Section 7-202. Voting machine or system; requirements of  


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  • 1. A voting
      machine or system to be approved by the state board of elections shall:
        a. be constructed so as to allow for voting for all candidates who may
      be nominated and on all ballot proposals which  may  be  submitted  and,
      except  for  elections  at  which  the number of parties and independent
      bodies on the ballot exceeds the number of rows or columns available, so
      that the amount of space between the names of any two candidates of  any
      party or independent body in any row or column of such machine or system
      at any election is no greater than the amount of space between the names
      of  any  other  candidates  of  such  party  or independent body at such
      election;
        b. permit a voter to vote for any person for any  office,  whether  or
      not  nominated  as  a candidate by any party or independent body without
      the ballot, or any part thereof, being removed from the machine  at  any
      time;
        c.  be constructed so that a voter cannot vote for a candidate or on a
      ballot proposal for whom or on which he or she is not lawfully  entitled
      to vote;
        d. if the voter selects votes for more than one candidate for a single
      office,  except where a voter is lawfully entitled to vote for more than
      one person for that office, notify the voter that the voter has selected
      more than one candidate for a single office on the  ballot,  notify  the
      voter  before  the  ballot  is cast and counted of the effect of casting
      multiple  votes  for  the  office,  and  provide  the  voter  with   the
      opportunity to correct the ballot before the ballot is cast and counted;
        e.  provide  the  voter  an opportunity to privately and independently
      verify votes selected and the ability  to  privately  and  independently
      change  such  votes  or  correct any error before the ballot is cast and
      counted;
        f. be provided with a "protective counter" which records the number of
      times the machine or system has been operated since it was built  and  a
      "public  counter"  which records the number of persons who have voted on
      the machine at each separate election;
        g. be provided with a lock or locks, or other device or  devices,  the
      use of which, immediately after the polls are closed or the operation of
      the  machine  or  system for such election is completed, will absolutely
      secure the voting or registering mechanism and prevent the recording  of
      additional votes;
        h.  be  provided  with  sufficient  space  to  display the information
      required herein, provided, however, in the alternative, such information
      may be displayed within the official ballot;
        i. be provided  with  a  device  for  printing  or  photographing  all
      counters  or  numbers recorded by the machine or system before the polls
      open and after the polls close which shall be a permanent record with  a
      manual audit capacity available for canvassing the votes recorded by the
      machine  or  system;  such paper record shall be preserved in accordance
      with the provisions of section 3-222 of this chapter;
        j. retain all paper  ballots  cast  or  produce  and  retain  a  voter
      verified  permanent  paper  record which shall be presented to the voter
      from behind a window or other device before the ballot  is  cast,  in  a
      manner  intended  and designed to protect the privacy of the voter; such
      ballots or record shall allow a manual audit and shall be  preserved  in
      accordance with the provisions of section 3-222 of this chapter;
        k.  provide  sufficient  illumination  to  enable the voter to see the
      ballot;
        l. be suitable for the use  of  election  officers  in  examining  the
      counters  such  that  the protective counters and public counters on all
    
      such machines or systems must be located so that they will be visible to
      the inspectors and watchers at all times while the polls are open;
        m.  be  provided with a screen and hood or curtain or privacy features
      with equivalent function which shall be  so  made  and  adjusted  as  to
      conceal the voter and his or her action while voting;
        n. contain a device which enables all the election inspectors and poll
      watchers  at such election district to determine when the voting machine
      or system has been activated for voting and when the voter has completed
      casting his or her vote;
        o. permit the primaries of at least five parties to be  held  on  such
      machine  or  system at a single election, and accommodate such number of
      multiple ballots at a single election as may be required  by  the  state
      board of elections but in no case less than five;
        p.  be constructed to allow a voter in a wheelchair to cast his or her
      vote;
        q. permit inspectors of elections  to  easily  and  safely  place  the
      voting machine or system in a wheelchair accessible position;
        r.  ensure  the integrity and security of the voting machine or system
      by:
        (i) being capable of conducting both  pre-election  and  post-election
      testing  of  the  logic  and  accuracy  of  the  machine  or system that
      demonstrates an accurate tally when a known quantity of votes is entered
      into each machine; and
        (ii) providing a means by which a  malfunctioning  voting  machine  or
      system shall secure any votes already cast on such machine or system;
        s.   permit   alternative   language  accessibility  pursuant  to  the
      requirements of section 203 of the Voting Rights Act of 1965 (42  U.S.C.
      1973aa-1a)  such  that  it  must  have  the capacity to display the full
      ballot in the alternative  languages  required  by  the  federal  Voting
      Rights  Act  if  such  voting machine or system is to be used where such
      alternative languages are required or where the local board  deems  such
      feature necessary; and
        t.  not  include  any  device  or functionality potentially capable of
      externally transmitting or receiving data via the internet or via  radio
      waves or via other wireless means.
        2. The state board of elections shall approve, for use at each polling
      place at least one voting machine or system at such polling place which,
      in  addition  to  meeting  the  requirements  in subdivision one of this
      section, shall:
        a. be equipped with a voting device with tactile discernible  controls
      designed to meet the needs of voters with limited reach and limited hand
      dexterity;
        b.  be  equipped  with  an  audio voting feature that communicates the
      complete content of the ballot in a voice which permits a voter  who  is
      blind  or  visually impaired to cast a secret ballot using voice-only or
      tactile discernible controls; and
        c. be capable  of  being  equipped  with  a  pneumatic  switch  voting
      attachment  which  can  be  operated  orally  by  gentle pressure or the
      creation of a vacuum through the inhalation or exhalation of air by  the
      voter  including,  but  not  limited  to,  a  sip-and-puff switch voting
      attachment.
        3. The state board of elections may, in  accordance  with  subdivision
      four   of  section  3-100  of  this  chapter,  establish  by  regulation
      additional standards for voting machines  or  systems  not  inconsistent
      with this chapter.
        4.  Local boards of elections which obtain voting machines pursuant to
      this chapter may  determine  to  purchase  direct  recording  electronic
    
      machines  or  optical scan machines in conformance with the requirements
      of this chapter.