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.begin insert Before a county may conduct a pilot program, this bill would require the county to test the program, as specified.end insert
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(5) “Top-to-bottom review” means a comprehensive and
24scientifically rigorous examination and analysis of an Internet
25voting system.
(a) Notwithstanding Section 19217 or any other
27provision of law, in order to test the viability of conducting a public
28election via the Internet a county may conduct an Internet Voting
P3 1Pilot Program under which the county may offer Internet voting
2as an additional method of voting in a local election held within
3the county, provided that all of the following are satisfied:
4(1) The county board of supervisors authorizes the county to
5conduct the program.
6(2) The election is a regularly scheduled or special county,
7municipal, or district primary or general election. A local election
8that includes a candidate for a federal or
state office or a state
9measure on the ballot is not eligible to be included in the program.
10(3) The program uses an Internet voting system that was certified
11by the Secretary of State prior to the election in the county at which
12the system is to be first used.
13(4) The Internet voting system is offered as an additional and
14supplemental method of voting, but does not replace any other
15method of voting or voting system in place within the county.
16(b) The program shall test the viability, accuracy, security,
17integrity, efficacy, accessibility, and public acceptance of an
18Internet voting system certified by the Secretary of State.
19(c) A county shall not conduct a program until after a test
20program is successfully completed in accordance with Section
214504.
(a) A county, person, or corporation owning or being
23interested in an Internet voting system may apply to the Secretary
24of State to examine and certify the Internet voting system. The
25applicant shall submit to the Secretary of State all relevant
26documentation and information requested by the Secretary of State.
27(b) Upon receiving an application to examine and certify an
28Internet voting system, the Secretary of State shall conduct a
29top-to-bottom review of the Internet voting system and report on
30its accuracy, security, integrity, efficacy, and accessibility.
The
31top-to-bottom review shall include all of the following:
32(1) Review and analysis of the Internet voting system’s
33documentation and specifications, security features, and source
34code for its software and firmware.
35(2) Red team or penetration testing to interactively analyze the
36function and performance of the Internet voting system and identify
37and document any part of the Internet voting system that may be
38vulnerable to tampering or error that could cause incorrect
39recording, tabulation, tallying, or reporting of votes or that could
40alter critical election data.
P4 1(3) Testing and observation of the Internet voting system to
2evaluate whether it is accessible to voters with disabilities and to
3voters
who require assistance in a language other than English, if
4the language is one in which a ballot or ballot materials are required
5to made available to voters.
6(4) Review of reports and available data from any independent
7examination of the Internet voting system.
8(5) Review and analysis of any available data relating to the
9deployment, implementation, and use of the Internet voting system
10in other jurisdictions.
11(c) Notwithstanding any other provision of law, if the Secretary
12of State’s report states that the Internet voting system meets the
13standards of accuracy, security, integrity, efficacy, and
14accessibility, the Internet voting system shall be deemed certified
15by the Secretary of State and may be used by a county in
16conducting
a program.
17(d) The Secretary of State shall make public the top-to-bottom
18review process and the results of each review.
(a) If a county conducts a program, the county shall
20evaluate the program and the county’s experience with the Internet
21voting system and shall report thereon to the Legislature and the
22Secretary of State. The report shall include a summary of the
23demographic information of voters who chose to use traditional
24voting methods compared to those who chose to use Internet
25voting.
26(b) A report to be submitted pursuant to subdivision (a) shall
27be submitted in compliance with Section 9795 of the Government
28Code.
(a) Before conducting a program, a county shall conduct
30a test program on a smaller scale in one or more local jurisdictions
31within the county to test the program. In order to participate in
32the test program, the governing board of the local jurisdiction
33shall, by a vote of the governing board, elect to participate in the
34test program. The participating local jurisdiction shall notify the
35voters of that jurisdiction that a test program will be conducted.
36(b) The test program shall permit a voter of a participating
37local jurisdiction, in addition to casting his or her official ballot,
38to cast a test ballot on an Internet voting system that is monitored
39by the county elections official. The test ballot shall be counted
40only for purposes of
testing the program and shall not be counted
P5 1in the election results. The county elections official, without
2compromising the secrecy of the ballot, shall determine whether
3the votes tabulated by the Internet voting system are consistent
4with votes cast on the voters’ official ballots. If the county elections
5official determines that the test program is successful, the county
6may conduct a program in accordance with Section 4501.
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