19200. The Secretary of State shall not approve any voting system,
or part of a voting system, unless it fulfills the requirements of
this code and the regulations of the Secretary of State.
19200.5. The Secretary of State shall not approve any voting system
that permits a voter to exit a polling place with a facsimile of the
ballot cast by that voter at that polling place.
19201. (a) No voting system, in whole or in part, shall be used
unless it has received the approval of the Secretary of State prior
to any election at which it is to be first used.
(b) No jurisdiction may purchase or contract for a voting system,
in whole or in part, unless it has received the approval of the
Secretary of State.
19202. (a) A person or corporation owning or being interested in a
voting system or a part of a voting system may apply to the Secretary
of State to examine it and report on its accuracy and efficiency to
fulfill its purpose. As part of its application, the vendor of a
voting system or the part of a voting system shall notify the
Secretary of State in writing of any known defect, fault, or failure
of the version of the hardware, software, or firmware of the voting
system or a part of the voting system submitted. The Secretary of
State shall not begin his or her examination until he or she receives
a completed application from the vendor of the voting system or a
part of the voting system. The vendor shall also notify the Secretary
of State in writing of any defect, fault, or failure of the version
of the hardware, software, or firmware of the voting system or a part
of the voting system submitted that is discovered after the
application is submitted and before the Secretary of State submits
the report required by Section 19207. The Secretary of State shall
complete his or her examination without undue delay.
(b) After receiving a vendor's written notification of a defect,
fault, or failure, the Secretary of State shall notify the United
States Election Assistance Commission or its successor entity of the
problem as soon as practicable so as to present a reasonably complete
description of the problem. The Secretary of State shall
subsequently submit a report regarding the problem to the United
States Election Assistance Commission or its successor entity. The
report shall include any report regarding the problem submitted to
the Secretary of State by the vendor.
(c) The following definitions apply for purposes of this article:
(1) "Defect" means any flaw in the hardware or documentation of an
approved or conditionally approved voting system that could result
in a state of unfitness for use or nonconformance to the manufacturer'
s specifications.
(2) "Failure" means a discrepancy between the external results of
the operation of any software or firmware in an approved or
conditionally approved voting system and the manufacturer's product
requirements for that software or firmware.
(3) "Fault" means a step, process, or data definition in any
software or firmware in an approved or conditionally approved voting
system that is incorrect under the manufacturer's program
specification.
19203. The Secretary of State may make all arrangements for the
time and place to examine voting equipment proposed to be sold in
this state. He or she shall furnish a complete report of the findings
of the examining engineers to the Governor and the Attorney General.
19204. Prior to giving its decision approving or withholding
approval of any voting machine, voting device, or vote tabulating
device, the Secretary of State shall hold a public hearing to give
persons interested an opportunity to express their views for or
against the machine or device.
The Secretary of State shall give notice of the hearing in the
manner prescribed in Section 6064 of the Government Code in a
newspaper of general circulation published in Sacramento County. The
Secretary of State shall also transmit written notice of the hearing,
at least 30 days prior to the hearing, to each county elections
official, to any person that the Secretary of State believes will be
interested in the hearing, and to any person who requests, in
writing, notice of the hearing.
The decision of the Secretary of State, either approving or
withholding approval of a voting machine, voting device, or vote
tabulating device, shall be in writing and shall state the findings
of the secretary. The decision shall be open to public inspection.
19205. The Secretary of State shall establish the specifications
for and the regulations governing voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing. The
criteria for establishing the specifications and regulations shall
include, but not be limited to, the following:
(a) The machine or device and its software shall be suitable for
the purpose for which it is intended.
(b) The system shall preserve the secrecy of the ballot.
(c) The system shall be safe from fraud or manipulation.
19206. For the purpose of assistance in examining a voting system
the Secretary of State may employ not more than three expert
electronic technicians at a cost to be set by the Secretary of State.
The compensation of the electronic technicians shall be paid by the
person or corporation submitting the machine or device.
The Secretary of State may require the person or corporation
submitting the machine or device to deposit sufficient funds to
guarantee the payment of the examination charges. The Secretary of
State may deposit the funds in an appropriate treasury trust account
and, within 30 days after his or her report of examination, draw a
refund check to the credit of the person or corporation for any
amount in excess of costs.
