AB 19, as amended, Ting. Internet Voting 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Division 4.5 (commencing with Section 4500)
2is added to the Elections Code, to read:
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) “Red team or penetration testing” means a method of
20evaluating the security of an Internet voting system, including its
21hardware, storage devices, or software, by simulating unauthorized
22access to the Internet voting system.
23(4)
end delete
24begin insert(5)end insert “Top-to-bottom review” means a comprehensive and
25begin insert scientifically end insert rigorous examination and analysis of an Internet
26voting system.
(a) Notwithstanding Section 19217 or any other
28provision of law, in order to test the viability of conducting a public
29election via the Internet a county may conduct an Internet Voting
30Pilot Program under which the county may offer Internet voting
P3 1as an additional method of voting in a local election held within
2the county, provided that all of the following are satisfied:
3(1) The county board of supervisors authorizes the county to
4conduct the program.
5(2) The election is a regularly scheduled or special county,
6municipal, or district primary or general election. A local election
7that includes a candidate for a federal or
state office or a state
8measure on the ballot is not eligible to be included in the program.
9(3) The program uses an Internet voting system that was certified
10by the Secretary of State prior to the election in the county at which
11the system is to be first used.
12(4) The Internet voting system is offered as an additional and
13supplemental method of voting, but does not replace any other
14method of voting or voting system in place within the county.
15(b) The program shall test the viability, accuracy, security,
16integrity, efficacy, accessibility, and public acceptance of an
17Internet voting system certified by the Secretary of State.
(a) A county, person, or corporation owning or being
19interested in an Internet voting system may apply to the Secretary
20of State to examine and certify the Internet voting system. The
21applicant shall submit to the Secretary of State all relevant
22documentation and information requested by the Secretary of State.
23(b) Upon receiving an application to examine and certify an
24Internet voting system, the Secretary of State shall conduct a
25top-to-bottom review of the Internet voting system and report on
26its accuracy, security, integrity, efficacy, and accessibility.
27begin delete Notwithstandingend deletebegin insert
The top-to-bottom review shall include all of the
28following:end insert
29(1) Review and analysis of the Internet voting system’s
30documentation and specifications, security features, and source
31code for its software and firmware.
32(2) Red team or penetration testing to interactively analyze the
33function and performance of the Internet voting system and identify
34and document any part of the Internet voting system that may be
35vulnerable to tampering or error that could cause
incorrect
36recording, tabulation, tallying, or reporting of votes or that could
37alter critical election data.
38(3) Testing and observation of the Internet voting system to
39evaluate whether it is accessible to voters with disabilities and to
40voters who require assistance in a language other than English,
P4 1if the language is one in which a ballot or ballot materials are
2required to made available to voters.
3(4) Review of reports and available data from any independent
4examination of the Internet voting system.
5(5) Review
and analysis of any available data relating to the
6deployment, implementation, and use of the Internet voting system
7in other jurisdictions.
8begin insert(c)end insertbegin insert end insertbegin insertNotwithstandingend insert
any other provision of law, if the Secretary
9of State’s report states that the Internet voting system meets the
10standards of accuracy, security, integrity, efficacy, and
11accessibility, the Internet voting system shall be deemed certified
12by the Secretary of State and may be used by a county in
13conducting a program.
14(c)
end delete
15begin insert(d)end insert The Secretary of State shall make public the top-to-bottom
16review process and the results of each review.
(a) If a county conducts a program, the county shall
18evaluate the program and the county’s experience with the Internet
19voting system and shall report thereon to the Legislature and the
20Secretary of State. The report shall include a summary of the
21demographic information of voters who chose to use traditional
22voting methods compared to those who chose to use Internet
23voting.
24(b) A report to be submitted pursuant to subdivision (a) shall
25be submitted in compliance with Section 9795 of the Government
26Code.
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