N.Y. Comp. Codes R. & Regs. tit. 9 § 6212.3

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

Section 6212.3 - Initiating the process

(a) Before purchasing any equipment to be used to create a computer registration file and/or to produce registration poll lists, contracting for service to be rendered in connection with that process, or embarking on the conversion of the existing records, the county board shall submit to the State Board of Elections:

(1) A statement of goals and intentions for the creation of a computer registration file which will include a signature facsimile for each voter and from which registration poll lists can be produced to replace registration poll records at the polling place on election day.

(2) A copy of any proposed solicitation document (Invitation to Bid, Request for Proposal, etc.) to be published and circulated for the purpose of procuring goods and services. The document shall include a draft schedule for conversion of the existing records which is consistent with the demands of the election calendar during the period of conversion and shall require the following:

(i) training of all personnel needed for creation of the file and for operation of the system to be purchased;

(ii) reference materials for use by staff after the training has been completed;

(iii) detailed specifications for all hardware;

(iv) complete documentation for all software;

(v) escrow of all software with an agent approved by the State Board of Elections; if software in use by a county is modified, the State Board shall be notified and the modified version along with documentation therefor shall replace the version then on deposit with the escrow agent; and

(vi) if the original voter registration records are to be removed from the board office for the purpose of creating the file, a stipulation that the vendor may not retain in his possession a copy, on any medium, of any of the original records or of information contained in the original records.

(3) If the original voter registration records are to be removed from the board office during conversion or maintenance, a written plan for guaranteeing the safety and integrity of records while they are outside the board office.

(4) A written plan for secure delivery of the registration poll lists to the polling places for use on election day and for their return to board custody following election.

(5) A written plan for replacement of a registration poll list in the event it is lost or damaged.

(b) Within 10 working days after receipt of the material specified in subdivision (a) of this section, the State Board shall either approve or disapprove of the submission and shall notify the local board of its decision. In the event of disapproval, the State Board shall specify what modifications must be made to qualify for its approval. The county board may not disseminate the solicitation document and proceed with the project until the submission is approved.

(c) Before entering into any contract for goods or services for such a computerized registration file, the county board shall submit a copy of such contract to the State Board for review. It shall contain, inter alia,the requirements of the approved solicitation document (see paragraph [a][2] of this section) and a plan for acceptance testing of the system by the county board after delivery by the vendor. (See section 6212.6 of this Part for detail of acceptance testing.) Within 10 calendar days after receipt of the proposed contract, the State Board shall complete its review and notify the county board of its approval or disapproval. In the event of disapproval, the State Board shall specify what modifications must be made to qualify for its approval. In its review, the State Board shall act expeditiously so as not to delay unnecessarily the progress of negotiations between the county board and the vendor.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6212.3