19207. Within 30 days after completing the examination of any
voting system, the Secretary of State shall place on file a report
stating whether in his or her opinion the kind of voting system
examined can safely be used. The report shall also contain a written
or printed description and drawings and photographs clearly
identifying the machine or device and its mechanical operation.
19208. If the report states that the voting system can be used, it
shall be deemed approved by the Secretary of State and machines or
devices of its kind may be adopted for use at elections.
19209. Within 10 days after filing the report, the Secretary of
State shall send a copy to the board of supervisors of each county.
19210. The governing board may adopt for use at elections any kind
of voting system, any combination of voting systems, any combination
of a voting system and paper ballots, provided that the use of the
voting system or systems involved has been approved by the Secretary
of State or specifically authorized by law. The voting system or
systems may be used at any or all elections held in any county, city,
or any of their political subdivisions for voting, registering, and
counting votes cast. When more than one voting system is used to
count ballots, the names of candidates shall, insofar as possible, be
placed upon the primary voting system. When more than one voting
system or a combination of a voting system and paper ballots is used
to count ballots, a single ballot measure or the candidates for a
single office may not be split between voting systems or between a
voting system and paper ballots.
19211. The governing board, without formally adopting a system that
it might lawfully adopt, may provide for its experimental use at an
election in one or more precincts. Its use at the election is as
valid for all purposes as if it were lawfully adopted.
19212. The governing board may provide for the payment of the cost
of the voting system equipment in any manner and by any method as it
may deem for the best local interests, and also may for that purpose
issue bonds, certificates of indebtedness, or other obligations that
shall be a charge on the county or city. The bonds, certificates, or
other obligations may be issued with or without interest, payable at
any time as the authorities may determine, but shall not be issued or
sold at less than par. The governing board may enter into lease
agreements or lease-purchase agreements for the use of equipment.
19212.5. (a) When a voting system or a part of a voting system has
been approved by the Secretary of State, the vendor shall notify the
Secretary of State and all local elections officials who use the
system in writing of any defect, fault, or failure of the hardware,
software, or firmware of the voting system or a part of the voting
system within 30 calendar days after the vendor learns of the defect,
fault, or failure.
(b) Not later than January 8, 2011, the vendor of a voting system
or a part of a voting system that has been approved by the Secretary
of State prior to the effective date of this section shall notify the
Secretary of State and all local elections officials who use the
system in writing of any defect, fault, or failure of the hardware,
software, or firmware of the voting system or a part of the voting
system the vendor was aware of prior to January 1, 2011.
(c) After receiving a vendor's written notification of a defect,
fault, or failure pursuant to subdivision (a) or (b), the Secretary
of State shall notify the United States Election Assistance
Commission or its successor entity of the problem as soon as
practicable so as to present a reasonably complete description of the
problem. The Secretary of State shall subsequently submit a report
regarding the problem to the United States Election Assistance
Commission or its successor entity. The report shall include any
report regarding the problem submitted to the Secretary of State by
the vendor.
19213. When a voting system or a part of a voting system has been
approved by the Secretary of State, it shall not be changed or
modified until the Secretary of State has been notified in writing
and determined that the change or modification does not impair its
accuracy and efficiency sufficient to require a reexamination and
reapproval pursuant to this article. The Secretary of State may adopt
rules and regulations governing the procedures to be followed in
making his or her determination as to whether the change or
modification impairs accuracy or efficiency.
19214. The Secretary of State may seek injunctive and
administrative relief when a voting system or a part of a voting
system has been compromised by the addition or deletion of hardware,
software, or firmware without prior approval or is defective due to a
known hardware, software, or firmware defect, fault, or failure that
has not been disclosed pursuant to Section 19202 or 19212.5.
19214.5. (a) The Secretary of State may seek all of the following
relief for an unauthorized change in hardware, software, or firmware
in a voting system approved or conditionally approved in California:
(1) A civil penalty from the offending party or parties, not to
exceed ten thousand dollars ($10,000) per violation. For purposes of
this subdivision, each voting system component found to contain the
unauthorized hardware, software, or firmware shall be considered a
separate violation. A penalty imposed pursuant to this subdivision
shall be apportioned 50 percent to the county in which the violation
occurred, if applicable, and 50 percent to the Office of the
Secretary of State for purposes of bolstering voting systems security
efforts.
(2) Immediate commencement of proceedings to withdraw approval for
the voting system in question.
(3) Prohibiting the manufacturer or vendor of a voting system from
doing elections-related business in the state for one, two, or three
years.
