Amended in Senate April 10, 2013

Senate Bill No. 360

Introduced by Senator Padilla

February 20, 2013

begin delete An act to amend Sections 19202, 19206, and 19250 of the Elections Code, relating to elections. end delete begin insert An act to amend Section 19100 of, to amend the heading of Article 1 (commencing with Section 19200) of Chapter 3 of Division 19 of, to amend the headings of Chapter 3 (commencing with Section 19200) and Chapter 3.5 (commencing with Section 19260) of Division 19 of, to amend the heading of Division 19 (commencing with Section 19001) of, to amend and renumber Sections 19103, 19200.5, 19202, 19203, 19204, 19207, 19209, 19210, 19211, 19212, 19212.5, 19213, 19214, 19214.5, 19215, 19216, 19217, 19220, 19221, 19222, 19223, 19225, 19226, 19227, 19227.5, 19228, 19229, 19229.5, 19230, 19231, 19232, 19233, 19234, 19234.5, 19235, 19236, 19237, 19238, 19239, 19240, 19241, 19242, 19243, 19244, 19245, 19250, 19251, 19253, 19254, 19255, 19260, 19261, 19262, 19263, 19264, 19267, 19269, 19270, 19271, 19272, 19273, 19274, and 19275 of, to amend and renumber the headings of Article 2 (commencing with Section 19220), Article 2.5 (commencing with Section 19225), Article 3 (commencing with Section 19230), and Article 4 (commencing with Section 19250) of Chapter 3 of Division 19 of, to amend, renumber, and add Sections 19101, 19102, and 19201 of, to add Sections 19006, 19282, 19283, and 19286 to, to add Article 2 (commencing with Section 19220) to Chapter 3 of Division 19 of, to repeal Sections 19205, 19208, 19252, 19265, 19266, and 19268 of, and to repeal and add Section 19206 of, the Elections Code, relating to voting systems. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 360, as amended, Padilla. begin delete Approval of voting systems. end delete begin insert Certification of voting systems. end insert

begin insert

(1) Existing law establishes various procedures and criteria for the approval by the Secretary of State of voting systems, including ballot marking systems, to be used in elections.

end insert begin insert

This bill would recast and revise those provisions by changing the term “approval” to the term “certification” and would authorize the Secretary of State to certify, conditionally approve, as specified, or withhold approval of a voting system. The bill would provide that it is the intent of the Legislature that the Secretary of State certify all voting systems before they are used in future elections, adopt and publish testing standards, and encourage the development of voting systems that are easy for the public to audit. The bill would require the Secretary of State to adopt and publish voting system standards, as specified, and would require the Secretary of State to study the performance of the voting systems in use in the state.

end insert begin insert

This bill would additionally require the Secretary of State to publish requirements for the approval of testing agencies, as defined, that are authorized to conduct the testing and examination of voting systems and to approve and publish a list of authorized testing agencies. The bill also would provide that the person, corporation, or public agency applying for certification of a voting system is responsible for all costs associated with the testing of the voting system.

end insert begin insert

(2) Within 30 days after completing the examination of any voting system, existing law requires the Secretary of State to file a report stating whether the voting system can safely be used, as specified.

end insert begin insert

This bill would instead require the Secretary of State to file a report within 60 days after the completion of the examination of the voting system, as specified.

end insert begin insert

(3) Existing law authorizes a governing board to provide for the experimental use of a voting system in one or more precincts without formally adopting the system and provides that the experimental use of the system at the election is valid for all purposes as if it were lawfully adopted.

end insert begin insert

This bill would authorize a governing board to conduct a pilot program for the experimental use of voting systems, as specified, and would require the Secretary of State to adopt and publish regulations governing a pilot program. No later than 9 months before the election at which a pilot program is proposed to be conducted, the bill would require the governing board to submit to the Secretary of State a plan for the proposed pilot program, and would require the Secretary of State to approve or reject the plan within 3 months of receipt of the plan. Upon completion of the pilot program, the bill would require the governing board to notify the Secretary of State in writing of any defect, fault, or failure in the hardware, software, or firmware of the voting system.

end insert begin insert

(4) Upon examination of a voting system or a ballot marking system, existing law provides that if a report is issued that states that the voting system or ballot marking system can be used, it is deemed approved by the Secretary of State for use at elections.

end insert begin insert

This bill would delete the above provision and would make conforming changes.

end insert begin insert

(5) Existing law authorizes the use of a direct recording electronic voting system under specified conditions and prohibits the use of moneys from the General Fund for those purposes.

end insert begin insert

This bill would remove the prohibition on the use of General Fund moneys for purposes related to a direct recording electronic voting system.

end insert begin delete

Existing law prohibits a voting system from being used, and prohibits a jurisdiction from purchasing or contracting for a voting system, unless the voting system has received the approval of the Secretary of State. Existing law permits a person or corporation owning or being interested in a voting system or a part of a voting system to apply to the Secretary of State to examine the voting system and report on its accuracy and efficiency to fulfill its purpose.

end delete begin delete

This bill would specify that to request the Secretary of State to approve a voting system, the person, corporation, or county owning or being interested in the voting system or a part of the voting system must apply to Secretary of State to examine the voting system and report on its accuracy and efficiency to fulfill its purpose.

end delete begin delete

Existing federal law, the Help America Vote Act of 2002, permits a state to provide for the testing, certification, decertification, and recertification of its voting system hardware and software by laboratories accredited by the Election Assistance Commission.

end delete begin delete

Existing state law prohibits the Secretary of State from approving, and prohibits a city or county from contracting for or purchasing, a direct recording electronic voting system unless the system has received federal qualification, as defined, and includes an accessible voter verified paper audit trail. Existing law also requires all direct recording electronic voting systems in use on January 1, 2006, to have received federal qualification and include an accessible voter verified paper audit trail.

end delete begin delete

This bill specify that a county may develop, or contract with a vendor to develop, a direct recording electronic voting system before the voting system has received federal qualification, provided that it receives federal qualification prior to any election at which it is to be first used.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The heading of Division 19 (commencing with
Section 19001) of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

 

Division 19.  begin delete APPROVAL end delete begin insert CERTIFICATION end insert OF VOTING
SYSTEMS

 

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 19006 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 19006. end insert   

(a) It is the intent of the Legislature that all voting
systems be certified or conditionally approved by the Secretary of
State, independent of voluntary federal qualification or
certification, before they are used in future elections to ensure that
the voting systems meet accuracy, accessibility, and security
standards.

(b) It is also the intent of the Legislature that the Secretary of
State adopt and publish testing standards that meet or exceed
federal voluntary standards set by the United States Election
Assistance Commission or its successor agency.

(c) It is also the intent of the Legislature that the Secretary of
State study and encourage the development of voting systems that
use nonproprietary source code or that are easy for the public to
audit.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 19100 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

19100.  

The Secretary of State shall study and adopt regulations
governing the use of voting machines, voting devices, vote
tabulating devices, and ballot marking begin delete systems. end delete begin insert systems, and shall
be responsible for certifying voting systems for use in this state. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 19101 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19101. end delete
begin insert 19103. end insert   

The Chairperson of the Senate Standing Committee
on Elections and begin delete Reapportionment end delete begin insert Constitutional Amendments end insert
and the Chairperson of the Assembly Standing Committee on
begin delete Elections, Reapportionment end delete begin insert Elections end insert and begin delete Constitutional
Amendments end delete begin insert Redistricting end insert shall meet with the Secretary of State
and assist the Secretary of State to the extent that the participation
is not incompatible with their positions as Members of the
Legislature. For begin delete the end delete purposes of this division, the chairpersons of
the committees named shall constitute a joint interim legislative
committee on the subject of this chapter and Chapter 3
(commencing with Section 19200) and shall have the powers and
duties imposed upon those committees by the Joint Rules of the
Senate and Assembly.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 19101 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 19101. end insert   

(a) The Secretary of State shall adopt and publish
voting system standards. The Secretary of State may also adopt,
in whole or in part, voluntary federal voting system standards
established by the United States Election Assistance Commission
or its successor agency.

