BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   April 23, 2013

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                      AB 19 (Ting) - As Amended:  April 16, 2013
           
          SUBJECT  :   Internet Voting Pilot Program.

           SUMMARY  :   Establishes processes and procedures for an Internet  
          Voting Pilot Program.  Specifically,  this bill  :  

          1)Defines the following terms for the purpose of this bill:

             a)   "Internet voting" to mean the casting of a secure and  
               secret electronic ballot that is transmitted to the  
               appropriate elections official using the Internet;

             b)   "Internet voting system" to mean 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;

             c)   "Program" to mean the Internet Voting Pilot Program  
               authorized by this bill; 

             d)   "Red team or penetration testing" to mean a method of  
               evaluating the security of an Internet voting system,  
               including its hardware, storage devices, or software, by  
               simulating unauthorized access to the Internet voting  
               system; and,

             e)   "Top-to-bottom review" to mean a comprehensive and  
               scientifically rigorous examination and analysis of an  
               Internet voting system.

          2)Permits a county, in order to test the viability of conducting  
            a public election via the Internet, to 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 if all of the following are satisfied:

             a)   The county board of supervisors authorizes the county to  
               conduct the program;

             b)   The election is a regularly scheduled or special county,  







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               municipal, or district primary or general election.   
               Provides that 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;

             c)   The program uses an Internet voting system that was  
               certified by the Secretary of State (SOS) prior to the  
               election in the county at which the system is to be first  
               used; and,

             d)   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.

          3)Requires the program to test the viability, accuracy,  
            security, integrity, efficacy, accessibility, and public  
            acceptance of an Internet voting system certified by the SOS.

          4)Permits a county, person, or corporation owning or being  
            interested in an Internet voting system to apply to the SOS to  
            examine and certify the Internet voting system.  Requires the  
            applicant to submit to the SOS all relevant documentation and  
            information required by the SOS.

          5)Requires the SOS, upon receiving an application to examine and  
            certify an Internet voting system, to conduct a top-to-bottom  
            review of the Internet voting system and report on its  
            accuracy, security, integrity, efficacy, and accessibility.   
            Provides that if the SOS's report states that the Internet  
            voting system meets the standards of accuracy, security,  
            integrity, efficacy, and accessibility, then the Internet  
            voting system is deemed to be certified by the SOS and may be  
            used by a county in conducting a program.

          6)Requires the top-to-bottom review to include all of the  
            following:

             a)   Review and analysis  of the Internet voting system's  
               documentation and specifications, security features, and  
               source code for its software and firmware;

             b)   Red team or penetration testing to interactively analyze  
               the function and performance of the Internet voting system  
               and identify and document any part of the Internet voting  







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               system that may be vulnerable to tampering or error that  
               could cause incorrect recording, tabulation, tallying, or  
               reporting of votes or that could alter critical election  
               data;

             c)   Testing and observation of the Internet voting system to  
               evaluate whether it is accessible to voters with  
               disabilities and to voters who require assistance in a  
               language other than English, if the language is one in  
               which a ballot or ballot materials are required to be made  
               available to voters;

             d)   Review of reports and available data from any  
               independent examination of the Internet voting system; and,  


             e)   Review and analysis of any available data relating to  
               the deployment, implementation, and use of the Internet  
               voting system in other jurisdictions.

          7)Requires the SOS to make the top-to-bottom review process and  
            the results of each review public. 

          8)Requires a county that conducts a program to evaluate the  
            program and the county's experience with the Internet voting  
            system and report thereon to the Legislature and the SOS.   
            Requires the report to 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.   
            Requires the report to be submitted in accordance with  
            specified provisions of existing law.

           EXISTING LAW  :

          1)Defines a "voting system" as any mechanical,  
            electromechanical, or electronic system and its software, or  
            any combination of these used to cast or tabulate votes, or  
            both.
          2)Prohibits a voting system or part of a voting system from  
            being connected to the Internet at any time, or from  
            electronically receiving or transmitting election data through  
            an exterior communication network, including public telephone  
            system, when the communication originates from or terminates  
            at a polling place, satellite location, or counting center; or  
            from receiving or transmitting wireless communications or  







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            wireless data transfers.