(4) Refund of all moneys paid by a local agency for a voting
system or a part of a voting system that is compromised by an
unauthorized change or modification, whether or not the voting system
has been used in an election.
(5) Any other remedial actions authorized by law to prevent unjust
enrichment of the offending party.
(b) (1) The Secretary of State may seek all of the following
relief for a known but undisclosed defect, fault, or failure in a
voting system or part of a voting system approved or conditionally
approved in California:
(A) Refund of all moneys paid by a local agency for a voting
system or part of a voting system that is defective due to a known
but undisclosed defect, fault, or failure, whether or not the voting
system has been used in an election.
(B) A civil penalty from the offending party or parties, not to
exceed fifty thousand dollars ($50,000) per violation. For purposes
of this subdivision, each defect, fault, or failure shall be
considered a separate violation. A defect, fault, or failure
constitutes a single violation regardless of the number of voting
system units in which the defect, fault, or failure is found.
(C) In addition to any other penalties or remedies established by
this section, the offending party or parties shall be liable in the
amount of one thousand dollars ($1,000) per day after the applicable
deadline established in Section 19212.5 until the required disclosure
is filed with the Secretary of State.
(2) A penalty imposed pursuant to subparagraph (B) or (C) of
paragraph (1) shall be deposited in the General Fund.
(c) Prior to seeking any measure of relief under this section,
the Secretary of State shall hold a public hearing. The Secretary of
State shall give notice of the hearing in the manner prescribed by
Section 6064 of the Government Code in a newspaper of general
circulation published in Sacramento County. The Secretary of State
also shall transmit written notice of the hearing, at least 30 days
prior to the hearing, to each county elections official, the
offending party or parties, a person that the Secretary of State
believes will be interested in the hearing, and a person who
requests, in writing, notice of the hearing.
(d) The decision of the Secretary of State, to seek relief under
this section, shall be in writing and state his or her findings. The
decision shall be open to public inspection.
19215. (a) The Secretary of State may seek injunctive relief
requiring an elections official, or any vendor or manufacturer of a
voting machine, voting system, or vote tabulating device, to comply
with the requirements of this code, the regulations of the Secretary
of State, and the specifications for voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing.
(b) Venue for a proceeding under this section shall be exclusively
in Sacramento County.
19216. The Secretary of State shall not approve any voting system
that uses paper ballots unless the paper used for the ballots is of
sufficient quality that it maintains its integrity and readability
throughout the retention period specified in Chapter 4 (commencing
with Section 17300) of Division 17.
19217. A voting system shall comply with all of the following:
(a) No voting system or part of a voting system shall be connected
to the Internet at any time.
(b) No voting system or part of a voting system shall
electronically receive or transmit election data through an exterior
communication network, including the public telephone system, when
the communication originates from or terminates at a polling place,
satellite location, or counting center.
(c) No voting system or part of a voting system shall receive or
transmit wireless communications or wireless data transfers.
19200. The Secretary of State shall not approve any voting system,
or part of a voting system, unless it fulfills the requirements of
this code and the regulations of the Secretary of State.
19200.5. The Secretary of State shall not approve any voting system
that permits a voter to exit a polling place with a facsimile of the
ballot cast by that voter at that polling place.
19201. (a) No voting system, in whole or in part, shall be used
unless it has received the approval of the Secretary of State prior
to any election at which it is to be first used.
(b) No jurisdiction may purchase or contract for a voting system,
in whole or in part, unless it has received the approval of the
Secretary of State.
19202. (a) A person or corporation owning or being interested in a
voting system or a part of a voting system may apply to the Secretary
of State to examine it and report on its accuracy and efficiency to
fulfill its purpose. As part of its application, the vendor of a
voting system or the part of a voting system shall notify the
Secretary of State in writing of any known defect, fault, or failure
of the version of the hardware, software, or firmware of the voting
system or a part of the voting system submitted. The Secretary of
State shall not begin his or her examination until he or she receives
a completed application from the vendor of the voting system or a
part of the voting system. The vendor shall also notify the Secretary
of State in writing of any defect, fault, or failure of the version
of the hardware, software, or firmware of the voting system or a part
of the voting system submitted that is discovered after the
application is submitted and before the Secretary of State submits
the report required by Section 19207. The Secretary of State shall
complete his or her examination without undue delay.