(b) Voting system standards adopted by the Secretary of State
pursuant to subdivision (a) shall include, but not be limited to, all
of the following requirements:

(1) The machine or device and its software shall be suitable for
the purpose for which it is intended.

(2) The system shall preserve the secrecy of the ballot.

(3) The system shall be safe from fraud or manipulation.

(4) The system shall be 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.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 19102 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19102. end delete
begin insert 19104. end insert   

The Secretary of State may investigate any alleged
violation of this code or the Secretary of State’s regulations with
the power to subpoena all necessary persons and records.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 19102 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 19102. end insert   

The Secretary of State shall study the performance of
voting systems in use in the state.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 19103 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19103. end delete
begin insert 19212. end insert   

(a) (1) No later than 10 business days after the
Secretary of State begin insert certifies or conditionally end insert approves the use of a
new or updated voting system, the begin delete vendor end delete begin insert applicant end insert of the voting
system shall cause an exact copy of the approved source code for
each component of the voting system, including complete build
and configuration instructions and related documents for compiling
the source code into object code, to be transferred directly from
the United States Election Assistance Commission or the voting
system testing begin delete laboratory, which end delete begin insert agency that end insert evaluated the voting
system and is accredited by the United States Election Assistance
Commission, and deposited into an approved escrow facility.

(2) No later than 10 business days after the Secretary of State
begin delete approves the use of end delete begin insert certifies end insert a new or updated ballot marking
system, the begin delete vendor end delete begin insert applicant end insert of the ballot marking system shall
cause an exact copy of the approved source code for each
component of the ballot marking 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.

(b) The Secretary of State shall adopt regulations relating to all
of the following:

(1) The definition of source code components of a voting system
or ballot marking system, including source code for all firmware
and software of the voting system or ballot marking 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 begin delete vendor end delete begin insert applicant end insert of the voting system or
ballot marking system.

(2) Specifications for the escrow facility, including security and
environmental specifications necessary for the preservation of the
voting system or ballot marking system source codes.

(3) Procedures for submitting voting system or ballot marking
system source codes.

(4) Criteria for access to voting system or ballot marking system
source codes.

(5) Requirements for the begin delete vendor end delete begin insert applicant end insert 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 begin delete approved end delete begin insert certified end insert voting systems or ballot
marking systems.

(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
vote counting or ballot marking 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) In order to fulfill the provisions of this chapter related to the
examination and begin delete approval end delete begin insert certification end insert of voting systems or ballot
marking systems.

(4) In order to verify that the software on a voting begin delete system, voting
machine, vote tabulating device, or ballot marking end delete system is
identical to the begin delete approved end delete begin insert certified end insert version.

(5) 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 a voting begin delete machine, voting system, vote tabulating
device, end delete begin insert system end insert or begin delete ballot marking end delete begin insert part of a voting end insert 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.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert The heading of Chapter 3 (commencing with Section
19200) of Division 19 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

 

Chapter  3. begin delete Approval of end delete begin insert Certification of end insert Voting Systems

 

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert The heading of Article 1 (commencing with Section
19200) of Chapter 3 of Division 19 of the end insert begin insert Elections Code end insert begin insert is
amended to read: end insert

 

Article 1.  Procedures for begin delete Approval end delete begin insert Certification end insert of Voting
Systems

 

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 19200.5 of the end insert begin insert Elections Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 19200.5. end delete
begin insert 19204. end insert   

The Secretary of State shall not begin delete approve end delete begin insert certify or
conditionally approve end insert any voting system that begin delete permits end delete begin insert includes
features that permit end insert a voter to begin delete exit a polling place with a end delete begin insert produce
a copy or end insert facsimile of the ballot cast by begin delete that end delete begin insert the end insert voter at that polling
place.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 19201 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19201. end delete
begin insert 19202. end insert   

begin delete

(a) No

end delete

begin insert A end insert voting system, in whole or in part, shall begin insert not end insert be used unless it
has begin delete received the approval of the end delete begin insert been certified or conditionally
approved by the end insert Secretary of State prior to any election at which
it is to be first used.

begin delete

(b) No jurisdiction may purchase or contract for a voting system,
in whole or in part, unless it has received the approval of the
Secretary of State.

end delete

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 19201 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 19201. end insert   

The Secretary of State may conditionally approve a
voting system or part of a voting system in lieu of certification
under any of the following circumstances:

(a) A voting system or part of a voting system is out of
compliance due to a regulatory change.

(b) A voting system or part of a voting system has been
decertified.

(c) A voting system or part of a voting system will be
implemented for experimental use in a pilot program pursuant to
Section 19209.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 19202 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19202. end delete
begin insert 19210. end insert   

(a) A begin delete person end delete begin insert person, corporation, end insert or begin delete corporation end delete begin insert public
agency end insert owning or begin delete being interested end delete begin insert having an interest end insert in begin insert the sale
or acquisition of end insert a voting system or a part of a voting system may
apply to the Secretary of State begin delete to examine it end delete begin insert for certification that
includes testing end insert and begin delete report on its accuracy and efficiency to fulfill
its purpose. end delete begin insert examination of the applicant’s system by a
state-approved testing agency and a report on the findings, which
shall include the accuracy and efficiency of the voting system. end insert As
part of its application, the begin delete vendor of a voting system or the part of
a voting system end delete begin insert applicant end insert shall notify the Secretary of State in
writing of any known defect, fault, or failure of the version of the
hardware, software, or firmware of the voting system or a part of
the voting system submitted. The Secretary of State shall not begin
his or her begin delete examination end delete begin insert certification process end insert until he or she receives
a completed begin delete application from the end delete begin delete vendor end delete begin delete of the voting system or
a part of the voting system. end delete begin insert application. end insert The begin delete vendor end delete begin insert applicant end insert shall
also notify the Secretary of State in writing of any defect, fault, or
failure of the version of the hardware, software, or firmware of
the voting system or a part of the voting system submitted that is
discovered after the application is submitted and before the
Secretary of State submits the report required by Section begin delete 19207. end delete
begin insert 19213. end insert The Secretary of State shall complete his or her begin delete examination end delete
begin insert certification process end insert without undue delay.

begin insert

(b) The Secretary of State shall publish and make publicly
available on his or her Internet Web site a quarterly report of
regulatory activities related to voting systems.

end insert begin delete

(b)

end delete

begin insert (c) end insert  After receiving begin delete a vendor’s end delete begin insert an applicant’s end insert written notification
of a defect, fault, or failure, the Secretary of State shall notify the
United States Election Assistance Commission or its successor
entity of the problem as soon as practicable so as to present a
reasonably complete description of the problem. The Secretary of
State shall subsequently submit a report regarding the problem to
the United States Election Assistance Commission or its successor
entity. The report shall include any report regarding the problem
submitted to the Secretary of State by the begin delete vendor. end delete begin insert applicant. end insert

begin delete

(c)

end delete

begin insert (d) end insert   begin delete The following definitions apply for purposes of end delete begin insert As used in end insert
this article:

(1) “Defect” means any flaw in the hardware or documentation
of begin delete an approved end delete begin insert a certified end insert or conditionally approved voting system
that could result in a state of unfitness for use or nonconformance
to the manufacturer’s begin delete specifications. end delete begin insert specifications or applicable
law. end insert

(2) “Failure” means a discrepancy between the external results
of the operation of any software or firmware in begin delete an approved end delete begin insert a
certified end insert or conditionally approved voting system and the
manufacturer’s product requirements for that software or firmware
begin insert or applicable law end insert .

