Section 7-201. Voting machines and systems; examination of

1. Any person or
  corporation  owning  or being interested in any voting machine or system
  may apply to have the state board of elections examine such  machine  or
  system.  Such  applicant shall pay to the board before the examination a
  fee equal to the cost of such examination. The state board of  elections
  shall  cause  the  machine  or system to be examined and a report of the
  examination to be made and filed in the office of the state board.  Such
  examination  shall  include a determination as to whether the machine or
  system meets the requirements of section  7-202  of  this  title  and  a
  thorough  review  and testing of any electronic or computerized features
  of the machine or system. Such report  shall  state  an  opinion  as  to
  whether  the  kind  of  machine  or  system  so  examined can safely and
  properly be used by voters and local boards of elections  at  elections,
  under  the conditions prescribed in this article and the requirements of
  the federal Help America Vote Act. If the report states that the machine
  or system can be so used, and the board after  its  own  examination  so
  determines, in accordance with subdivision four of section 3-100 of this
  chapter, the machine or system shall be deemed approved, and machines or
  systems  of  its  kind  may  be  adopted  for use at elections as herein
  provided. The voting machine or system shall be examined by examiners or
  testing laboratories to be selected for such purpose by the state board.
  Each examiner or laboratory shall receive compensation and expenses  for
  making  an  examination  and  report as to each voting machine or system
  examined by him or  it.  Neither  any  member  of  the  state  board  of
  elections  nor  any  examiner  or  owner  or  employee  of  any  testing
  laboratory, shall have any pecuniary interest in any voting  machine  or
  system.  Any form of voting machine or system not so approved, cannot be
  used at any election.
    * 1-a. A citizens' election modernization advisory committee is hereby
  established within the state board of elections.  Such  committee  shall
  consist  of  the co-executive directors of the state board of elections,
  two local board of election commissioners appointed by the  state  board
  of  election  commissioners  of  one  major  party,  two  local board of
  election  commissioners  appointed  by  the  state  board  of  elections
  commissioners  of  the  other  major  party,  five members of disability
  rights' organizations, who shall be appointed  by  the  state  board  of
  elections  in  accordance with subdivision four of section 3-100 of this
  chapter, at least one  of  whom  shall  be  a  representative  from  the
  Commission on Quality of Care and Advocacy for Persons with Disabilities
  and  the  New  York  State  Independent  Living  Council,  Inc., and the
  Disabled American Veterans, Department of New York, one member appointed
  by the temporary president of the senate and one member appointed by the
  speaker of the assembly and one member who shall be a representative  of
  the  New  York  State League of Women Voters. Such appointments shall be
  made within thirty days of the effective date of  this  subdivision  and
  the  state  board  of elections shall immediately convene the committee.
  The committee shall have access to each machine or system submitted  for
  examination  and  assist the state board of elections in the examination
  of  the  voting  machines  or  systems  pursuant  to  this  section   by
  recommending  which machines or systems meet the requirements of section
  7-202 of this title and the federal Help America Vote Act. The committee
  shall meet four times per year. The state board of elections shall  take
  such  recommendation  into  consideration  when  determining  whether  a
  machine or system meets the requirements of section 7-202 of this  title
  and the federal Help America Vote Act.
    * NB Repealed July 1, 2010
    2. When any change is made in the operation or material of any feature
  or  component  of any machine or system which has been approved pursuant

  to the provisions of this  section,  such  machine  or  system  must  be
  submitted  for  such  re-examination  and  reapproval  pursuant  to  the
  provisions of subdivision one of this section  as  the  state  board  of
  elections deems necessary.
    3.  If  at  any  time  after  any  machine or system has been approved
  pursuant to the provisions of subdivision one or two  of  this  section,
  the state board of elections has any reason to believe that such machine
  or  system  does  not  meet  all the requirements for voting machines or
  systems set forth in this article, it shall forthwith cause such machine
  or system to be examined again in the manner prescribed  by  subdivision
  one  of this section. If the opinions in the report of such examinations
  do not state that such machine or system can safely and properly be used
  by voters at elections under the conditions prescribed by this  article,
  the  state  board  of  elections shall forthwith rescind its approval of
  such machine or system. After the date on  which  the  approval  of  any
  machine  or system is rescinded, no machines or systems of such type may
  be purchased for use in this state. The state board of  elections  shall
  examine  all  machines  or  systems  of  such type which were previously
  purchased, to determine if they may continue to be used in elections  in
  this state.
    4.  The  state  board  of  elections  may  authorize,  for  use  on an
  experimental basis, one or more  types  of  voting  machine,  system  or
  equipment  not  previously  approved  by  such  board  pursuant  to  the
  provisions of this section and may authorize a local board of  elections
  to  rent  or borrow a limited number of one such type of machine, system
  or equipment for use in a primary, special, general or village election.
  Authorization for such use of such a machine, system or equipment may be
  given for all or part  of  any  city,  town  or  village  for  any  such
  election.
    5.  The  board  shall  deposit  all  fees  collected  pursuant  to the
  provisions of subdivision one of this  section  to  the  credit  of  the
  voting  machine  and  system  examination  fund  established pursuant to
  section ninety-two-p of the state finance law.