(b) After receiving a vendor's written notification of a defect,
fault, or failure, the Secretary of State shall notify the United
States Election Assistance Commission or its successor entity of the
problem as soon as practicable so as to present a reasonably complete
description of the problem. The Secretary of State shall
subsequently submit a report regarding the problem to the United
States Election Assistance Commission or its successor entity. The
report shall include any report regarding the problem submitted to
the Secretary of State by the vendor.
(c) The following definitions apply for purposes of this article:
(1) "Defect" means any flaw in the hardware or documentation of an
approved or conditionally approved voting system that could result
in a state of unfitness for use or nonconformance to the manufacturer'
s specifications.
(2) "Failure" means a discrepancy between the external results of
the operation of any software or firmware in an approved or
conditionally approved voting system and the manufacturer's product
requirements for that software or firmware.
(3) "Fault" means a step, process, or data definition in any
software or firmware in an approved or conditionally approved voting
system that is incorrect under the manufacturer's program
specification.
19203. The Secretary of State may make all arrangements for the
time and place to examine voting equipment proposed to be sold in
this state. He or she shall furnish a complete report of the findings
of the examining engineers to the Governor and the Attorney General.
19204. Prior to giving its decision approving or withholding
approval of any voting machine, voting device, or vote tabulating
device, the Secretary of State shall hold a public hearing to give
persons interested an opportunity to express their views for or
against the machine or device.
The Secretary of State shall give notice of the hearing in the
manner prescribed in Section 6064 of the Government Code in a
newspaper of general circulation published in Sacramento County. The
Secretary of State shall also transmit written notice of the hearing,
at least 30 days prior to the hearing, to each county elections
official, to any person that the Secretary of State believes will be
interested in the hearing, and to any person who requests, in
writing, notice of the hearing.
The decision of the Secretary of State, either approving or
withholding approval of a voting machine, voting device, or vote
tabulating device, shall be in writing and shall state the findings
of the secretary. The decision shall be open to public inspection.
19205. The Secretary of State shall establish the specifications
for and the regulations governing voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing. The
criteria for establishing the specifications and regulations shall
include, but not be limited to, the following:
(a) The machine or device and its software shall be suitable for
the purpose for which it is intended.
(b) The system shall preserve the secrecy of the ballot.
(c) The system shall be safe from fraud or manipulation.
19206. For the purpose of assistance in examining a voting system
the Secretary of State may employ not more than three expert
electronic technicians at a cost to be set by the Secretary of State.
The compensation of the electronic technicians shall be paid by the
person or corporation submitting the machine or device.
The Secretary of State may require the person or corporation
submitting the machine or device to deposit sufficient funds to
guarantee the payment of the examination charges. The Secretary of
State may deposit the funds in an appropriate treasury trust account
and, within 30 days after his or her report of examination, draw a
refund check to the credit of the person or corporation for any
amount in excess of costs.
19207. Within 30 days after completing the examination of any
voting system, the Secretary of State shall place on file a report
stating whether in his or her opinion the kind of voting system
examined can safely be used. The report shall also contain a written
or printed description and drawings and photographs clearly
identifying the machine or device and its mechanical operation.
19208. If the report states that the voting system can be used, it
shall be deemed approved by the Secretary of State and machines or
devices of its kind may be adopted for use at elections.
19209. Within 10 days after filing the report, the Secretary of
State shall send a copy to the board of supervisors of each county.
19210. The governing board may adopt for use at elections any kind
of voting system, any combination of voting systems, any combination
of a voting system and paper ballots, provided that the use of the
voting system or systems involved has been approved by the Secretary
of State or specifically authorized by law. The voting system or
systems may be used at any or all elections held in any county, city,
or any of their political subdivisions for voting, registering, and
counting votes cast. When more than one voting system is used to
count ballots, the names of candidates shall, insofar as possible, be
placed upon the primary voting system. When more than one voting
system or a combination of a voting system and paper ballots is used
to count ballots, a single ballot measure or the candidates for a
single office may not be split between voting systems or between a
voting system and paper ballots.
19211. The governing board, without formally adopting a system that
it might lawfully adopt, may provide for its experimental use at an
election in one or more precincts. Its use at the election is as
valid for all purposes as if it were lawfully adopted.
