A 562: Relates to requests for proposals for voting machines and contracts for the purchase of voting machines or systems.

  
  STATE OF NEW YORK ________________________________________________________________________ 562 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. PAULIN, REYES, SAYEGH, SIMON, COOK, DeSTEFANO -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to requests for proposals for voting machines and contracts for purchase of voting machines or systems The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 7-201 of the election law, as 2 amended by chapter 181 of the laws of 2005, is amended to read as 3 follows: 4 1. [Any person or corporation owning or being interested in any voting 5 machine or system may apply to have] Any commissioner of the state board 6 of elections [examine such machine or system] may solicit requests for 7 proposals for voting machines or systems to be certified by such board 8 for use in New York state. [Such applicant] All such requests for 9 proposals shall contain a provision stating that any person or entity 10 submitting a proposal shall pay to the board before the examination of 11 such proposed voting machine or system, a fee equal to the cost of [such 12 examination] examining such voting machine or system. The state board of 13 elections shall cause the machine or system to be examined and a report 14 of the examination to be made and filed in the office of the state 15 board. Such examination shall include a determination as to whether the 16 machine or system meets the requirements of section 7-202 of this title 17 and a thorough review and testing of any electronic or computerized 18 features of the machine or system. Such report shall state an opinion as 19 to whether the kind of machine or system so examined can safely and 20 properly be used by voters and local boards of elections at elections, 21 under the conditions prescribed in this article and the requirements of 22 the federal Help America Vote Act. If the report states that the machine 23 or system can be so used, and the board after its own examination so EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02037-01-5 
 A. 562 2 1 determines, in accordance with subdivision four of section 3-100 of this 2 chapter, the machine or system shall be deemed approved, and machines or 3 systems of its kind may be adopted for use at elections as herein 4 provided. The voting machine or system shall be examined by examiners or 5 testing laboratories to be selected for such purpose by the state board. 6 Each examiner or laboratory shall receive compensation and expenses for 7 making an examination and report as to each voting machine or system 8 examined by [him or it] such examiner or laboratory. Neither any member 9 of the state board of elections nor any examiner or owner or employee of 10 any testing laboratory, shall have any pecuniary interest in any voting 11 machine or system. Any form of voting machine or system not so approved, 12 cannot be used at any election. 13 § 2. Subdivisions 1 and 2 of section 7-204 of the election law, as 14 amended by chapter 181 of the laws of 2005, are amended to read as 15 follows: 16 1. All contracts for purchase of voting machines or systems of types 17 approved by the state board of elections shall include, but not be 18 limited to, requirements that the vendors provide assistance in training 19 board of elections personnel in the operation of such machines or 20 systems and any ancillary equipment, assistance in the conduct of all 21 elections conducted during the first year in which each such machine or 22 system is used and at least [five] ten years of service for all such 23 machines or systems and ancillary equipment. 24 2. All such contracts shall also require the vendor to guarantee in 25 writing to keep such machines and systems in good working order for at 26 least [five] ten years without additional cost and to perform satisfac- 27 torily its training and service obligations under the contract and to 28 give a sufficient bond conditioned to that effect. 29 § 3. This act shall take effect immediately.