(3) “Fault” means a step, process, or data definition in any
software or firmware in begin delete an approved end delete begin insert a certified end insert or conditionally
approved voting system that is incorrect under the manufacturer’s
program specification begin insert or applicable law end insert .

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 19203 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19203. end delete
begin insert 19223. end insert   

The Secretary of State begin delete may make all arrangements for
the time and place end delete begin insert shall use a state-approved testing agency end insert to
examine voting begin delete equipment end delete begin insert systems or parts of voting systems end insert
proposed begin delete to be sold end delete begin insert for use or sale end insert in this state. He or she shall
furnish a complete report of the findings of the begin delete examining engineers end delete
begin insert examination and testing end insert to the Governor and the Attorney General.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 19204 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19204. end delete
begin insert 19211. end insert   

begin insert (a) end insert begin insert   end insert Prior to begin delete giving its end delete begin insert publishing his or her end insert decision
begin delete approving end delete begin insert to certify, conditionally approve, end insert or begin delete withholding
approval end delete begin insert withhold certification end insert of begin delete any end delete begin insert a end insert voting begin delete machine, voting
device, end delete begin insert system end insert or begin delete vote tabulating device, end delete begin insert part of a voting system, end insert
the Secretary of State shall begin delete hold end delete begin insert provide for end insert a begin insert 30-day end insert public begin insert review
period and conduct a public end insert hearing to give persons interested an
opportunity to begin insert review testing and examination reports and end insert express
their views for or against begin insert certification or conditional approval of end insert
the begin delete machine or device. end delete begin insert voting system. end insert

begin insert (b) end insert begin insert   end insert The Secretary of State shall give notice of the begin insert public review
period and end insert hearing in the manner prescribed in Section 6064 of
the Government Code in a newspaper of general circulation
published in Sacramento County. The Secretary of State shall also
begin insert provide notice of the public review period and hearing on his or
her Internet Web site. The Secretary of State shall end insert transmit written
notice of the begin insert public review period and end insert hearing, at least 30 days
prior to the begin insert public review period and end insert hearing, to each county
elections official, to any person that the Secretary of State believes
will be interested in the begin insert public review period and end insert hearing, and to
any person who requests, in writing, notice of the begin insert public review
period and end insert hearing.

begin insert (c) end insert begin insert   end insert The decision of the Secretary of begin delete State, either approving end delete
begin insert State to certify, conditionally approve, end insert or begin delete withholding end delete begin insert withhold end insert
approval of a voting begin delete machine, voting device, end delete begin insert system end insert or begin delete vote
tabulating device, end delete begin insert part of a voting system end insert shall be in writing and
shall state the findings of the begin delete secretary. end delete begin insert Secretary of State. end insert The
decision shall be open to public inspection.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 19205 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

19205.  

The Secretary of State shall establish the specifications
for and the regulations governing voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing. The
criteria for establishing the specifications and regulations shall
include, but not be limited to, the following:

(a) The machine or device and its software shall be suitable for
the purpose for which it is intended.

(b) The system shall preserve the secrecy of the ballot.

(c) The system shall be safe from fraud or manipulation.

end delete

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 19206 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

19206.  

For the purpose of assistance in examining a voting
system the Secretary of State may employ not more than three
expert electronic technicians at a cost to be set by the Secretary of
State. The compensation of the electronic technicians shall be paid
by the person or corporation submitting the machine or device.

The Secretary of State may require the person or corporation
submitting the machine or device to deposit sufficient funds to
guarantee the payment of the examination charges. The Secretary
of State may deposit the funds in an appropriate treasury trust
account and, within 30 days after his or her report of examination,
draw a refund check to the credit of the person or corporation for
any amount in excess of costs.

end delete

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 19206 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 19206. end insert   

If more than one voting system is used to count ballots,
the names of candidates shall, insofar as possible, be placed on
the primary voting system. If more than one voting system or a
combination of a voting system and paper ballots is used to count
ballots, a single ballot measure or the candidates for a single office
may not be split between voting systems or between a voting system
and paper ballots.

end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 19207 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19207. end delete
begin insert 19213. end insert   

Within begin delete 30 end delete begin insert 60 end insert days after begin delete completing end delete the begin insert completion of
the end insert examination of begin delete any end delete begin insert a end insert voting system, the Secretary of State
shall begin delete place on file end delete begin insert make publicly available end insert a report stating whether
begin delete in his or her opinion end delete the begin delete kind of end delete voting system begin delete examined can safely
be used. The report shall also contain a written end delete begin insert has been certified end insert
or begin delete printed description and drawings and photographs clearly
identifying the machine end delete begin insert conditionally approved, end insert or begin delete device and its
mechanical operation. end delete begin insert whether certification has been withheld.
The report shall also contain a written or printed description and
drawings and photographs that clearly identify the machine or
device and its mechanical operation. end insert

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 19208 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

19208.  

If the report states that the voting system can be used,
it shall be deemed approved by the Secretary of State and machines
or devices of its kind may be adopted for use at elections.

end delete

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 19209 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19209. end delete
begin insert 19214. end insert   

Within 10 days after begin insert issuing and end insert filing begin delete the report, the end delete
begin insert a certification decision and associated testing reports, the end insert Secretary
of State shall begin delete send end delete begin delete a copy end delete begin insert make available end insert to the begin insert public a full and
complete copy of the certification report and all associated
documentation, except that portions of the report or documentation
that contain information that the Secretary of State determines to
be confidential or proprietary shall not be made publicly available.
The Secretary of State shall also notify the end insert board of supervisors
begin insert and elections official end insert of each begin delete county. end delete begin insert county of the availability of
the report and associated documentation. end insert

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 19210 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19210. end delete
begin insert 19207. end insert   

The governing board may adopt for use at elections
any kind of voting system, any combination of voting systems, begin insert or end insert
any combination of a voting system and paper ballots, provided
that the begin delete use of the end delete voting system or systems involved begin delete has end delete begin insert have end insert
been begin insert certified or conditionally end insert approved by the Secretary of begin delete State
or specifically authorized by law. end delete begin insert State. end insert The voting system or
systems may be used at any or all elections held in any county,
city, or any of their political subdivisions for voting, registering,
and counting votes cast. begin delete When more than one voting system is
used to count ballots, the names of candidates shall, insofar as
possible, be placed upon the primary voting system. When end delete begin insert If end insert more
than one voting system or a combination of a voting system and
paper ballots is begin delete used to count ballots, a single ballot measure or end delete
begin insert used at an election, end insert the candidates for a single office may not be
split between voting systems or between a voting system and paper
ballots.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 19211 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19211. end delete
begin insert 19209. end insert   

begin insert (a) end insert begin insert   end insert The governing board, without formally adopting
a begin delete system that it might lawfully adopt, end delete begin insert voting system, end insert may provide
for begin delete its end delete begin insert the end insert experimental use begin insert of a voting system in a pilot program
held end insert at an election in one or more precincts begin delete . end delete begin insert , as follows: end insert begin delete If end delete

begin insert (1) end insert begin insert   end insert begin insert If the voting system is publicly owned, uses nonproprietary
software, or implements risk-limiting audits conducted pursuant
to Section 15560, the voting system need not be certified or
conditionally approved prior to its experimental use. end insert Its use at the
election is begin delete as end delete valid for all purposes as if it were lawfully begin delete adopted. end delete
begin insert adopted and certified. end insert

begin insert

(2) No later than nine months before the election at which the
pilot program of a voting system is proposed to be conducted, the
governing board shall submit to the Secretary of State a plan for
the pilot program. The Secretary of State shall approve or reject
the plan no later than three months after receipt of the plan.

