such
				as legislative districts or wards.