§ 7-208 — Escrow requirements

New York § 7-208

• Jurisdiction: New York
• Law ELN: Election
• Title 2: Voting Machines
• Art. 7: Election Ballot

Text

§ 7-208. Escrow requirements. Prior to the use of any voting machine\nor system in any election in the state, on or after September first, two\nthousand six, the state board of elections and the local board of\nelections using such voting machine or system shall:\n 1. Require that the manufacturer and/or vendor of such voting machine,\nsystem or equipment shall place into escrow with the state board of\nelections a complete copy of all programming, source coding and software\nemployed by the voting machine, system or equipment which shall be used\nexclusively for purposes authorized by this chapter and shall be\notherwise confidential.\n 2. Require that the manufacturer and/or vendor of such voting machine,\nsystem or equipment file with the state board of elections and the\nappropriate local boards of elections a waiver, prepared by the state\nboard of elections, which shall waive all rights of the vendor or\nmanufacturer to assert intellectual property or trade secret rights in\nany court of competent jurisdiction hearing a challenge to the results\nof any election and requesting that programming source coding, firmware,\nand software as well as voting machines or systems be tested by\nindependent experts under court supervision and at the conclusion of\nsuch proceeding shall be sealed.\n 3. Require that the manufacturer and/or vendor of such equipment file\nwith the state board of elections and the appropriate local boards of\nelections a consent to having and cooperating in the testing of any\nprogramming, source coding, firmware, or software, pursuant to an order\nof any board of elections or court of competent jurisdiction. Any such\nboard or agent thereof shall be required to maintain the confidentiality\nof any proprietary material.\n