AB 19,
as amended, Ting. begin deleteElections: online voting. end deletebegin insertInternet Voting Pilot Program.end insert
Existing law provides for voting at polling places, by vote by mail ballot, and in mail ballot elections.begin insert Existing law prohibits a voting system from being connected to the Internet, electronically receiving or transmitting election data, or receiving or transmitting wireless communications or wireless data transfers.end insert
begin insertThis bill would establish an Internet Voting Pilot Program under which a county may offer Internet voting as an additional method of voting in a local election held within the county, provided that specified conditions apply. The pilot program would be required to test the viability, accuracy, security, integrity, efficacy, accessibility, and public acceptance of an Internet voting system.
end insertbegin insertThis bill would require the Secretary of State to certify an Internet voting system before it may be used by a county in conducting a pilot program. In order to certify the Internet voting system, this bill would require the Secretary of State to conduct a top-to-bottom review of the system and report on the system’s accuracy, security, integrity, efficacy, and accessibility.
end insertbegin insertIf a county conducts a pilot program, this bill would require the county to evaluate the program and the county’s experience with the Internet voting system and report thereon to the Legislature and the Secretary of State.
end insertThis bill would declare the intent of the Legislature to enact legislation that would require the Secretary of State to implement a pilot program whereby a county may enable voters to vote via the Internet.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertDivision 4.5 (commencing with Section 4500) is
2added to the Elections Code, to read:end insert
3
For purposes of this chapter, the following terms have
9the following meanings:
10(1) “Internet voting” means the casting of a secure and secret
11electronic ballot that is transmitted to the appropriate elections
12official using the Internet.
13(2) “Internet voting system” means a voting system that uses
14electronic ballots and allows a voter to transmit his or her voted
15electronic ballot to the appropriate elections official over the
16Internet.
17(3) “Program” means the Internet Voting Pilot Program
18authorized by this chapter.
19(4) “Top-to-bottom review” means a comprehensive and
20rigorous examination
and analysis of an Internet voting system.
(a) Notwithstanding Section 19217 or any other
22provision of law, in order to test the viability of conducting a public
23election via the Internet a county may conduct an Internet Voting
24Pilot Program under which the county may offer Internet voting
25as an additional method of voting in a local election held within
26the county, provided that all of the following are satisfied:
27(1) The county board of supervisors authorizes the county to
28conduct the program.
P3 1(2) The election is a regularly scheduled or special county,
2municipal, or district primary or general election. A local election
3that includes a candidate for a federal or state office or a state
4measure on the ballot is not eligible to be
included in the program.
5(3) The program uses an Internet voting system that was certified
6by the Secretary of State prior to the election in the county at which
7the system is to be first used.
8(4) The Internet voting system is offered as an additional and
9supplemental method of voting, but does not replace any other
10method of voting or voting system in place within the county.
11(b) The program shall test the viability, accuracy, security,
12integrity, efficacy, accessibility, and public acceptance of an
13Internet voting system certified by the Secretary of State.
(a) A county, person, or corporation owning or being
15interested in an Internet voting system may apply to the Secretary
16of State to examine and certify the Internet voting system. The
17applicant shall submit to the Secretary of State all relevant
18documentation and information requested by the Secretary of State.
19(b) Upon receiving an application to examine and certify an
20Internet voting system, the Secretary of State shall conduct a
21top-to-bottom review of the Internet voting system and report on
22its accuracy, security, integrity, efficacy, and accessibility.
23Notwithstanding any other provision of law, if the Secretary of
24State’s report states that the Internet voting system meets the
25standards of accuracy, security, integrity, efficacy, and
26accessibility, the
Internet voting system shall be deemed certified
27by the Secretary of State and may be used by a county in
28conducting a program.
29(c) The Secretary of State shall make public the top-to-bottom
30review process and the results of each review.
(a) If a county conducts a program, the county shall
32evaluate the program and the county’s experience with the Internet
33voting system and shall report thereon to the Legislature and the
34Secretary of State. The report shall include a summary of the
35demographic information of voters who chose to use traditional
36voting methods compared to those who chose to use Internet voting.
37(b) A report to be submitted pursuant to subdivision (a) shall
38be submitted in compliance with Section 9795 of the Government
39Code.
It is the intent of the Legislature to enact legislation
2that would require the Secretary of State to implement a pilot
3program whereby a county may enable voters to vote via the
4Internet.
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