19212. The governing board may provide for the payment of the cost
of the voting system equipment in any manner and by any method as it
may deem for the best local interests, and also may for that purpose
issue bonds, certificates of indebtedness, or other obligations that
shall be a charge on the county or city. The bonds, certificates, or
other obligations may be issued with or without interest, payable at
any time as the authorities may determine, but shall not be issued or
sold at less than par. The governing board may enter into lease
agreements or lease-purchase agreements for the use of equipment.
19212.5. (a) When a voting system or a part of a voting system has
been approved by the Secretary of State, the vendor shall notify the
Secretary of State and all local elections officials who use the
system in writing of any defect, fault, or failure of the hardware,
software, or firmware of the voting system or a part of the voting
system within 30 calendar days after the vendor learns of the defect,
fault, or failure.
(b) Not later than January 8, 2011, the vendor of a voting system
or a part of a voting system that has been approved by the Secretary
of State prior to the effective date of this section shall notify the
Secretary of State and all local elections officials who use the
system in writing of any defect, fault, or failure of the hardware,
software, or firmware of the voting system or a part of the voting
system the vendor was aware of prior to January 1, 2011.
(c) After receiving a vendor's written notification of a defect,
fault, or failure pursuant to subdivision (a) or (b), the Secretary
of State shall notify the United States Election Assistance
Commission or its successor entity of the problem as soon as
practicable so as to present a reasonably complete description of the
problem. The Secretary of State shall subsequently submit a report
regarding the problem to the United States Election Assistance
Commission or its successor entity. The report shall include any
report regarding the problem submitted to the Secretary of State by
the vendor.
19213. When a voting system or a part of a voting system has been
approved by the Secretary of State, it shall not be changed or
modified until the Secretary of State has been notified in writing
and determined that the change or modification does not impair its
accuracy and efficiency sufficient to require a reexamination and
reapproval pursuant to this article. The Secretary of State may adopt
rules and regulations governing the procedures to be followed in
making his or her determination as to whether the change or
modification impairs accuracy or efficiency.
19214. The Secretary of State may seek injunctive and
administrative relief when a voting system or a part of a voting
system has been compromised by the addition or deletion of hardware,
software, or firmware without prior approval or is defective due to a
known hardware, software, or firmware defect, fault, or failure that
has not been disclosed pursuant to Section 19202 or 19212.5.
19214.5. (a) The Secretary of State may seek all of the following
relief for an unauthorized change in hardware, software, or firmware
in a voting system approved or conditionally approved in California:
(1) A civil penalty from the offending party or parties, not to
exceed ten thousand dollars ($10,000) per violation. For purposes of
this subdivision, each voting system component found to contain the
unauthorized hardware, software, or firmware shall be considered a
separate violation. A penalty imposed pursuant to this subdivision
shall be apportioned 50 percent to the county in which the violation
occurred, if applicable, and 50 percent to the Office of the
Secretary of State for purposes of bolstering voting systems security
efforts.
(2) Immediate commencement of proceedings to withdraw approval for
the voting system in question.
(3) Prohibiting the manufacturer or vendor of a voting system from
doing elections-related business in the state for one, two, or three
years.
(4) Refund of all moneys paid by a local agency for a voting
system or a part of a voting system that is compromised by an
unauthorized change or modification, whether or not the voting system
has been used in an election.
(5) Any other remedial actions authorized by law to prevent unjust
enrichment of the offending party.
(b) (1) The Secretary of State may seek all of the following
relief for a known but undisclosed defect, fault, or failure in a
voting system or part of a voting system approved or conditionally
approved in California:
(A) Refund of all moneys paid by a local agency for a voting
system or part of a voting system that is defective due to a known
but undisclosed defect, fault, or failure, whether or not the voting
system has been used in an election.
(B) A civil penalty from the offending party or parties, not to
exceed fifty thousand dollars ($50,000) per violation. For purposes
of this subdivision, each defect, fault, or failure shall be
considered a separate violation. A defect, fault, or failure
constitutes a single violation regardless of the number of voting
system units in which the defect, fault, or failure is found.
(C) In addition to any other penalties or remedies established by
this section, the offending party or parties shall be liable in the
amount of one thousand dollars ($1,000) per day after the applicable
deadline established in Section 19212.5 until the required disclosure
is filed with the Secretary of State.
(2) A penalty imposed pursuant to subparagraph (B) or (C) of
paragraph (1) shall be deposited in the General Fund.
