BILL NUMBER: AB 2758	CHAPTERED  07/22/08

	CHAPTER  198
	FILED WITH SECRETARY OF STATE  JULY 22, 2008
	APPROVED BY GOVERNOR  JULY 22, 2008
	PASSED THE SENATE  JULY 3, 2008
	PASSED THE ASSEMBLY  MAY 1, 2008

INTRODUCED BY   Assembly Member Krekorian

                        FEBRUARY 22, 2008

   An act to amend Section 19103 of the Elections Code, relating to
voting systems.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2758, Krekorian. Voting systems.
   Existing law requires an exact copy of the source code for all
ballot tally software programs certified by the Secretary of State,
including all changes or modifications and new or amended versions,
to be placed in an approved escrow facility prior to its use.
Existing law prohibits the use of a voting system for an election
unless an exact copy of the ballot tally software program source
codes is placed in escrow. The Secretary of State has reasonable
access to the materials placed in escrow, under specified
circumstances. The Secretary of State may seek injunctive relief
requiring the elections officials, or any vendor or manufacturer of a
voting machine, voting system, or vote tabulating device, to comply
with these provisions and related regulations.
   This bill would require, no later than 10 business days after the
Secretary of State approves the use of a new or updated voting
system, that the vendor of the voting system cause an exact copy of
the approved source code for each component of the voting system,
including complete build and configuration instructions and related
documents for compiling the source code into object code, to be
directly transferred and deposited into an approved escrow facility.
The Secretary of State is also required to adopt regulations
regarding the definition of source code components of a voting
system, and requirements for the vendor to include specified build
and configuration instructions and documents in the material
deposited in escrow.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19103 of the Elections Code is amended to read:

   19103.  (a) No later than 10 business days after the Secretary of
State approves the use of a new or updated voting system, the vendor
of the voting system shall cause an exact copy of the approved source
code for each component of the voting system, including complete
build and configuration instructions and related documents for
compiling the source code into object code, to be transferred
directly from the United States Election Assistance Commission or the
voting system testing laboratory, which evaluated the voting system
and is accredited by the United States Election Assistance
Commission, and deposited into an approved escrow facility.
   (b) The Secretary of State shall adopt regulations relating to all
of the following:
   (1) The definition of source code components of a voting system,
including source code for all firmware and software of the voting
system. Firmware and software shall include commercial off-the-shelf
or other third-party firmware and software that is available and able
to be disclosed by the vendor of the voting system.
   (2) Specifications for the escrow facility, including security and
environmental specifications necessary for the preservation of the
voting system source codes.
   (3) Procedures for submitting voting system source codes.
   (4) Criteria for access to voting system source codes.
   (5) Requirements for the vendor to include in the materials
deposited in escrow build and configuration instructions and
documents so that a neutral third party may create, from the source
codes in escrow, executable object codes identical to the code
installed on approved voting systems.
   (c) The Secretary of State shall have reasonable access to the
materials placed in escrow, under the following circumstances:
   (1) In the course of an investigation or prosecution regarding
vote counting equipment or procedures.
   (2) Upon a finding by the Secretary of State that an escrow
facility or escrow company is unable or unwilling to maintain
materials in escrow in compliance with this section.
   (3) In order to fulfill the provisions of this chapter related to
the examination and approval of voting systems.
   (4) In order to verify that the software on a voting system,
voting machine, or vote tabulating device is identical to the
approved version.
   (5) For any other purpose deemed necessary to fulfill the
provisions of this code or Section 12172.5 of the Government Code.
   (d) The Secretary of State may seek injunctive relief requiring
the elections officials, approved escrow facility, or any vendor or
manufacturer of a voting machine, voting system, or vote tabulating
device, to comply with this section and related regulations. Venue
for a proceeding under this section shall be exclusively in
Sacramento County.
   (e) This section applies to all elections.