end insert begin insert

(3) Upon completion of the pilot program, the governing board
shall notify the Secretary of State in writing of any defect, fault,
or failure of the hardware, software, or firmware of the voting
system or a part of the voting system.

end insert begin insert

(b) The Secretary of State shall adopt and publish regulations
governing pilot programs for the experimental use of voting
systems.

end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 19212 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19212. end delete
begin insert 19208. end insert   

The governing board may provide for the payment of
the cost of the voting system equipment in any manner and by any
method as it begin delete may deem end delete begin insert deems best end insert for begin delete the best end delete local interests, and
also may for that purpose issue bonds, certificates of indebtedness,
or other obligations that shall be a charge on the county or city.
The bonds, certificates, or other obligations may be issued with
or without interest, payable at any time as the authorities may
determine, but shall not be issued or sold at less than par. The
governing board may enter into lease agreements or lease-purchase
agreements for the use of equipment.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 19212.5 of the end insert begin insert Elections Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 19212.5. end delete
begin insert 19215. end insert   

(a)  begin delete When end delete begin insert If end insert a voting system or a part of a voting
system has been begin insert certified or conditionally end insert approved by the
Secretary of State, the vendor begin insert or proprietor county, in cases where
the system is publicly owned, end insert shall notify the Secretary of State
and all local elections officials who use the system in writing of
any defect, fault, or failure of the hardware, software, or firmware
of the voting system or a part of the voting system within 30
calendar days after the vendor learns of the defect, fault, or failure.

begin delete

(b) Not later than January 8, 2011, the vendor of a voting system
or a part of a voting system that has been approved by the Secretary
of State prior to the effective date of this section shall notify the
Secretary of State and all local elections officials who use the
system in writing of any defect, fault, or failure of the hardware,
software, or firmware of the voting system or a part of the voting
system the vendor was aware of prior to January 1, 2011.

end delete

begin insert (b) end insert  After receiving begin delete a vendor’s end delete written notification of a defect,
fault, or failure pursuant to subdivision begin delete (a) or (b), end delete begin insert (a), end insert the Secretary
of State shall notify the United States Election Assistance
Commission or its successor entity of the problem as soon as
practicable so as to present a reasonably complete description of
the problem. The Secretary of State shall subsequently submit a
report regarding the problem to the United States Election
Assistance Commission or its successor entity. The report shall
include any report regarding the problem submitted to the Secretary
of begin delete State by the vendor. end delete begin insert State. end insert

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 19213 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19213. end delete
begin insert 19216. end insert   

begin delete When end delete begin insert If end insert a voting system or a part of a voting system
has been begin insert certified or conditionally end insert approved by the Secretary of
State, it shall not be changed or modified until the Secretary of
State has been notified in writing and begin insert has end insert determined that the
change or modification does not impair its accuracy and efficiency
sufficient to require a reexamination and begin insert recertification, conditional
approval, or end insert reapproval pursuant to this article. The Secretary of
State may adopt rules and regulations governing the procedures
to be followed in making his or her determination as to whether
the change or modification impairs accuracy or efficiency.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 19214 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19214. end delete
begin insert 19217. end insert   

The Secretary of State may seek injunctive and
administrative relief begin delete when end delete begin insert if end insert a voting system or a part of a voting
system has been compromised by the addition or deletion of
hardware, software, or firmware without prior approval or is
defective due to a known hardware, software, or firmware defect,
fault, or failure that has not been disclosed pursuant to Section
begin delete 19202 end delete begin insert 19210 end insert or begin delete 19212.5. end delete begin insert 19215. end insert

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 19214.5 of the end insert begin insert Elections Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 19214.5. end delete
begin insert 19218. end insert   

(a) The Secretary of State may seek all of the following
relief for an unauthorized change in hardware, software, or
firmware in a voting system begin delete approved end delete begin insert certified end insert or conditionally
approved in California:

(1) A civil penalty from the offending party or parties, not to
exceed ten thousand dollars ($10,000) per violation. For purposes
of this subdivision, each voting system component found to contain
the unauthorized hardware, software, or firmware shall be
considered a separate violation. A penalty imposed pursuant to
this subdivision shall be apportioned 50 percent to the county in
which the violation occurred, if applicable, and 50 percent to the
Office of the Secretary of State for purposes of bolstering voting
systems security efforts.

(2) Immediate commencement of proceedings to withdraw
begin insert certification or conditional end insert approval for the voting system in
question.

(3) Prohibiting the manufacturer or vendor of a voting system
from doing elections-related business in the state for one, two, or
three years.

(4) Refund of all moneys paid by a local agency for a voting
system or a part of a voting system that is compromised by an
unauthorized change or modification, whether or not the voting
system has been used in an election.

(5) Any other remedial actions authorized by law to prevent
unjust enrichment of the offending party.

(b) (1) The Secretary of State may seek all of the following
relief for a known but undisclosed defect, fault, or failure in a
voting system or part of a voting system begin delete approved end delete begin insert certified end insert or
conditionally approved in California:

(A) Refund of all moneys paid by a local agency for a voting
system or part of a voting system that is defective due to a known
but undisclosed defect, fault, or failure, whether or not the voting
system has been used in an election.

(B) A civil penalty from the offending party or parties, not to
exceed fifty thousand dollars ($50,000) per violation. For purposes
of this subdivision, each defect, fault, or failure shall be considered
a separate violation. A defect, fault, or failure constitutes a single
violation regardless of the number of voting system units in which
the defect, fault, or failure is found.

(C) In addition to any other penalties or remedies established
by this section, the offending party or parties shall be liable in the
amount of one thousand dollars ($1,000) per day after the
applicable deadline established in Section begin delete 19212.5 end delete begin insert 19215 end insert until the
required disclosure is filed with the Secretary of State.

(2) A penalty imposed pursuant to subparagraph (B) or (C) of
paragraph (1) shall be deposited in the General Fund.

(c)  begin delete Prior to end delete begin insert Before end insert seeking any measure of relief under this
section, the Secretary of State shall hold a public hearing. The
Secretary of State shall give notice of the hearing in the manner
prescribed by Section 6064 of the Government Code in a
newspaper of general circulation published in Sacramento County.
The Secretary of State also shall transmit written notice of the
hearing, at least 30 days prior to the hearing, to each county
elections official, the offending party or parties, a person that the
Secretary of State believes will be interested in the hearing, and a
person who requests, in writing, notice of the hearing.

(d) The decision of the Secretary of begin delete State, end delete begin insert State end insert to seek relief
under this begin delete section, end delete begin insert section end insert shall be in writing and state his or her
findings. The decision shall be open to public inspection.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 19215 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19215. end delete
begin insert 19219. end insert   

(a) The Secretary of State may seek injunctive relief
requiring an elections official, or any vendor or manufacturer of
a voting machine, voting system, or vote tabulating device, to
comply with the requirements of this code, the regulations of the
Secretary of State, and the specifications for voting machines,
voting devices, vote tabulating devices, and any software used for
each, including the programs and procedures for vote tabulating
and testing.

(b) Venue for a proceeding under this section shall be
exclusively in Sacramento County.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 19216 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19216. end delete
begin insert 19203. end insert   

The Secretary of State shall not begin delete approve end delete begin delete any end delete begin insert certify or
conditionally approve a end insert voting system begin insert or a part of a voting system end insert
that uses paper ballots unless the paper used for the ballots is of
sufficient quality that it maintains its integrity and readability
throughout the retention period specified in Chapter 4 (commencing
with Section 17300) of Division 17.