(c) Prior to seeking any measure of relief under this section,
the Secretary of State shall hold a public hearing. The Secretary of
State shall give notice of the hearing in the manner prescribed by
Section 6064 of the Government Code in a newspaper of general
circulation published in Sacramento County. The Secretary of State
also shall transmit written notice of the hearing, at least 30 days
prior to the hearing, to each county elections official, the
offending party or parties, a person that the Secretary of State
believes will be interested in the hearing, and a person who
requests, in writing, notice of the hearing.
(d) The decision of the Secretary of State, to seek relief under
this section, shall be in writing and state his or her findings. The
decision shall be open to public inspection.
19215. (a) The Secretary of State may seek injunctive relief
requiring an elections official, or any vendor or manufacturer of a
voting machine, voting system, or vote tabulating device, to comply
with the requirements of this code, the regulations of the Secretary
of State, and the specifications for voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing.
(b) Venue for a proceeding under this section shall be exclusively
in Sacramento County.
19216. The Secretary of State shall not approve any voting system
that uses paper ballots unless the paper used for the ballots is of
sufficient quality that it maintains its integrity and readability
throughout the retention period specified in Chapter 4 (commencing
with Section 17300) of Division 17.
19217. A voting system shall comply with all of the following:
(a) No voting system or part of a voting system shall be connected
to the Internet at any time.
(b) No voting system or part of a voting system shall
electronically receive or transmit election data through an exterior
communication network, including the public telephone system, when
the communication originates from or terminates at a polling place,
satellite location, or counting center.
(c) No voting system or part of a voting system shall receive or
transmit wireless communications or wireless data transfers.
19200. The Secretary of State shall not approve any voting system,
or part of a voting system, unless it fulfills the requirements of
this code and the regulations of the Secretary of State.
19200.5. The Secretary of State shall not approve any voting system
that permits a voter to exit a polling place with a facsimile of the
ballot cast by that voter at that polling place.
19201. (a) No voting system, in whole or in part, shall be used
unless it has received the approval of the Secretary of State prior
to any election at which it is to be first used.
(b) No jurisdiction may purchase or contract for a voting system,
in whole or in part, unless it has received the approval of the
Secretary of State.
19202. (a) A person or corporation owning or being interested in a
voting system or a part of a voting system may apply to the Secretary
of State to examine it and report on its accuracy and efficiency to
fulfill its purpose. As part of its application, the vendor of a
voting system or the part of a voting system shall notify the
Secretary of State in writing of any known defect, fault, or failure
of the version of the hardware, software, or firmware of the voting
system or a part of the voting system submitted. The Secretary of
State shall not begin his or her examination until he or she receives
a completed application from the vendor of the voting system or a
part of the voting system. The vendor shall also notify the Secretary
of State in writing of any defect, fault, or failure of the version
of the hardware, software, or firmware of the voting system or a part
of the voting system submitted that is discovered after the
application is submitted and before the Secretary of State submits
the report required by Section 19207. The Secretary of State shall
complete his or her examination without undue delay.
(b) After receiving a vendor's written notification of a defect,
fault, or failure, the Secretary of State shall notify the United
States Election Assistance Commission or its successor entity of the
problem as soon as practicable so as to present a reasonably complete
description of the problem. The Secretary of State shall
subsequently submit a report regarding the problem to the United
States Election Assistance Commission or its successor entity. The
report shall include any report regarding the problem submitted to
the Secretary of State by the vendor.
(c) The following definitions apply for purposes of this article:
(1) "Defect" means any flaw in the hardware or documentation of an
approved or conditionally approved voting system that could result
in a state of unfitness for use or nonconformance to the manufacturer'
s specifications.
(2) "Failure" means a discrepancy between the external results of
the operation of any software or firmware in an approved or
conditionally approved voting system and the manufacturer's product
requirements for that software or firmware.
(3) "Fault" means a step, process, or data definition in any
software or firmware in an approved or conditionally approved voting
system that is incorrect under the manufacturer's program
specification.
19203. The Secretary of State may make all arrangements for the
time and place to examine voting equipment proposed to be sold in
this state. He or she shall furnish a complete report of the findings
of the examining engineers to the Governor and the Attorney General.
19204. Prior to giving its decision approving or withholding
approval of any voting machine, voting device, or vote tabulating
device, the Secretary of State shall hold a public hearing to give
persons interested an opportunity to express their views for or
against the machine or device.
