AB 829, as introduced, Fong. Election management systems.
Existing law requires the vendor of a voting system or a ballot marking system to cause an exact copy of the source code for each component of the system to be deposited into an approved escrow facility.
This bill would require the vendor of an election management system to cause an exact copy of the source code for each component of the election management system to be deposited into an approved escrow facility. The bill would require the Secretary of State to adopt regulations implementing this requirement. The bill would provide to the Secretary of State reasonable access to the materials placed in escrow. The bill would authorize the Secretary of State to seek injunctive relief to implement these requirements, and would provide that venue for the proceeding would be exclusively in Sacramento County.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 7 (commencing with Section 2500) is
2added to Division 2 of the Elections Code, to read:
As used in this chapter, an “election management system”
4is a system that is used by a county in the state to track voter
5registration or voter preferences, including, for example, a voter’s
6vote-by-mail status.
(a) No later than January 31, 2014, and annually
8thereafter, the vendor of an election management system shall
9cause an exact copy of the source code for each component of the
10election management system, including complete build and
11configuration instructions and related documents for compiling
12the source code into object code, to be deposited into an approved
13escrow facility. The vendor shall place in escrow source codes for
14each version of the election management system in use in a county
15in the state.
16(b) The Secretary of State shall adopt regulations relating to all
17of the following:
18(1) The definition of source code components of an election
19management system, including source
code for all firmware and
20software of the election management system. Firmware and
21software shall include commercial off-the-shelf or other third-party
22firmware and software that is available and able to be disclosed
23by the vendor of the election management system.
24(2) Specifications for the escrow facility, including security and
25environmental specifications necessary for the preservation of the
26election management system source codes.
27(3) Procedures for submitting election management system
28source codes.
29(4) Criteria for access to election management system source
30codes.
31(5) Requirements for the vendor to include in the materials
32deposited in escrow build and configuration instructions and
33documents so that a neutral third party may create, from the
source
34codes in escrow, executable object codes identical to the code
35installed on the election management system.
36(c) The Secretary of State shall have reasonable access to the
37materials placed in escrow, under the following circumstances:
38(1) In the course of an investigation or prosecution regarding
39election management system equipment or procedures.
P3 1(2) Upon a finding by the Secretary of State that an escrow
2facility or escrow company is unable or unwilling to maintain
3materials in escrow in compliance with this section.
4(3) For any other purpose deemed necessary to fulfill the
5provisions of this code or Section 12172.5 of the Government
6Code.
7(d) The Secretary of State may seek
injunctive relief requiring
8the elections officials, approved escrow facility, or any vendor or
9manufacturer of an election management system to comply with
10this section and related regulations. Venue for a proceeding under
11this section shall be exclusively in Sacramento County.
12(e) This section applies to all elections.
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