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 19217 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19217. end delete
begin insert 19205. end insert   

A voting system shall comply with all of the following:

(a) No begin delete voting system or end delete part of begin delete a end delete begin insert the end insert voting system shall be
connected to the Internet at any time.

(b) No begin delete voting system or end delete part of begin delete a end delete begin insert the end insert voting system shall
electronically receive or transmit election data through an exterior
communication network, including the public telephone system,
begin delete when end delete begin insert if end insert the communication originates from or terminates at a
polling place, satellite location, or counting center.

(c) No begin delete voting system or end delete part of begin delete a end delete begin insert the end insert voting system shall receive
or transmit wireless communications or wireless data transfers.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert The heading of Article 2 (commencing with Section
19220) of Chapter 3 of Division 19 of the end insert begin insert Elections Code end insert begin insert is
amended and renumbered to read: end insert

 

Article begin delete 2. end delete begin insert 3. end insert   Inspection of begin insert Certified and Conditionally end insert Approved
Voting Systems

 

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 19220 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19220. end delete
begin insert 19230. end insert   

The elections official of any county or city using begin insert a end insert
voting begin delete or vote tabulating equipment end delete begin insert system end insert shall inspect the
machines or devices at least once every two years to determine
their accuracy. Any county or city using leased or rented equipment
shall determine if the equipment has been inspected for accuracy
within the last two years before using it for any election. The
inspection shall be made in accordance with regulations adopted
and promulgated by the Secretary of State. The elections official
shall certify the results of the inspection to the Secretary of State.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Article 2 (commencing with Section 19220) is added
to Chapter 3 of Division 19 of the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 2. end insert   Voting System Testing Agencies

 

begin insert 19220. end insert   

For purposes of this division, “testing agency” means
a person or entity that is authorized to conduct the testing and
examination of a voting system in connection with certification of
the voting system pursuant to this division.

begin insert 19221. end insert   

The Secretary of State shall do all of the following:

(a) Publish requirements for the approval of testing agencies
that are authorized to conduct the testing and examination of voting
systems.

(b) Approve and publish a list of authorized testing agencies.

begin insert 19222. end insert   

The person, corporation, or public agency applying
for certification of a voting system is responsible for all costs
associated with the testing of the voting system.

begin insert 19223. end insert   

The Secretary of State may contract with one or more
expert technicians to assist with the certification of a voting system,
including testing and examination of the voting system.

end insert

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 19221 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19221. end delete
begin insert 19231. end insert   

begin insert (a) end insert begin insert   end insert If the Secretary of State has reason to believe that
a local inspection of equipment is not adequate, he or she may
cause the equipment to be reexamined, at any time prior to six
months before a statewide election, to begin delete insure end delete begin insert ensure end insert that begin delete they end delete begin insert the
voting system or parts of the voting system perform to adopted
standards and end insert tabulate votes accurately.

begin insert (b) end insert begin insert   end insert For the purpose of reexamining voting equipment the
Secretary of State begin delete may employ not more than three expert
technicians at a cost to be determined by the Secretary of State.
The compensation of the technicians end delete shall begin delete be paid by end delete begin insert use
state-approved testing agencies at end insert the begin delete county using end delete begin insert cost of end insert the
begin delete equipment examined. end delete begin insert elections official. end insert

begin insert (c) end insert begin insert   end insert The Secretary of State begin delete may make all arrangements for the
time and place to examine the voting equipment, and end delete shall furnish
a complete report of the findings begin delete of the examining engineers end delete to
the Governor, to the Attorney General, to each county elections
official, to the begin delete chairmen end delete begin insert chairpersons end insert of the elections committees
of the Assembly and Senate, and to the manufacturer of the
equipment.

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 19222 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19222. end delete
begin insert 19232. end insert   

The Secretary of State shall review voting systems
periodically to determine if they are defective, obsolete, or
otherwise unacceptable. The Secretary of State has the right to
withdraw his or her begin insert certification or conditional end insert approval previously
granted under this chapter of any voting system or part of a voting
system should it be defective or prove unacceptable after such
review. Six months’ notice shall be given before withdrawing
begin insert certification or conditional end insert approval unless the Secretary of State
for good cause shown makes a determination that a shorter notice
period is necessary. Any withdrawal by the Secretary of State of
his or her previous begin insert certification or conditional end insert approval of a voting
system or part of a voting system shall not be effective as to begin delete any end delete
begin insert an end insert election conducted within six months of that withdrawal.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 19223 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19223. end delete
begin insert 19233. end insert   

The Secretary of State shall conduct random audits of
the software installed on direct recording electronic voting systems,
as defined in Section begin delete 19251, end delete begin insert 19271, end insert to ensure that the installed
software is identical to the software that has been approved for
use on that voting system. The Secretary of State shall take steps
to ensure that the process for conducting random audits does not
intentionally cause a direct recording electronic voting system to
become more vulnerable to any unauthorized changes to the
software that has been approved for its use.

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert The heading of Article 2.5 (commencing with Section
19225) of Chapter 3 of Division 19 of the end insert begin insert Elections Code end insert begin insert is
amended and renumbered to read: end insert

 

Article begin delete 2.5. end delete begin insert 4. end insert   Accessible Voting Systems

 

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 19225 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19225. end delete
begin insert 19240. end insert   

The Legislature finds and declares as follows:

(a) Microchip and digital technologies are increasingly changing
the way Americans vote.

(b) State and political subdivisions are replacing antiquated
voting methods and machines with computer and electronic-based
voting systems, but nonvisual access, whether by speech, braille,
or other appropriate means, is often overlooked in certifying and
purchasing the latest voting technology.

(c) Voting technology and systems that allow the voter to access
and select information solely through a visual means are a barrier
to access by individuals who are blind or visually impaired, thereby
discouraging them from exercising the right to vote, the most
fundamental right of citizenship in a free and democratic society.

(d) Software and hardware adaptations have been created so
that voters can interact with voting technology and systems through
both visual and nonvisual means allowing blind and visually
impaired people to cast a secret ballot and independently verify
their vote.

(e) In promoting full participation in the electoral process, the
goals of the state and its political subdivisions must recognize the
incontrovertible right of all citizens regardless of blindness or
visual impairment to vote.

(f) This right must include the opportunity for individuals who
are blind or visually impaired to cast and verify their ballots
independently.

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 19226 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19226. end delete
begin insert 19241. end insert   

As used in this article:

(a) “Access” means the ability to receive, use, select, and
manipulate data and operate controls included in voting technology
and systems.

(b) “Nonvisual” means synthesized speech, braille, and other
output methods begin insert that do end insert not begin delete requiring end delete begin insert require end insert sight.

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 19227 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19227. end delete
begin insert 19242. end insert   

(a) The Secretary of State shall adopt begin insert and publish end insert
rules and regulations governing any voting technology and systems
used by the state or any political subdivision that provide blind
and visually impaired individuals with access that is equivalent to
that provided to individuals who are not blind or visually impaired,
including the ability for the voter to cast and verify all selections
made by both visual and nonvisual means.

begin insert

(b) State voting system standards shall require voting systems
to provide blind and visually impaired individuals with access that
is equivalent to that provided to individuals who are not blind or
visually impaired.

end insert begin delete

(b)

end delete

begin insert (c) end insert  At each polling place, at least one voting unit begin insert certified or
conditionally end insert approved begin delete pursuant to subdivision (a) end delete by the Secretary
of State shall provide access to individuals begin insert with disabilities,
including nonvisual accessibility for individuals end insert who are blind or
visually impaired begin insert and accessibility for individuals who have other
disabilities as set forth by the federal Help America Vote Act of
2002 (42 U.S.C. Sec. 15301 et seq.) end insert .

begin delete

(c)

end delete

begin insert (d) end insert  A local agency is not required to comply with subdivision
begin delete (b) end delete begin insert (c) end insert unless sufficient funds are available to implement that
provision. Funds received from the proceeds of the Voting
Modernization Bond Act of 2002 (Article begin delete 3 end delete begin insert 5 end insert (commencing with
Section begin delete 19230)), end delete begin insert 19250)), end insert from federal funds made available to
purchase new voting systems, or from any other source except the
General Fund, shall be used for that purpose.