The Secretary of State shall give notice of the hearing in the
manner prescribed in Section 6064 of the Government Code in a
newspaper of general circulation published in Sacramento County. The
Secretary of State shall also transmit written notice of the hearing,
at least 30 days prior to the hearing, to each county elections
official, to any person that the Secretary of State believes will be
interested in the hearing, and to any person who requests, in
writing, notice of the hearing.
The decision of the Secretary of State, either approving or
withholding approval of a voting machine, voting device, or vote
tabulating device, shall be in writing and shall state the findings
of the secretary. The decision shall be open to public inspection.
19205. The Secretary of State shall establish the specifications
for and the regulations governing voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing. The
criteria for establishing the specifications and regulations shall
include, but not be limited to, the following:
(a) The machine or device and its software shall be suitable for
the purpose for which it is intended.
(b) The system shall preserve the secrecy of the ballot.
(c) The system shall be safe from fraud or manipulation.
19206. For the purpose of assistance in examining a voting system
the Secretary of State may employ not more than three expert
electronic technicians at a cost to be set by the Secretary of State.
The compensation of the electronic technicians shall be paid by the
person or corporation submitting the machine or device.
The Secretary of State may require the person or corporation
submitting the machine or device to deposit sufficient funds to
guarantee the payment of the examination charges. The Secretary of
State may deposit the funds in an appropriate treasury trust account
and, within 30 days after his or her report of examination, draw a
refund check to the credit of the person or corporation for any
amount in excess of costs.
19207. Within 30 days after completing the examination of any
voting system, the Secretary of State shall place on file a report
stating whether in his or her opinion the kind of voting system
examined can safely be used. The report shall also contain a written
or printed description and drawings and photographs clearly
identifying the machine or device and its mechanical operation.
19208. If the report states that the voting system can be used, it
shall be deemed approved by the Secretary of State and machines or
devices of its kind may be adopted for use at elections.
19209. Within 10 days after filing the report, the Secretary of
State shall send a copy to the board of supervisors of each county.
19210. The governing board may adopt for use at elections any kind
of voting system, any combination of voting systems, any combination
of a voting system and paper ballots, provided that the use of the
voting system or systems involved has been approved by the Secretary
of State or specifically authorized by law. The voting system or
systems may be used at any or all elections held in any county, city,
or any of their political subdivisions for voting, registering, and
counting votes cast. When more than one voting system is used to
count ballots, the names of candidates shall, insofar as possible, be
placed upon the primary voting system. When more than one voting
system or a combination of a voting system and paper ballots is used
to count ballots, a single ballot measure or the candidates for a
single office may not be split between voting systems or between a
voting system and paper ballots.
19211. The governing board, without formally adopting a system that
it might lawfully adopt, may provide for its experimental use at an
election in one or more precincts. Its use at the election is as
valid for all purposes as if it were lawfully adopted.
19212. The governing board may provide for the payment of the cost
of the voting system equipment in any manner and by any method as it
may deem for the best local interests, and also may for that purpose
issue bonds, certificates of indebtedness, or other obligations that
shall be a charge on the county or city. The bonds, certificates, or
other obligations may be issued with or without interest, payable at
any time as the authorities may determine, but shall not be issued or
sold at less than par. The governing board may enter into lease
agreements or lease-purchase agreements for the use of equipment.
19212.5. (a) When a voting system or a part of a voting system has
been approved by the Secretary of State, the vendor shall notify the
Secretary of State and all local elections officials who use the
system in writing of any defect, fault, or failure of the hardware,
software, or firmware of the voting system or a part of the voting
system within 30 calendar days after the vendor learns of the defect,
fault, or failure.
(b) Not later than January 8, 2011, the vendor of a voting system
or a part of a voting system that has been approved by the Secretary
of State prior to the effective date of this section shall notify the
Secretary of State and all local elections officials who use the
system in writing of any defect, fault, or failure of the hardware,
software, or firmware of the voting system or a part of the voting
system the vendor was aware of prior to January 1, 2011.
(c) After receiving a vendor's written notification of a defect,
fault, or failure pursuant to subdivision (a) or (b), the Secretary
of State shall notify the United States Election Assistance
Commission or its successor entity of the problem as soon as
practicable so as to present a reasonably complete description of the
problem. The Secretary of State shall subsequently submit a report
regarding the problem to the United States Election Assistance
Commission or its successor entity. The report shall include any
report regarding the problem submitted to the Secretary of State by
the vendor.