          3)Prohibits a voting system, in whole or in part, from being  
            used unless it has received the approval of the SOS prior to  
            any election at which it is to be first used.

          4)Prohibits a jurisdiction from purchasing or contracting for a  
            voting system, in whole or in part, unless it has received the  
            approval of the SOS.  

          5)Permits a person or corporation owning or being interested in  
            a voting system or a part of a voting system to apply to the  
            SOS to examine it and report on its accuracy and efficiency to  
            fulfill its purpose.  

          6)Requires the SOS to study and adopt regulations and  
            specifications governing the use of voting machines, voting  
            devices, vote tabulating devices, and ballot marking systems  
            and any software used for each, including the programs and  
            procedures for vote tabulating and testing.  Requires the  
            criteria for establishing the specifications and regulations  
            to include, but not be limited to, the following:

             a)   Requires the machine or device, and its software, to be  
               suitable for the purpose for which it is intended;

             b)   Requires the system to preserve the secrecy of the  
               ballot; and, 

             c)   Requires the system to be safe from fraud or  
               manipulation.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Purpose of the Bill  :  According to the author:

               As voters grow accustomed to a world in which they complete  
               more and more personal and business tasks over the  
               internet, including voter registration, it is  
               counterintuitive that they cannot use the internet to  
               participate in the electoral process.  In a December, 2012,  
               USA TODAY/Ipsos poll of non-voters which asked what  
               policies would have encouraged them to participate in the  







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               election, 28% responded that being able to vote online  
               would help - the top response cited.  In addition to  
               encouraging voter turnout, online voting systems offer many  
               benefits to voters that traditional polling place and mail  
               systems do not provide, such as the ability to signal to  
               voters if they make an error in marking their ballot that  
               would have disqualified it from being counted.  In a state  
               as diverse as California, it would allow for ballots to be  
               seamlessly translated into any language, improving access  
               for all citizens.

               Many other states are exploring how technology can improve  
               voting efficiencies.  West Virginia ran a successful online  
               voting pilot program in 2010 with 80% of eligible voters  
               participating in the election, compared to an overall  
               statewide turnout rate of 23%.  Colorado has also passed  
               legislation to develop a pilot program, and six other  
               states - Arizona, Connecticut, Hawaii, Illinois, New  
               Jersey, and New York are considering online voting pilot  
               programs this year.  

               AB 19 would create a pilot program authorizing counties to  
               conduct a local election through an online voting system.   
               This pilot program would allow counties to utilize secure  
               voting systems with a goal of improving Election Day  
               efficiencies, as well as promoting increased access to and  
               participation in the democratic process.

           2)New Online Voting System  : The change to current law this bill  
            proposes is a major departure from what currently constitutes  
            a voting system.  Under current law, no voting system or part  
            of a voting system may be connected to the Internet at any  
            time.  This bill would fundamentally change that by allowing  
            the use of an Internet voting system.  This measure  
            establishes processes and procedures for the use of an  
            Internet Voting Pilot Program.  Specifically, this bill sets  
            up a process whereby an Internet voting system that is tested  
            and certified by the SOS, and subsequently authorized by a  
            county board of supervisors, could be used as a method of  
            voting in a local election.  A system, like the one described  
            above, is not currently allowed for use in California  
            elections.

           3)What is an Internet or Online Voting System  ?  According to the  
            U.S. Election Assistance Commission's September 2011 report  







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            entitled, "A Survey on Internet Voting," the term "Internet  
            voting" is used to refer to many different methods, or  
            channels, of voting.  What the channels have in common is the  
            use of the communications connectivity and protocols by the  
            Internet.  The report classifies Internet voting as a subset  
            of electronic voting.  For the purposes of their study, an  
            Internet voting system was defined as any system where the  
            voter's ballot selections are transmitted over the Internet  
            from a location other than a polling place to the entity  
            conducting the election.  Consequently, the term "remote  
            electronic voting" is often used as a synonym.  

          The report states that the remote voting location can be either  
            a controlled or an uncontrolled voting environment.  It  
            defines a controlled environment to mean a situation where the  
            voting platform, such as the computer used for voting, was  
            supplied by and under the control of the entity conducting the  
            election.  Additionally, the report describes an uncontrolled  
            environment to mean a situation where the voter supplies the  
            computer used for voting, which may be the voter's personal  
            computer, workplace computer, or any other public computer.  

