BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1929
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1929 (Gorell)
          As Amended June 28, 2012
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |74-0 |(May 29, 2012)  |SENATE: |35-0 |(August 23,    |
          |           |     |                |        |     |2012)          |
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           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, 








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            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, 








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          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 
          









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