19213. When a voting system or a part of a voting system has been
approved by the Secretary of State, it shall not be changed or
modified until the Secretary of State has been notified in writing
and determined that the change or modification does not impair its
accuracy and efficiency sufficient to require a reexamination and
reapproval pursuant to this article. The Secretary of State may adopt
rules and regulations governing the procedures to be followed in
making his or her determination as to whether the change or
modification impairs accuracy or efficiency.
19214. The Secretary of State may seek injunctive and
administrative relief when a voting system or a part of a voting
system has been compromised by the addition or deletion of hardware,
software, or firmware without prior approval or is defective due to a
known hardware, software, or firmware defect, fault, or failure that
has not been disclosed pursuant to Section 19202 or 19212.5.
19214.5. (a) The Secretary of State may seek all of the following
relief for an unauthorized change in hardware, software, or firmware
in a voting system approved or conditionally approved in California:
(1) A civil penalty from the offending party or parties, not to
exceed ten thousand dollars ($10,000) per violation. For purposes of
this subdivision, each voting system component found to contain the
unauthorized hardware, software, or firmware shall be considered a
separate violation. A penalty imposed pursuant to this subdivision
shall be apportioned 50 percent to the county in which the violation
occurred, if applicable, and 50 percent to the Office of the
Secretary of State for purposes of bolstering voting systems security
efforts.
(2) Immediate commencement of proceedings to withdraw approval for
the voting system in question.
(3) Prohibiting the manufacturer or vendor of a voting system from
doing elections-related business in the state for one, two, or three
years.
(4) Refund of all moneys paid by a local agency for a voting
system or a part of a voting system that is compromised by an
unauthorized change or modification, whether or not the voting system
has been used in an election.
(5) Any other remedial actions authorized by law to prevent unjust
enrichment of the offending party.
(b) (1) The Secretary of State may seek all of the following
relief for a known but undisclosed defect, fault, or failure in a
voting system or part of a voting system approved or conditionally
approved in California:
(A) Refund of all moneys paid by a local agency for a voting
system or part of a voting system that is defective due to a known
but undisclosed defect, fault, or failure, whether or not the voting
system has been used in an election.
(B) A civil penalty from the offending party or parties, not to
exceed fifty thousand dollars ($50,000) per violation. For purposes
of this subdivision, each defect, fault, or failure shall be
considered a separate violation. A defect, fault, or failure
constitutes a single violation regardless of the number of voting
system units in which the defect, fault, or failure is found.
(C) In addition to any other penalties or remedies established by
this section, the offending party or parties shall be liable in the
amount of one thousand dollars ($1,000) per day after the applicable
deadline established in Section 19212.5 until the required disclosure
is filed with the Secretary of State.
(2) A penalty imposed pursuant to subparagraph (B) or (C) of
paragraph (1) shall be deposited in the General Fund.
(c) Prior to seeking any measure of relief under this section,
the Secretary of State shall hold a public hearing. The Secretary of
State shall give notice of the hearing in the manner prescribed by
Section 6064 of the Government Code in a newspaper of general
circulation published in Sacramento County. The Secretary of State
also shall transmit written notice of the hearing, at least 30 days
prior to the hearing, to each county elections official, the
offending party or parties, a person that the Secretary of State
believes will be interested in the hearing, and a person who
requests, in writing, notice of the hearing.
(d) The decision of the Secretary of State, to seek relief under
this section, shall be in writing and state his or her findings. The
decision shall be open to public inspection.
19215. (a) The Secretary of State may seek injunctive relief
requiring an elections official, or any vendor or manufacturer of a
voting machine, voting system, or vote tabulating device, to comply
with the requirements of this code, the regulations of the Secretary
of State, and the specifications for voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing.
(b) Venue for a proceeding under this section shall be exclusively
in Sacramento County.
19216. The Secretary of State shall not approve any voting system
that uses paper ballots unless the paper used for the ballots is of
sufficient quality that it maintains its integrity and readability
throughout the retention period specified in Chapter 4 (commencing
with Section 17300) of Division 17.
19217. A voting system shall comply with all of the following:
(a) No voting system or part of a voting system shall be connected
to the Internet at any time.
(b) No voting system or part of a voting system shall
electronically receive or transmit election data through an exterior
communication network, including the public telephone system, when
the communication originates from or terminates at a polling place,
satellite location, or counting center.
(c) No voting system or part of a voting system shall receive or
transmit wireless communications or wireless data transfers.