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 19227.5 of the end insert begin insert Elections Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 19227.5. end delete
begin insert 19243. end insert   

In requiring nonvisual access pursuant to this article,
the Secretary of State shall obtain recommendations from
representatives of blind consumer organizations, experts in
accessible software and hardware design, and any other individual
or organization the Secretary of State determines to be appropriate.

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 19228 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19228. end delete
begin insert 19244. end insert   

Compliance with this article in regard to voting
technology and systems purchased prior to the effective date of
this article shall be achieved at the time of procurement of an
upgrade or replacement of existing voting equipment or systems.

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 19229 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19229. end delete
begin insert 19245. end insert   

(a) A person injured by a violation of this article may
maintain an action for injunctive relief to enforce this article.

(b) An action for injunctive relief shall be commenced within
four years after the cause of action accrues.

(c) For begin delete the end delete purposes of this section, a cause of action for a
continuing violation accrues at the time of the latest violation.

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 19229.5 of the end insert begin insert Elections Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 19229.5. end delete
begin insert 19246. end insert   

This article does not apply to voting by vote by mail
ballot.

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert The heading of Article 3 (commencing with Section
19230) of Chapter 3 of Division 19 of the end insert begin insert Elections Code end insert begin insert is
amended and renumbered to read: end insert

 

Article begin delete 3. end delete begin insert 5. end insert   Voting Modernization Bond Act of 2002
(Shelley-Hertzberg Act)

 

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 19230 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19230. end delete
begin insert 19250. end insert   

This article shall be known and may be cited as the
Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act).

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 19231 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19231. end delete
begin insert 19251. end insert   

The State General Obligation Bond Law (Chapter 4
(commencing with Section 16720) of Part 3 of Division 4 of Title
2 of the Government Code), except as otherwise provided herein,
is adopted for the purpose of the issuance, sale, and repayment of,
and otherwise providing with respect to, the bonds authorized to
be issued by this article, and the provisions of that law are included
in this article as though set out in full.

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 19232 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19232. end delete
begin insert 19252. end insert   

As used in this begin delete article, the following words have the
following meanings: end delete begin insert article: end insert

(a) “Board” means the Voting Modernization Board, established
pursuant to Section begin delete 19235. end delete begin insert 19256. end insert

(b) “Bond” means a state general obligation bond issued
pursuant to this article adopting the provisions of the State General
Obligation Bond Law.

(c) “Bond act” means this article authorizing the issuance of
state general obligation bonds and adopting the State General
Obligation Bond Law by reference.

(d) “Committee” means the Voting Modernization Finance
Committee, established pursuant to Section begin delete 19233. end delete begin insert 19253. end insert

(e) “Fund” means the Voting Modernization Fund, created
pursuant to subdivision (b) of Section begin delete 19234. end delete begin insert 19254. end insert

(f) “Voting system” means any voting machine, voting device,
or vote-tabulating device that does not begin delete utilize end delete begin insert use end insert prescored punch
card ballots.

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Section 19233 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19233. end delete
begin insert 19253. end insert   

(a) The Voting Modernization Finance Committee is
hereby established for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this article.

(b) The committee consists of the Controller, the Director of
Finance, and the Treasurer, or their designated representatives, all
of whom shall serve begin delete thereon end delete without compensation, and a majority
of whom shall constitute a quorum. The Treasurer shall serve as
chairperson of the committee. A majority of the committee may
act for the committee.

(c) For purposes of this article, the Voting Modernization
Finance Committee is “the committee” as that term is used in the
State General Obligation Bond Law.

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 19234 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19234. end delete
begin insert 19254. end insert   

(a) The committee may create a debt or debts, liability
or liabilities, of the State of California, in the aggregate amount
of not more than two hundred million dollars ($200,000,000),
exclusive of refunding bonds, in the manner provided herein for
the purpose of creating a fund to assist counties in the purchase of
updated voting systems.

(b) The proceeds of bonds issued and sold pursuant to this article
shall be deposited in the Voting Modernization Fund, which is
hereby established.

(c) A county is eligible to apply to the board for fund money if
it meets all of the following requirements:

(1) The county has purchased a new voting system after January
1, 1999, and is continuing to make payments on that system on
the date that this article becomes effective.

(2) The county matches fund moneys at a ratio of one dollar
($1) of county moneys for every three dollars ($3) of fund moneys.

(3) The county has not previously requested fund money for
the purchase of a new voting system. Applications for expansion
of an existing system or components related to a previously
begin insert certified or conditionally end insert approved application shall be accepted.

(d) Fund moneys shall only be used to purchase systems certified
by the Secretary of State, pursuant to begin delete Division 19 (commencing
with Section 19001), end delete begin insert this division, end insert and begin delete in no event shall end delete fund
moneys begin insert shall not end insert be used to purchase a voting system that begin delete utilizes end delete
begin insert uses end insert prescored punch card ballots.

(e) Any voting system purchased using bond funds that does
not require a voter to directly mark on the ballot must produce, at
the time the voter votes his or her ballot or at the time the polls
are closed, a paper version or representation of the voted ballot or
of all the ballots cast on a unit of the voting system. The paper
version shall not be provided to the voter but shall be retained by
elections officials for use during the 1 percent manual recount or
other recount begin insert , audit, end insert or contest.

begin insert

begin insert SEC. 53. end insert   

end insert

begin insert Section 19234.5 of the end insert begin insert Elections Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 19234.5. end delete
begin insert 19255. end insert   

The Legislature may amend subdivisions (c) and (d)
of Section begin delete 19234 end delete begin insert 19254 end insert and Section begin delete 19235 end delete begin insert 19256 end insert by a statute,
passed in each house of the Legislature by rollcall vote entered in
the respective journals, by not less than two-thirds of the
membership in each house concurring, if the statute is consistent
with, and furthers the purposes of, this article.

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Section 19235 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19235. end delete
begin insert 19256. end insert   

The Voting Modernization Board is hereby established
and designated the “board” for purposes of the State General
Obligation Bond Law, and for purposes of administering the Voting
Modernization Fund. The board consists of five members, three
selected by the begin delete Governor, end delete begin insert Governor end insert and two selected by the
Secretary of State. The board shall have the authority to reject any
application for fund money it deems inappropriate, excessive, or
that does not comply with the intent of this article. A county whose
application is rejected shall be allowed to submit an amended
application.

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert Section 19236 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19236. end delete
begin insert 19257. end insert   

(a) All bonds authorized by this article, when duly
sold and delivered as provided herein, constitute valid and legally
binding general obligations of the State of California, and the full
faith and credit of the begin delete State of California end delete begin insert state end insert is hereby pledged
for the punctual payment of both principal and interest thereof.
The bonds issued pursuant to this article shall be repaid within 10
years from the date they are issued.

(b) There shall be collected annually, in the same manner and
at the same time as other state revenue is collected, a sum of
money, in addition to the ordinary revenues of the state, sufficient
to pay the principal of, and interest on, begin delete these end delete begin insert the end insert bonds as provided
herein. All officers required by law to perform any duty in regard
to the collection of state revenues shall collect this additional sum.

