N.Y. Comp. Codes R. & Regs. Tit. 9 § 6209.5 - Submission of voting systems equipment

(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.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6209.5