This text of New York § 7-207 (Voting and ballot counting machines; preparation of, party representatives) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 7-207. Voting and ballot counting machines; preparation of, party\nrepresentatives.
1.It shall be the duty of the board of elections to\ncause the proper ballot labels to be prepared and placed on those voting\nmachines which require ballot labels, to cause the machines and any\nremovable electronic or computerized devices which operate such machines\nor record the vote thereon to be placed in proper order for voting, to\nexamine all voting machines and all such electronic or computerized\ndevices before they are sent out to the different polling places, to see\nthat all the registering counters are set at zero, to cause a printed\nrecord of all the ballot label programming data, for each election,\nwhich is entered into each voting machine of a type approved after\nSeptember first, n
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§ 7-207. Voting and ballot counting machines; preparation of, party\nrepresentatives. 1. It shall be the duty of the board of elections to\ncause the proper ballot labels to be prepared and placed on those voting\nmachines which require ballot labels, to cause the machines and any\nremovable electronic or computerized devices which operate such machines\nor record the vote thereon to be placed in proper order for voting, to\nexamine all voting machines and all such electronic or computerized\ndevices before they are sent out to the different polling places, to see\nthat all the registering counters are set at zero, to cause a printed\nrecord of all the ballot label programming data, for each election,\nwhich is entered into each voting machine of a type approved after\nSeptember first, nineteen hundred eighty-six, or which is entered into\nany removable electronic or computerized device which operates such\nmachine or records the vote thereon, to be produced directly from the\ndevice on which such ballot label programming data was entered and to\nlock all voting machines so that the counting machinery can not be\noperated and to seal each one with a numbered seal.\n 2. (a) Before preparing or programming the voting and ballot counting\nmachines and any removable electronic or computerized devices which\noperate such machines or record the vote thereon for any election,\nwritten notices shall be mailed to the chairman of the county committees\nof the major political parties, stating the times when and place or\nplaces where the machines and devices will be prepared or programmed; at\nwhich times and place or places, one representative of each of such\npolitical parties, certified by the respective chairmen of the county\ncommittees of such parties, shall be entitled to be present and see that\nthe machines and devices are properly prepared and placed in proper\ncondition and order for use at the election. The party representatives\nshall take the constitutional oath of office, which shall be filed in\nthe office of the board of elections.\n (b) It shall be the duty of such party representatives to be present\nat the preparation of the voting machines for election and see that the\nmachines are properly prepared and that all registering counters are set\nat zero by examining such counters or by examining the printed or\nphotographic record produced by such voting machine or by examining the\nprinted record of the ballot label programming data on such machine.\nWhen the machines have been prepared for election, it shall be the duty\nof the custodian or custodians of voting machines and party\nrepresentatives, to make a certificate in writing which shall be filed\nin the office of the board of elections, stating the number of machines,\nwhether or not all the machines are set at zero, the number registered\non the protective counter, and the number on the seal with which the\nmachine is sealed.\n 3. No custodian or other employee of the board of elections shall in\nany way prevent free access to and examination of all voting machines\nthat are to be used at the election, by the duly appointed party\nrepresentatives. The board of elections and its employees shall afford\nthe party representatives every facility for the examination of all\nvoting machines and devices and the registering counters, the printed or\nphotographic record of the counters or the printed record of the ballot\nlabel programming data on such machines, if any, the protective counters\nand the public counters of each and every voting machine. All such\nprinted or photographic records shall be public records at the offices\nof the boards of elections.\n 4. It shall be the duty of the board of elections to cause such voting\nmachine or machines, prepared as provided pursuant to this section to be\ndelivered at each of the respective polling places in which they are to\nbe used, at least one hour before the time set for the opening of the\npolls. After the machine has been delivered, it shall be set up in the\nproper manner for use at the election, and it shall be the duty of the\nlocal authorities to provide ample protection against tampering with the\nmachines.\n 5. The party representatives shall be paid for their services an\namount that shall be fixed by the board of elections, such amount shall,\nhowever, be approved by the governing body of the municipality wherein\nsaid machines are used and paid by such municipality.\n