§ 7-203. Voting machines; requirement of use.
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§ 7-203. Voting machines; requirement of use. 1. The board of
elections shall provide a sufficient number of voting machines to fully
equip all election districts within its jurisdiction. Such voting
machines shall be used at all general, special and primary elections
conducted pursuant to this chapter.
2. Notwithstanding any provision of law to the contrary, the state
board of elections shall establish, in accordance with subdivision four
of section 3-100 of this chapter, for each election, the minimum number
of voting machines required in each polling place and the maximum number
of voters that can vote on one voting machine. Such minimum number of
voting machines shall be based on the voting machine in use, taking into
account machine functionality and capability, including the ability to
tabulate multiple official ballots and the need for efficient and
orderly elections and, in the case of a general or special election, the
number of registered voters, excluding voters in inactive status, in the
election district or, in the case of a primary election, the number of
enrolled voters, excluding voters in inactive status, therein.
3. In the event that the board of elections shall not agree upon, or
the county shall not execute a contract or contracts for the purchase
of, the necessary voting machines, such contract or contracts shall be
awarded, made and executed by the state board of elections, in
accordance with subdivision four of section 3-100 of this chapter, on
approval of the attorney general as to form. The expense of making and
entering into such contracts, including the preparation and printing of
specifications, and also all payments for voting machines to be made
thereunder, shall be chargeable to the county, except in the city of New
York where such expense shall be chargeable to such city, and it shall
be the duty of the comptroller or other chief fiscal officer of the
county or city, as the case may be, to pay the same upon the certificate
of the officer making such contract, or upon the certificate of the
state board of elections in the event that such contract be made by it.
No provision of any charter or other law or ordinance governing the
purchase of patented articles shall be deemed to apply to the purchase
of voting machines pursuant to the provisions of this section. Nothing
in this section shall be construed to prevent the state board of
elections from distributing voting machines to boards of elections
pursuant to other provisions of this chapter without charge.
4. The board of elections may purchase voting machines for use in
demonstration and as extra machines within the county.