          According to the survey, there are two forms in which a voter's  
            ballot selections can be returned - electronic ballot return,  
            where the entire ballot document, including the voter's  
            selections, are transmitted, or vote data return, where only  
            the voter's selections are transmitted.  Furthermore, the  
            survey describes that there are three channels, or methods,  
            for electronic ballot return: a web-based communications  
            application which uploads a digital representation of a voted  
            ballot (i.e. pdf or jpeg) file to a website, a digital  
            facsimile, where a voter's ballot is scanned and transmitted  
            as a graphics file, and, email, where a digital representation  
            (i.e. pdf or jpeg) of a voter's ballot is transmitted via  
            email.  

          In addition, their survey outlines three methods for  
            presentation of the ballot and vote data return.  They include  
            a web browser or computer application which the voter executes  
            to display the ballot, record selections and transmit  
            selections, a direct recording electronic (DRE) device or  
            kiosk connected to the Internet to transmit vote data, and a  
            Voting Over Internet Protocol approach for the voter to access  
            the ballot, record selections and transmit selections. 
           







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           4)California Internet Voting Task Force  :  In 1999, Secretary of  
            State Bill Jones convened the California Internet Task Force  
            to study the feasibility of using the Internet to conduct  
            elections in California.  The goal of the Task Force, which  
            was comprised of more than two dozen experts in the field of  
            data security and elections and voter participation, was to  
            examine the feasibility of Internet voting and develop a  
            report that included recommendations, analysis, and suggested  
            technical requirements.  The Task Force issued a final report  
            in 2000.  According to the report, the implementation of  
            Internet voting would allow increased access to the voting  
            process for millions of potential voters who do not regularly  
            participate in our elections.   However, the Task Force  
            concluded that technological threats to security, integrity,  
            and secrecy of Internet ballots are significant and very real.  
             Among the recommendations provided by the Task Force, was  
            that the election process would be best served by a strategy  
            of evolutionary rather than revolutionary change.  The report  
            states that the implementation of Internet voting will be a  
            complex undertaking with no room for error.  Consequently, the  
            Task Force recommended a phased-in approach that will allow  
            for the gradual testing of various components of technology to  
            authenticate voters and provide secure and secret ballots.   
            Other recommendations included ensuring Internet voting would  
            serve as a supplement to, not a replacement of, traditional  
            paper-based voting, be accessible to all voters, and ensure  
            there is large public support otherwise large levels of  
            skepticism may compromise the fundamental trust in the  
            democratic process.

          The definitions of an Internet voting system and Internet voting  
            as proposed by this bill are substantially similar to the  
            recommended definitions outlined in the Task Force's report

           5)Past Voting System Mishaps  :  In 2002, DRE devices were  
            certified for use in California.  DREs are paperless,  
            electronic voting systems that electronically process and  
            store all election data.  Many DREs, though not all, use  
            electronic touch screens.  Due to the way in which DREs  
            functioned, a voter would have no way of verifying whether or  
            not the voting system was correctly recording his or her  
            votes.  For example, the machine could be displaying one  
            candidate's name on the screen while mistakenly or maliciously  
            storing another candidate's name on the official electronic  
            record as the voter's choice.  According to a Caltech/MIT  







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            Voting Project's 2012 report, because of these concerns,  
            various studies were done and a number of teams examined the  
            voting systems' software and found that although no overtly  
            malicious code was found, the systems were so poorly  
            engineered that they exhibited a high risk of compromise.   
            Furthermore, the report states that other studies that  
            followed showed how the systems could be controlled by  
            malicious parties and infected by viruses.  

          In 2004, in an effort to enhance voter confidence and ensure  
            every vote cast is counted, Secretary of State Kevin Shelley  
            decertified DREs, requiring the vendor to retest and recertify  
            its equipment.  Shortly after, Governor Schwarzenegger signed  
            legislation requiring all touch screen electronic voting  
            machines to produce voter-verified paper audit trails of  
            electronic ballots to verify that the voter's preferences were  
            accurately recorded. 

