Section 7-203. Voting machines; requirement of use  


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  • 1.  The  board of
      elections shall provide a sufficient number of voting machines to  fully
      equip  all  election  districts  within  its  jurisdiction.  Such voting
      machines shall be used at all general,  special  and  primary  elections
      conducted pursuant to this chapter.
        2.  Notwithstanding  any  provision  of law to the contrary, the state
      board of elections shall establish, in accordance with subdivision  four
      of  section 3-100 of this chapter, for each election, the minimum number
      of voting machines required in each polling place and the maximum number
      of voters that can vote on one voting machine. Such  minimum  number  of
      voting machines shall be based on the voting machine in use, taking into
      account  machine functionality and capability and the need for efficient
      and orderly elections and, in the case of a general or special election,
      the number of registered voters, excluding voters in inactive status, in
      the election district or, in the case of a primary election, the  number
      of enrolled voters, excluding voters in inactive status, therein.
        3.  In  the event that the board of elections shall not agree upon, or
      the county shall not execute a contract or contracts  for  the  purchase
      of,  the  necessary voting machines, such contract or contracts shall be
      awarded,  made  and  executed  by  the  state  board  of  elections,  in
      accordance  with  subdivision  four of section 3-100 of this chapter, on
      approval of the attorney general as to form. The expense of  making  and
      entering  into such contracts, including the preparation and printing of
      specifications, and also all payments for voting  machines  to  be  made
      thereunder, shall be chargeable to the county, except in the city of New
      York  where  such expense shall be chargeable to such city, and it shall
      be the duty of the comptroller or other  chief  fiscal  officer  of  the
      county or city, as the case may be, to pay the same upon the certificate
      of  the  officer  making  such  contract, or upon the certificate of the
      state board of elections in the event that such contract be made by  it.
      No  provision  of  any  charter  or other law or ordinance governing the
      purchase of patented articles shall be deemed to apply to  the  purchase
      of  voting  machines pursuant to the provisions of this section. Nothing
      in this section shall  be  construed  to  prevent  the  state  board  of
      elections  from  distributing  voting  machines  to  boards of elections
      pursuant to other provisions of this chapter without charge.
        4. The board of elections may purchase  voting  machines  for  use  in
      demonstration and as extra machines within the county.