New York Consolidated Laws, Election Law - ELN § 7-206. Testing of voting and ballot counting machines

1. The state board of elections shall test every voting machine of a type approved after September first, nineteen hundred eighty-six and every ballot counting machine to insure that each such machine functions properly before such machines may be used in any election in this state.

2. Such testing shall include, but not be limited to, a verification of the authenticity and integrity of the resident vote tabulation programming in open, encrypted, compiled, assembled, or any other form, in each voting machine of such types, by comparison of such resident vote tabulation programming with the programming which was in the machine of such type which was approved for use in this state and the recording of at least eight hundred votes on each such voting machine and a sufficient number of votes on each such ballot counting machine, by a method which may be mechanical or electronic, to determine if such machine accurately records such votes.

3. At least annually, the board of elections of each county in which any such voting or ballot counting machines are in use shall test each such machine in a manner prescribed by the state board of elections under conditions supervised by such state board.  Such tests shall include, but not be limited to the tests required by subdivision two of this section.

4. Upon the discovery of a discrepancy during the recanvass required by subdivision three of section 9-208 of this chapter, the ballot scanner shall be retested pursuant to 9 NYCRR 6210.2.  No ballot scanner shall be returned to service until any such discrepancy has been resolved.