           6)History of Top-to-Bottom Review (TTBR)  :  In 2007, the  
            Secretary of State Debra Bowen conducted a TTBR of many of the  
            voting systems certified for use in California. The review,  
            led by computer scientists from the University of California,  
            was launched in response to years-long serious, yet unresolved  
            questions, about voting system reliability, security, and  
            transparency.  The reliance on proprietary source code for  
            electronic voting systems precluded open, public examination  
            of the entirety of voting systems and many questioned the  
            ability of these voting systems to protect the security of the  
            vote.  Consequently, the TTBR was designed to restore the  
            public's confidence in the integrity of the electoral process  
            and to ensure that California voters cast their ballots on  
            machines that are secure, accurate, reliable, and accessible.   
            On August 3, 2007, following the TTBR, Secretary Bowen  
            released the results of the TTBR and issued decertification  
            and recertification orders for the three voting systems  
            subjected to the review and strengthened the security  
            requirements and use conditions for certain systems. 

            In short, computer scientists discovered, documented, and  
            demonstrated source code and security vulnerabilities that  
            called into question the security of the voting systems.  The  
            review cast doubt on the ability to prevent exploitation of  
            these vulnerabilities, or detect after the fact that these  
            vulnerabilities had been exploited, to manipulate voting  
            systems in ways that could affect the outcome of an election.   







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            Moreover, the review found that malicious software code might  
            propagate throughout an entire voting system, including  
            infecting the central tabulation system.  Based on those  
            findings, the SOS decertification and recertification orders  
            restricted the number of DRE voting units that could be used  
            at a polling place to one for certain voting systems.  The use  
            of one DRE per polling place was permitted so that elections  
            officials could comply with state and federal accessibility  
            requirements.  Additionally, the SOS imposed new security  
            measures on all systems to limit and prevent exploitation of  
            voting system source code vulnerabilities.  Moreover, with the  
            collaboration of county elections officials and voting system  
            vendors, new use procedures were developed to ensure  
            consistent, uniform implementation of security measures.   
            Finally, new, more stringent post-election auditing  
            requirements of results produced by the voting systems  
            examined in the review were put in place to ensure that  
            tampering or errors did not produce incorrect outcomes in  
            close contests.  

            After the TTBR, California's voting system testing and  
            approval processes were modified to be consistent with and  
            include practices and procedures employed in the TTBR.  Any  
            new voting system brought forward for approval is now subject  
            to a testing and approval process that incorporates the  
            protocols for source code review in the TTBR.

           7)District of Columbia Pilot and Other Security Breaches  :  Many  
            computer scientists and cyber security experts and documented  
            studies and reports, generally conclude that the current  
            architecture of the Internet and the variety of ways in which  
            its security can be compromised, pose a significant threat and  
            risk to Internet voting systems.  A recent example of the  
            vulnerabilities of today's technology can be illustrated by  
            the hack on a pilot Internet voting project in Washington D.C.  
             The Internet voting pilot project was intended to allow  
            overseas absentee voters to cast their ballots using a  
            website. Prior to deploying the system in the general  
            election, Washington D.C elections officials held a unique  
            public mock trial during which anyone was invited to test the  
            system or attempt to compromise its security.  Within 48 hours  
            of the system going live, a team of computer scientists from  
            the University of Michigan hacked into the system, gained  
            near-complete control of the election server, successfully  
            changed votes that had already been cast, retrieved voter  







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            identity passwords, and more.  The attack went undected for  
            nearly two days.  

          In addition, recent security breaches have occurred at a variety  
            of large, sophisticated corporations, like Google and  
            Facebook.  Reports indicate that the attack on Google targeted  
            email accounts and the perpetrators stole critical assets,  
            like its source code.  Moreover, as many as two dozen other  
            companies were targeted with similar attacks and intrusions.   
            However, not only private corporations, but government  
            entities have been vulnerable to attacks.  FBI Director Robert  
            Mueller said in 2010 that "hackers actively target our  
            government networks.  They seek out technology, our  
            intelligence and our intellectual property." 

           8)Types of Attacks  : As mentioned above, both public and private  
                                                                             entities are susceptible to attacks via the Internet.  Experts  
            say they can happen by anyone, anywhere in the world who has a  
            computer and an Internet connection.   According to various  
            studies and reports, Internet voting systems can be vulnerable  
            to a variety of different attacks.  The most common attacks  
            include, but are not limited to, denial of service, Trojan  
            horse viruses, malware, website spoofing, and phishing.   
            Depending on the attack a variety of outcomes can result, all  
            of which could compromise the integrity of the election. 

