AB 19 Assembly Bill

BILL NUMBER: AB 19	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2013

INTRODUCED BY   Assembly Member Ting

                        DECEMBER 3, 2012

   An act  to add Division 4.5 (commencing with Section 4500) to
the Elections Code,   relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 19, as amended, Ting.  Elections: online voting.
  Internet Voti   ng Pilot Program. 
   Existing law provides for voting at polling places, by vote by
mail ballot, and in mail ballot elections.  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.
 
   This 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.
 
   This 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. 

   If 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.  
   This 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Division 4.5 (commencing with Section
4500) is added to the Elections Code, to read:  

      DIVISION 4.5.  INTERNET VOTING


      CHAPTER 1.  INTERNET VOTING PILOT PROGRAM


   4500.  For purposes of this chapter, the following terms have the
following meanings:
   (1) "Internet voting" means the casting of a secure and secret
electronic ballot that is transmitted to the appropriate elections
official using the Internet.
   (2) "Internet voting system" means a voting system that uses
electronic ballots and allows a voter to transmit his or her voted
electronic ballot to the appropriate elections official over the
Internet.
   (3) "Program" means the Internet Voting Pilot Program authorized
by this chapter.
   (4) "Top-to-bottom review" means a comprehensive and rigorous
examination and analysis of an Internet voting system.
   4501.  (a) Notwithstanding Section 19217 or any other provision of
law, in order to test the viability of conducting a public election
via the Internet a county may conduct an Internet Voting Pilot
Program under which the county may offer Internet voting as an
additional method of voting in a local election held within the
county, provided that all of the following are satisfied:
   (1) The county board of supervisors authorizes the county to
conduct the program.
   (2) The election is a regularly scheduled or special county,
municipal, or district primary or general election. A local election
that includes a candidate for a federal or state office or a state
measure on the ballot is not eligible to be included in the program.
   (3) The program uses an Internet voting system that was certified
by the Secretary of State prior to the election in the county at
which the system is to be first used.
   (4) The Internet voting system is offered as an additional and
supplemental method of voting, but does not replace any other method
of voting or voting system in place within the county.
   (b) The program shall test the viability, accuracy, security,
integrity, efficacy, accessibility, and public acceptance of an
Internet voting system certified by the Secretary of State.
   4502.  (a) A county, person, or corporation owning or being
interested in an Internet voting system may apply to the Secretary of
State to examine and certify the Internet voting system. The
applicant shall submit to the Secretary of State all relevant
documentation and information requested by the Secretary of State.
   (b) Upon receiving an application to examine and certify an
Internet voting system, the Secretary of State shall conduct a
top-to-bottom review of the Internet voting system and report on its
accuracy, security, integrity, efficacy, and accessibility.
Notwithstanding any other provision of law, if the Secretary of State'
s report states that the Internet voting system meets the standards
of accuracy, security, integrity, efficacy, and accessibility, the
Internet voting system shall be deemed certified by the Secretary of
State and may be used by a county in conducting a program.
   (c) The Secretary of State shall make public the top-to-bottom
review process and the results of each review.
   4503.  (a) If a county conducts a program, the county shall
evaluate the program and the county's experience with the Internet
voting system and shall report thereon to the Legislature and the
Secretary of State. The report shall include a summary of the
demographic information of voters who chose to use traditional voting
methods compared to those who chose to use Internet voting.
   (b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
 
  SECTION 1.    It is 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.