STATE OF NEW YORK
________________________________________________________________________
1942
2009-2010 Regular Sessions
IN ASSEMBLY
January 14, 2009
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to secure electronic
voting machines and software
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative declaration. The legislature hereby declares
2 that no electronic voting system shall at any time contain or use any
3 undisclosed software. Any voting system containing or using software
4 shall disclose the source code, object code, and executable represen-
5 tation of that software to the state board of elections, and such board
6 shall make that source code, object code, and executable representation
7 available for inspection upon request to any local election board.
8 § 2. Section 7-202 of the election law is amended by adding a new
9 subdivision 5 to read as follows:
10 5. No electronic voting system shall be used in an election for state
11 office unless the manufacturer of such system meets the following
12 requirements:
13 a. The manufacturer shall conduct background checks on individuals who
14 are programmers and developers before such individuals work on any soft-
15 ware used in connection with the electronic voting system.
16 b. The manufacturer shall document the chain of custody for the handl-
17 ing of software used in connection with the electronic voting system.
18 c. The manufacturer shall ensure that any software used in connection
19 with the electronic voting system is not transferred over the internet.
20 d. The manufacturer shall provide the codes used in any software used
21 in connection with the electronic voting system to the state board of
22 elections and may not alter such codes once certification has occurred
23 unless such system is recertified.
24 e. The manufacturer shall implement procedures to ensure internal
25 security, as required by the state board of elections.
26 f. The manufacturer shall meet such other requirements as may be
27 established by the state board of elections.
28 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05382-01-9