          Furthermore, scientists at the National Institute of Standards  
            and Technology (NIST), the technical advisors to the EAC, have  
            been conducting research into the use of electronic  
            technologies to support military and overseas voting,  
            including casting ballot over the Internet.  In a 2008 report,  
            NIST analyzed the use of several electronic technologies for  
            different aspects of the absentee voting process.  Their  
            research concluded that widely-deployed security technologies  
            and procedures could help mitigate risks associated with  
            electronic ballot delivery, however the risks associated with  
            casting ballots over the Internet were more serious and  
            challenging to overcome. Moreover, a more recent 2011 NIST  
            study concluded that malware on voters' personal computers  
            poses a serious threat that could compromise the secrecy or  
            integrity of voters' ballots.  Additionally, NIST concluded  
            that the United States currently lacks a public infrastructure  
            for secure electronic voter authentication and recommended  
            that additional research and development is needed to overcome  
            these challenges before secure Internet voting will be  







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            feasible.  

           9)Secretary of State's Review Process  :  As mentioned above, this  
            bill permits the use of a new type of system that has never  
            been used in California.  Consequently, new testing and  
            certification protocols and procedures will need to be  
            developed to ensure the system is appropriately tested and  
            examined.  This bill attempts to address those issues by  
            listing broad terms that the SOS's TTBR must include, such as  
            testing its accuracy, security, integrity, efficacy, and  
            accessibility.  Additionally, the bill incorporates some  
            testing features from the 2007 TTBR as part of its review  
            process for an Internet voting system.  Despite all of these  
            requirements, the bill does not include specific safeguards or  
            safety measures to protect a voter's private information and  
            voting selections.  For example, the bill does not prohibit  
            any vendor of an Internet voting system from capturing or  
            storing any voter information or ballot selection data derived  
            from the process of marking and transmitting the ballot.  As a  
            result, any and all data could be permanently stored, and  
            could theoretically be vulnerable to manipulation.  In  
            addition, the bill does not contain any requirements for  
            encryption, security, or other safeguards to protect against  
            the information being intercepted during transmission.

          Conversely, because the definition of an Internet voting system,  
            as defined by this bill, falls within the definition of a  
            voting system, the system would be subject to existing laws  
            for approval by the SOS.  As such, the SOS would have the  
            authority to establish specifications for, and regulations  
            governing, the Internet voting system to ensure it  
            accomplishes the purpose for which it is intended, preserves  
            the secrecy of the ballot, and ensures the system contains  
            safeguards to protect from fraud and manipulation.   
            Furthermore, if an Internet voting system does not meet the  
            SOS's requirements, it will not be approved for use in the  
            Internet Voting Pilot Program.  To clarify this, the committee  
            may wish to amend the bill to explicitly state that an  
            Internet voting system constitutes a voting system as defined  
            by existing law, and therefore is subject to all existing laws  
            pertaining to voting systems.

           10)Federal Testing  :  As mentioned above, current law requires a  
            voting system and any modification to a voting system to be  
            approved by the SOS before it can be used in any elections.   







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            Additionally, electronic voting systems must be certified at  
            the federal level by the EAC before they can be submitted to  
            the SOS's office for review.  When a voting system is brought  
            to California for review, the SOS conducts a thorough  
            examination and review of the proposed system that includes: a  
            review of the application and documentation, end-to-end  
            functional examination and testing, volume testing under  
            election-like conditions of all voting devices used by the  
            voter, security testing that includes a full source code  
            review and penetration testing, accessibility examination and  
            testing, a public hearing and public comment period.  The  
            SOS's review process is designed to augment, not duplicate the  
            EAC review and approval process.  However, neither the state  
            nor federal standards include requirements to test and certify  
            Internet voting systems. 

