BILL ANALYSIS Ó AB 1929 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1929 (Gorell) As Amended June 28, 2012 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 29, 2012) |SENATE: |35-0 |(August 23, | | | | | | |2012) | ----------------------------------------------------------------- Original Committee Reference: E. & R. SUMMARY : Establishes processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections. Specifically, this bill : 1)Defines a ballot marking system as any mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking a ballot for a special absentee voter and is not connected at any time to a voting system. 2)Requires the Secretary of State (SOS) to study and adopt regulations governing the use of ballot marking systems and establishes procedures for the review and approval of ballot marking systems. 3)Permits a person or corporation owning or being interested in a ballot marking system to apply to the SOS to examine and report on its accuracy and efficiency to fulfill its purpose. Requires a vendor of such a system, upon and after submission of an application, to notify the SOS in writing of any known defect, fault, or failure of the hardware, software, or firmware of the ballot marking system or part of the system. 4)Permits the SOS to employ not more than three expert electronic technicians to assist in examining a ballot marking system. Requires the compensation of the technicians to be paid by the person or corporation submitting the system, and permits the SOS to require a deposit of sufficient funds to guarantee the payment of the examination charges. 5)Requires a vendor, upon approval of the ballot marking system, to notify the SOS and all local elections officials who use the system, of any defect, fault, or failure of the hardware, AB 1929 Page 2 software, or firmware of the system or part of the system within 30 calendar days after the vendor learns of the defect, fault, or failure. 6)Prohibits a ballot marking system approved by the SOS from being changed or modified until the SOS has been notified in writing and determined that the change or modification does not impair its accuracy and efficiency sufficient to require reexamination and re-approval. 7)Permits the SOS to seek relief, as specified, for an unauthorized change in hardware, software, or firmware or a known and undisclosed defect, fault, or failure, in a ballot marking system approved or conditionally approved in California. 8)Contains an urgency clause. The Senate amendments : 1)Eliminate the ability of any vendor of an online ballot marking system to temporarily capture and store any ballot marking data derived from the process of marking a ballot. 2)Prohibit a ballot marking system or part of the system from having the capability, including an optional capability, to use a remote server to mark a voter's selections transmitted to the server from the voter's computer via the Internet, store any voter identifiable selections on any remote server, or tabulate votes. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version approved by the Senate. FISCAL EFFECT : According to the Senate Appropriations Committee, although the costs of reviewing and testing a ballot marking system will be paid for by the vendor that submits the system, staff estimates that the SOS will likely incur costs of over $50,000 to study and adopt regulations governing the use of ballot marking systems before a vendor can submit a system for approval. The SOS will additionally incur costs for conducting hearings, AB 1929 Page 3 and examinations. AB 1929 authorizes the SOS to employ up to three expert electronic technicians, and requires their compensation to be paid by the vendor that submits the ballot marking system. COMMENTS : According to the author, "The delays caused by the current voting system disenfranchises United States citizens who are serving in the military overseas because the current voting process often does not allow ballots to be received by election offices in time to be counted. It is vital to protect the constitutional right of all U.S. citizens to vote, particularly those who are risking their lives overseas in order to protect the freedom and rights of all US citizens. By utilizing the available technology today, we can ensure that our service men and women overseas can exercise their Constitutional right as U.S. citizens. AB 1929 clarifies some of the definitions and terms within California's current election code to pave a path for a smooth implementation of a voting system that allows military overseas to electronically print their ballot and cast their vote via fax or mail. This would drastically speed up the amount of time it takes for military personnel overseas to cast their vote and ensures their votes are counted." The Senate amendments prohibit a ballot marking system or a part of a ballot marking system, as defined, from having the capability, including the optional capability, to use a remote server to mark the voter's selections transmitted to the server from the voter's computer via the Internet, to store any voter identifiable selections on any remote server, or to tabulate votes. These prohibitions ensure a voter's private information and voting selections are not stored or captured temporarily on a vendor's remote server thereby providing a greater level of security and reducing the threat of data manipulation. This bill, as amended by the Senate, is consistent with the Assembly actions. Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Nichole Becker / E. & R. / (916) 319-2094 FN: 0005027 AB 1929 Page 4