New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle V - State Board of Elections
Part 6210 - Routine Maintenance and Testing of Voting Systems, Operational Procedures, and Standards for Determining Valid Votes
Section 6210.14 - Standards for determining valid votes on direct recording electronic (DRE) equipment

Universal Citation: 9 NY Comp Codes Rules and Regs § 6210.14

Current through Register Vol. 46, No. 12, March 20, 2024

(a) A vote cast on a DRE voting device shall be the choice made by a voter, not to exceed the maximum allowable votes per race or question than the number for which the voter is eligible to vote, by pressing the appropriate sensitive area, or using an approved accessibility device to cast a vote on the DRE voting device in a manner to cause an "X", highlight or similar designation to display in the voting target position of the name of the candidate or ballot question for which the voter desires to vote, followed by the voter activating the cast vote indicator.

(b) To select a candidate or vote on a ballot question, the voter shall:

(1) press the appropriate sensitive area on the touchscreen, press the button, target area, or use an approved accessibility device to choose a candidate or vote on a ballot question for which the voter desires to vote;

(2) type on the touchscreen, or use the scrolling device to select on the screen, the letters for the name of a write-in candidate in accordance with the instructions for voting on the DRE voting system and press the appropriate place on the touchscreen or press the button to record the write-in vote in the designated write-in space;

(3) press the appropriate place on the official ballot to designate a write-in candidate and write the name of a candidate on the paper provided in the write-in candidate window; or

(4) use an approved accessibility device on an accessible voting unit to signify the voter's selection of a particular candidate or to vote on a ballot question for which the voter desires to vote.

(c) To verify selections the county board shall allow the voter in a private and independent manner to review and verify the votes selected by the voter on the ballot before the ballot is cast and counted, including the opportunity to change the ballot or correct any error before the ballot is cast and counted, including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct the error.

(d) To cast a ballot, the voter shall:

(1) press the place on the touchscreen or press the button to activate the cast ballot indicator; or

(2) use an approved accessibility device for the accessible voting unit to signify the voter's desire to cast the ballot.

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