          With the desire and goal to improve the voting process for  
            military and overseas voters, the EAC was directed to create  
            electronic absentee voting guidelines.  In response to that  
            directive, it conducted a study to collect information about  
            experiences of other countries that used Internet voting and  
            Internet voting projects in the US.  The goal of the research  
            was to collect, understand, and present information that may  
            be helpful in developing and establishing the guidelines.   
            Consequently, the report explicitly states that EAC does not  
            endorse, approve, or disapprove of any project or system  
            discussed.  The report presented a broad review of the  
            Internet voting systems used in elections from January 2000  
            through November 2011.  Among other information provided the  
            report points out that currently there is no single  
            comprehensive federal standard in place for developing and  
            testing Internet voting systems.  Previous pilot programs drew  
            heavily from a variety of guidelines, standards, and best  
            practices to develop and implement Internet voting systems,  
            but the majority of the systems were not developed or tested  
            to a single standard.   Since no comprehensive federal  
            standards are in place for testing and approving an Internet  
            voting system, it is unclear how the testing and certification  
            process would work for an Internet voting system in  
            California.  Furthermore, it may be premature to allow an  
            Internet voting system for use in a local election until a  
            single standard is developed.  

           11)Transparency  :  From a voting security standpoint one of the  
            things that stands out is the need for transparency and  







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            verifiability of election outcomes.  State and federal voting  
            system testing and certification helps ensure voting systems  
            used can mark and tally ballots accurately and securely, while  
            protecting the voter's privacy. However, critics argue that  
            front-end regulation and testing isn't enough and election  
            audits must be included to help ensure the integrity of  
            election outcomes.  Consequently, one of the outcomes of the  
            TTBR was the inclusion of new and more stringent post-election  
            auditing requirements to ensure that tampering or errors did  
            not produce incorrect outcomes in close contests.  One way in  
            which a post-election audit can be accomplished is by  
            hand-counting a large random sample of cast paper ballots  
            until a sufficient level of statistical confidence is  
            established.  Existing law requires an elections official,  
            during the official canvass of every election in which a  
            voting system is used, to conduct a public manual tally of  
            ballots tabulated by those voting systems, including vote by  
            mail ballots, cast in one percent of the precincts chosen at  
            random by the elections official.  

          Election audits, aside from providing confidence in the election  
            results, also provide a level of transparency with respect to  
            election results.  Current law requires a county election  
            official to report to the SOS the results of a one percent  
            manual tally conducted after each election.  The report is  
            required to identify any discrepancies between the machine  
            count and the manual tally and a description of how each of  
            these discrepancies were resolved. Moreover, existing law  
            requires these manual tallies to be conducted in public and  
            further requires the elections official to provide a five-day  
            public notice of the time and place of the manual tally.  All  
            of these steps provide transparency to the election process,  
            especially when conducting the audit, to protect the integrity  
            of the election results.  It is unclear how an elections  
            official could conduct a meaningful public audit of the  
            election results of an Internet voting system.  If a system  
            was compromised and the results were re-run on that same  
            system, they would potentially turn out the same.  

          Furthermore, the 2011 NIST report, which extensively studied  
            Internet voting, concluded in that Internet voting systems  
            cannot currently be audited with a comparable level of  
            confidence in the audit results as those for polling place  
            systems.  








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           12)Other States  :  According to information provided by the  
            author's office, there are a handful of states - Colorado,  
            Arizona, Hawaii, Illinois, and New York - that have introduced  
            bills this legislative session dealing with Internet voting.   
            These proposals vary in their details, and most propose a  
            pilot program or a feasibility study, rather than a full-scale  
            Internet voting program.  In addition, Connecticut, and New  
            Jersey, introduced legislation that proposes Internet voting  
            pilot program for military and overseas voters.  Moreover,  
            according to a February report from the National Conference of  
            State Legislature, Texas and Mississippi have also introduced  
            feasibility studies on Internet voting.  