(c) On the dates on which funds are remitted pursuant to Section
16676 of the Government Code for the payment of the then
maturing principal of, and interest on, the bonds in each fiscal
year, there shall be returned to the General Fund all of the money
in the fund, not in excess of the principal of, and interest on, any
bonds then due and payable. If the money so returned on the
remittance dates is less than the principal and interest then due and
payable, the balance remaining unpaid shall be returned to the
General Fund out of the fund as soon as it shall become available,
together with interest thereon from the dates of maturity until
returned, at the same rate of interest as borne by the bonds,
compounded semiannually. This subdivision does not grant any
lien on the fund or the moneys therein to holders of any bonds
issued under this article. However, this subdivision shall not apply
in the case of any debt service that is payable from the proceeds
of any refunding bonds. For begin delete the end delete purposes of this subdivision, “debt
service” means the principal (whether due at maturity, by
redemption, or acceleration), premium, if any, or interest payable
on any date to any series of bonds.

begin insert

begin insert SEC. 56. end insert   

end insert

begin insert Section 19237 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19237. end delete
begin insert 19258. end insert   

Notwithstanding Section 13340 of the Government
Code, there is hereby continuously appropriated from the General
Fund, for purposes of this article, a sum of money that will equal
both of the following:

(a) That sum annually necessary to pay the principal of, and the
interest on, the bonds issued and sold as provided herein, as that
principal and interest become due and payable.

(b) That sum necessary to carry out Section begin delete 19238, end delete begin insert 19259, end insert
appropriated without regard to fiscal years.

begin insert

begin insert SEC. 57. end insert   

end insert

begin insert Section 19238 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19238. end delete
begin insert 19259. end insert   

For begin delete the end delete purposes of this article, the Director of Finance
may, by executive order, authorize the withdrawal from the General
Fund of a sum of money not to exceed the amount of the unsold
bonds that have been authorized by the committee to be sold
pursuant to this article. Any sums withdrawn shall be deposited
in the fund. All moneys made available under this section to the
board shall be returned by the board to the General Fund, plus the
interest that the amounts would have earned in the Pooled Money
Investment Account, from the sale of bonds for the purpose of
carrying out this article.

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Section 19239 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19239. end delete
begin insert 19260. end insert   

The board may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account,
in accordance with Section 16312 of the Government Code, for
the begin delete purposes end delete begin insert purpose end insert of carrying out this article. The amount of
the request shall not exceed the amount of unsold bonds which the
committee has, by resolution, authorized to be sold for the purpose
of carrying out this article. The board shall execute whatever
documents are required by the Pooled Money Investment Board
to obtain and repay the loan. Any amounts loaned shall be
deposited in the fund to be allocated by the board in accordance
with this article.

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 19240 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19240. end delete
begin insert 19261. end insert   

Upon request of the board, supported by a statement
of its plans and projects approved by the Governor, the committee
shall determine whether to issue any bonds authorized under this
article in order to carry out the board’s plans and projects, and, if
so, the amount of bonds to be issued and sold. Successive issues
of bonds may be authorized and sold to carry out these plans and
projects progressively, and it is not necessary that all of the bonds
be issued or sold at any one time.

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 19241 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19241. end delete
begin insert 19262. end insert   

(a) The committee may authorize the Treasurer to sell
all or any part of the bonds authorized by this article at the time
or times established by the Treasurer.

(b) Whenever the committee deems it necessary for an effective
sale of the bonds, the committee may authorize the Treasurer to
sell any issue of bonds at less than their par value, notwithstanding
Section 16754 of the Government Code. However, the discount
on the bonds shall not exceed 3 percent of the par value thereof.

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 19242 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19242. end delete
begin insert 19263. end insert   

Out of the first money realized from the sale of bonds
as provided begin delete herein, end delete begin insert by this article, end insert there shall be redeposited in the
General Obligation Bond Expense Revolving Fund, established
by Section 16724.5 of the Government Code, the amount of all
expenditures made for begin delete the end delete purposes specified in that section, and
this money may be used for the same purpose and repaid in the
same manner whenever additional bond sales are made.

begin insert

begin insert SEC. 62. end insert   

end insert

begin insert Section 19243 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19243. end delete
begin insert 19264. end insert   

Any bonds issued and sold pursuant to this article may
be refunded in accordance with Article 6 (commencing with
Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of
the Government Code. The approval of the voters for the issuance
of bonds under this article includes approval for the issuance of
bonds issued to refund bonds originally issued or any previously
issued refunding bonds.

begin insert

begin insert SEC. 63. end insert   

end insert

begin insert Section 19244 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19244. end delete
begin insert 19265. end insert   

Notwithstanding any provision of the bond act, if the
Treasurer sells bonds under this article for which bond counsel
has issued an opinion to the effect that the interest on the bonds is
excludable from gross income for purposes of federal income tax,
subject to any conditions which may be designated, the Treasurer
may establish separate accounts for the investment of bond
proceeds and for the earnings on those proceeds, and may use those
proceeds or earnings to pay any rebate, penalty, or other payment
required by federal law or take any other action with respect to the
investment and use of bond proceeds required or permitted under
federal law necessary to maintain the tax-exempt status of the
bonds or to obtain any other advantage under federal law on behalf
of the funds of this state.

begin insert

begin insert SEC. 64. end insert   

end insert

begin insert Section 19245 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19245. end delete
begin insert 19266. end insert   

The Legislature hereby finds and declares that,
inasmuch as the proceeds from the sale of bonds authorized by
this article are not “proceeds of taxes” as that term is used in Article
XIII B of the California Constitution, the disbursement of these
proceeds is not subject to the limitations imposed by Article XIII B.

begin insert

begin insert SEC. 65. end insert   

end insert

begin insert The heading of Article 4 (commencing with Section
19250) of Chapter 3 of Division 19 of the end insert begin insert Elections Code end insert begin insert is
amended and renumbered to read: end insert

 

Article begin delete 4. end delete begin insert 6. end insert   Direct Recording Electronic Voting Systems

 

begin insert

begin insert SEC. 66. end insert   

end insert

begin insert Section 19250 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19250. end delete
begin insert 19270. end insert   

begin delete

(a) On and after January 1, 2005, the

end delete

begin insert The end insert Secretary of State shall not approve a direct recording
electronic voting system unless the system begin delete has received federal
qualification and includes an accessible voter verified paper audit
trail. end delete begin insert does all of the following: end insert

begin delete

(b)

end delete

begin insert (a) end insert   begin delete On and after January 1, 2006, a city or county shall not
contract for or purchase a direct recording electronic voting system
unless the system has received federal qualification and includes end delete
begin insert Includes end insert an accessible voter verified paper audit trail.

begin delete end delete begin delete

(c) As of January 1, 2006, all direct recording electronic voting
systems in use on that date, regardless of when contracted for or
purchased, shall have received federal qualification and include
an accessible voter verified paper audit trail. If the direct recording
electronic voting system does not already include an accessible
voter verified paper audit trail, the system shall be replaced or
modified to include an accessible voter verified paper audit trail.

end delete begin delete end delete begin delete

(d)

end delete

begin insert (b) end insert   begin delete All direct recording electronic voting systems shall include end delete
begin insert Includes end insert a method by which a voter may electronically verify,
through a nonvisual method, the information that is contained on
the paper record copy of that voter’s ballot.

begin delete

(e)

end delete

begin insert (c) end insert   begin delete A end delete begin insert Allows for a end insert paper record copy that begin delete is end delete begin insert shall be end insert printed by
a voter verified paper audit trail component begin delete shall be printed end delete in the
same language that the voter used when casting his or her ballot
on the direct recording electronic voting system. For languages
that lack a written form, the paper record copy shall be printed in
English.

begin insert

begin insert SEC. 67. end insert   

end insert

begin insert Section 19251 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19251. end delete
begin insert 19271. end insert   

begin delete For purposes of end delete begin insert As used in end insert this begin delete article, the following
terms shall have the following meanings: end delete begin insert article: end insert

(a) “Accessible” means that the information provided on the
paper record copy from the voter verified paper audit trail
mechanism is provided or conveyed to voters via both a visual and
a nonvisual method, such as through an audio component.

