BILL NUMBER: AB 829	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 21, 2013

   An act to add Chapter 7 (commencing with Section 2500) to Division
2 of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  Chapter 7 (commencing with Section 2500) is added to
Division 2 of the Elections Code, to read:
      CHAPTER 7.  ELECTION MANAGEMENT SYSTEMS


   2500.  As used in this chapter, an "election management system" is
a system that is used by a county in the state to track voter
registration or voter preferences, including, for example, a voter's
vote-by-mail status.
   2501.  (a) No later than January 31, 2014, and annually
thereafter, the vendor of an election management system shall cause
an exact copy of the source code for each component of the election
management system, including complete build and configuration
instructions and related documents for compiling the source code into
object code, to be deposited into an approved escrow facility. The
vendor shall place in escrow source codes for each version of the
election management system in use in a county in the state.
   (b) The Secretary of State shall adopt regulations relating to all
of the following:
   (1) The definition of source code components of an election
management system, including source code for all firmware and
software of the election management system. Firmware and software
shall include commercial off-the-shelf or other third-party firmware
and software that is available and able to be disclosed by the vendor
of the election management system.
   (2) Specifications for the escrow facility, including security and
environmental specifications necessary for the preservation of the
election management system source codes.
   (3) Procedures for submitting election management system source
codes.
   (4) Criteria for access to election management system source
codes.
   (5) Requirements for the vendor to include in the materials
deposited in escrow build and configuration instructions and
documents so that a neutral third party may create, from the source
codes in escrow, executable object codes identical to the code
installed on the election management system.
   (c) The Secretary of State shall have reasonable access to the
materials placed in escrow, under the following circumstances:
   (1) In the course of an investigation or prosecution regarding
election management system equipment or procedures.
   (2) Upon a finding by the Secretary of State that an escrow
facility or escrow company is unable or unwilling to maintain
materials in escrow in compliance with this section.
   (3) For any other purpose deemed necessary to fulfill the
provisions of this code or Section 12172.5 of the Government Code.
   (d) The Secretary of State may seek injunctive relief requiring
the elections officials, approved escrow facility, or any vendor or
manufacturer of an election management system to comply with this
section and related regulations. Venue for a proceeding under this
section shall be exclusively in Sacramento County.
   (e) This section applies to all elections.