N.Y. Comp. Codes R. & Regs. tit. 9 § 6209.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6209.4 - Application process

(a) The election operations unit shall forward an application form within one week from the date of receipt of a request from a vendor, together with a copy of applicable rules and regulations and a pre-qualification test format for both a general and primary election ballot program.

(b) Said vendor shall return completed ballot layouts based upon the pre-qualification test format to the election operations unit. Upon approval of the layouts, the vendor shall program such system or equipment and complete the pre-qualification tests for both ballot programs provided, and enter the simulated votes upon said system or equipment for each election program.

(c) The completed application shall be returned by the vendor applicant, with a printout of tabulated votes from the primary and general election pre-qualification tests as cast on the voting system equipment which the applicant requests to have certified. The pre-qualification test programs shall be retained by the applicant for use in the certification process.

(d) The application and printouts shall be reviewed to determine if the voting system shall be considered for certification and the applicant shall be notified of such determination.

(e) No application shall be deemed to be filed until all documentation required by this Part has been submitted to the State Board or its designee.

(f) A certified or bank check in the amount of $5,000 shall accompany such application, and be applied towards the actual cost of the examination.

(g) Fees for the examination of a voting system shall be assessed against the vendor by the State Board based upon the cost to the State Board for examination of such voting system by an outside contractor, laboratory or other authorized examiner.

(h) A vendor submitting an application shall affirm that:

(1) the submitted voting system complies with all applicable rules adopted by the State Board, and with all applicable 2005 Federal Voting System Guidelines not inconsistent with State law or these regulations, and is suitable for use by voters;

(2) the vendor will quote and provide a statewide, uniform price for each unit of the voting system's equipment; and

(3) the submitted voting system's software does not contain any code, procedures or other material (including but not limited to 'viruses', 'worms', 'time bombs', and 'drop dead' devices that may cause the voting system to cease functioning at a future time), which may disable, damage, disarm or otherwise affect the proper operation of the voting system, any hardware, or any computer system or other property of the State Board or county board;

(4) any submitted voting system provides methods through security seals or device locks to physically secure against attempts to interfere with correct system operations. Such physical security shall guard access to machine panels, doors, switches, slots, ports, peripheral devices, firmware, and software.

(i) All vendors shall submit with their application forms, information regarding past or pending court cases involving their voting systems or its major components, any evidence of fraud, faulty systems, or failure to correct past problems.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6209.4