          The author's office also provided the committee with information  
            detailing West Virginia's 2010 military and overseas online  
            voting pilot projects.  In 2010 West Virginia's Legislature  
            passed legislation authorizing the Uniformed Services and  
            Overseas Voter Pilot Program, which allowed Uniformed and  
            Overseas Citizens Absentee Voting Act (UOCAVA) voters to vote  
            using an online voting system.  As part of the legislation,  
            the West Virginia SOS was charged with evaluating the pilot  
            program for functional effectiveness and to terminate the  
            program should it fail to "adequately and secretly ensure that  
            absent uniformed services voters and overseas voter have their  
            absentee ballots cast and counted in the primary election."   
            According to the 2010 report, 77 UOCAVA voters, from the five  
            participating counties, applied for an online ballot, and of  
            that, there was an 82 percent return rate for online voters.   
            Additionally, the report states that because no significant  
            deficiencies or concerns were identified with the primary  
            online voting pilot program, it recommended that the project  
            to be continued through the 2010 general election.   
            Subsequently, the West Virginia Legislature passed an  
            expansion bill allowing three additional counties to  
            participate in pilot program for the 2010 general election.  A  
            2011 report provided that 165 UOCAVA voters, in the eight  
            participating counties, completed absentee applications to  
            vote online and, out of that, 125 (76%) cast their ballots  
            using the online voting pilot process.  

          The 2011 report provides that the online voting applications  
            used a form of cryptography, including separate encryption and  
            decryption algorithms, for creating keys to link the voter  
            data with ballot data.  Moreover, the report acknowledges that  
            while neither of the two companies has submitted their  







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            processes for validation by the NIST Cryptographic Algorithm  
            Validation Program, there is no current requirement for that  
            review.   

          Other security measures taken, according to the report, include  
            confidentiality statements for those individuals handling data  
            provided or received by each vendor and the purging of all  
            voter-related data from the vendor systems following the  
            completion of the pilot program.   

          While neither report identifies any significant deficiencies or  
            concerns raised during their pilot projects, the 2011 report  
            states that after consideration of many factors involved in  
            the conduct of the pilot programs, including voter  
            participation and feedback, security considerations,  
            cost-per-voter, legislative mandates and administration  
            requirements, it recommends a study committee be convened to  
            further review those factors.   

          Although the West Virginia online pilot program reports are  
            helpful in illustrating that online voting may be a popular  
            option for military and overseas voters, due to its limited  
            scope, it is challenging to conclude whether it will be an  
            attractive method for all voters.  Furthermore, while neither  
            report identified any significant deficiencies or concerns  
            raised during their pilot projects and the Internet voting  
            systems did contain similar security protocols necessary to  
            protect the integrity of the election, it still does not  
            definitively resolve the security issues discussed above.  

           13)Arguments in Opposition  :  Secretary of State Debra Bowen,  
            writes, in opposition:

               There is widely shared agreement among private and public  
               computer security experts, including cyber security  
               officials at the U.S. Department of Homeland Security, that  
               casting ballots over the Internet is not secure and cannot  
               be made secure.  Unlike other voting systems, Internet  
               voting can be attacked by anyone, anywhere in the word who  
               has a computer and an Internet connection?

               Large sophisticated corporations like Google and Citibank,  
               both with enormous security resources, have been  
               successfully hacked within the past three years and have  
               had critical assets such as source code stolen.  Source  







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               codes, as you are aware, are critical to the security and  
               operation of voting systems.

               I have many technical concerns with the language of the  
               bill, including how a "top-to-bottom" review of an Internet  
               voting system is defined.  However, even if all of my  
               technical concerns were addressed, I would remain strongly  
               opposed to any measure that would permit an Internet voting  
               system be used in any election in California.

           14)Previous Legislation  :  AB 2519 (Shelley) of 2000, would have  
            created an Internet Voting Pilot Program administered by the  
            SOS for the conduct of local elections in not more than three  
            counties.  AB 2519 was vetoed by Governor Davis and in his  
            veto message the Governor stated "[b]efore Internet voting can  
            be successfully implemented, security measures to protect  
            against fraud and abuse must be more fully developed.  Other  
            states are experimenting with online voting with varying  
            degrees of success.  I am not convinced the necessary  
            safeguards are in place to begin this experiment in  
            California."

          SB 908 (Runner) of 2011, would have permitted a special absentee  
            voter, as defined, who is temporarily living outside the  
            United States or is called for military services within the  
            United States on or after the final date to make application  
            for a vote by mail ballot, to return his or her ballot by  
            electronic mail, as specified.  SB 908 failed passage in this  
            committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Everyone Counts

           Opposition 
           
          California Common Cause
          Secretary of State Debra Bowen
          Voting Rights Task Force
           
          Analysis Prepared by  :    Nichole Becker / E. & R. / (916)  
          319-2094 








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