(b) “Direct recording electronic voting system” means a voting
system that records a vote electronically and does not require or
permit the voter to record his or her vote directly onto a tangible
ballot.

(c) “Voter verified paper audit trail” means a component of a
direct recording electronic voting system that prints a
contemporaneous paper record copy of each electronic ballot and
allows each voter to confirm his or her selections before the voter
casts his or her ballot.

(d) “Federal qualification” means the system has been certified,
if applicable, by means of qualification testing by a Nationally
Recognized Test Laboratory and has met or exceeded the minimum
requirements set forth in the Performance and Text Standards for
Punch Card, Mark Sense, and Direct Recording Electronic Voting
Systems, or in any successor voluntary standard document,
developed and promulgated by the Federal Election Commission,
the Election Assistance Commission, or the National Institute of
Standards and Technology.

(e) “Paper record copy” means an auditable document printed
by a voter verified paper audit trail component that corresponds
to the voter’s electronic vote and lists the contests on the ballot
and the voter’s selections for those contests. A paper record copy
is not a ballot.

(f) “Parallel monitoring” means the testing of a randomly
selected sampling of voting equipment on election day designed
to simulate actual election conditions to confirm that the system
is registering votes accurately.

begin insert

begin insert SEC. 68. end insert   

end insert

begin insert Section 19252 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

19252.  

To the extent that they are available for expenditure
for the purposes of this article, federal funds or moneys from the
Voting Modernization Fund, created pursuant to subdivision (b)
of Section 19234, shall be used. No moneys from the General Fund
shall be expended for the purposes of this article.

end delete

begin insert

begin insert SEC. 69. end insert   

end insert

begin insert Section 19253 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19253. end delete
begin insert 19272. end insert   

(a) On a direct recording electronic voting system, the
electronic record of each vote shall be considered the official record
of the vote, except as provided in subdivision (b).

(b) (1) The voter verified paper audit trail shall be considered
the official paper audit record and shall be used for the required
1-percent manual tally described in Section 15360 and any full
recount begin insert or post-election audit end insert .

(2) The voter verified paper audit trail shall govern if there is
any difference between it and the electronic record during a
1-percent manual begin delete tally or end delete begin insert tally, end insert full recount begin insert , or post-election audit end insert .

begin insert

begin insert SEC. 70. end insert   

end insert

begin insert Section 19254 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19254. end delete
begin insert 19273. end insert   

The Secretary of State shall not begin delete approve end delete begin insert certify end insert a direct
recording electronic voting system unless the paper used for its
voter verified paper audit trail is of sufficient quality that it
maintains its integrity and readability throughout the retention
period specified in Chapter 4 (commencing with Section 17300)
of Division 17.

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 19255 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19255. end delete
begin insert 19274. end insert   

(a) For each statewide election, the Secretary of State
shall conduct parallel monitoring of each direct recording electronic
voting system on which ballots will be cast. This section shall only
apply to precincts that have more than one direct recording
electronic voting system.

(b) The results of the parallel monitoring shall be made available
prior to the certification of the election.

begin insert

begin insert SEC. 72. end insert   

end insert

begin insert The heading of Chapter 3.5 (commencing with Section
19260) of Division 19 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

 

Chapter  3.5. begin delete Approval end delete begin insert Certification end insert Of Ballot Marking
Systems

 

begin insert

begin insert SEC. 73. end insert   

end insert

begin insert Section 19260 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19260. end delete
begin insert 19280. end insert   

The Secretary of State shall not begin insert certify or conditionally end insert
approve begin delete any end delete begin insert a end insert ballot marking system, or part of a ballot marking
system, unless it fulfills the requirements of this code and the
regulations of the Secretary of State.

begin insert

begin insert SEC. 74. end insert   

end insert

begin insert Section 19261 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19261. end delete
begin insert 19281. end insert   

begin delete

(a) A

end delete

begin insert A end insert ballot marking system, in whole or in part, shall not be used
unless it has begin delete received the approval of the end delete begin insert been certified or
conditionally approved by the end insert Secretary of State prior to the
election at which it is to be first used.

begin delete

(b) A jurisdiction shall not purchase or contract for a ballot
marking system, in whole or in part, unless it has received the
approval of the Secretary of State.

end delete

begin insert

begin insert SEC. 75. end insert   

end insert

begin insert Section 19262 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19262. end delete
begin insert 19284. end insert   

(a) A begin delete person end delete begin insert person, corporation, end insert or begin delete corporation end delete begin insert public
agency end insert owning or having an interest in begin insert the sale or acquisition of end insert
a ballot marking system or a part of a ballot marking system may
apply to the Secretary of State begin delete to examine it end delete begin insert for certification that
includes testing end insert and begin delete report on its accuracy and efficiency to fulfill
its purpose. end delete begin insert examination of the applicant’s system and a report on
the findings, which shall include the accuracy and efficiency of
the ballot marking system. end insert As part of its application, the begin delete vendor end delete
begin insert applicant end insert of a ballot marking system or a part of a ballot marking
system shall notify the Secretary of State in writing of any known
defect, fault, or failure of the version of the hardware, software,
or firmware of the ballot marking system or a part of the ballot
marking system submitted. The Secretary of State shall not begin
his or her begin delete examination end delete begin insert certification process end insert until he or she receives
a completed application from the begin delete vendor end delete begin insert applicant end insert of the ballot
marking system or a part of the ballot marking system. The begin delete vendor end delete
begin insert applicant end insert shall also notify the Secretary of State in writing of any
defect, fault, or failure of the version of the hardware, software,
or firmware of the ballot marking system or a part of the ballot
marking system submitted that is discovered after the application
is submitted and before the Secretary of State submits the report
required by Section begin delete 19267. end delete begin insert 19288. end insert The Secretary of State shall
complete his or her examination without undue delay.

(b) After receiving begin delete a vendor’s end delete begin insert an applicant’s end insert written notification
of a defect, fault, or failure, the Secretary of State shall notify the
United States Election Assistance Commission or its successor
entity of the problem as soon as practicable so as to present a
reasonably complete description of the problem. The Secretary of
State shall subsequently submit a report regarding the problem to
the United States Election Assistance Commission or its successor
entity. The report shall include any report regarding the problem
submitted to the Secretary of State by the begin delete vendor. end delete begin insert applicant. end insert

(c)  begin delete The following definitions apply for purposes of end delete begin insert As used in end insert
this chapter:

(1) “Defect” means any flaw in the hardware or documentation
of begin delete an approved end delete begin insert a certified end insert or conditionally approved ballot marking
system that could result in a state of unfitness for use or
nonconformance to the manufacturer’s begin delete specifications. end delete begin insert specifications
or applicable law. end insert

(2) “Failure” means a discrepancy between the external results
of the operation of any software or firmware in begin delete an approved end delete begin insert a
certified end insert or conditionally approved ballot marking system and the
manufacturer’s product requirements for that software or firmware
begin insert or applicable law end insert .

(3) “Fault” means a step, process, or data definition in any
software or firmware in begin delete an approved end delete begin insert a certified end insert or conditionally
approved ballot marking system that is incorrect under the
manufacturer’s program specification begin insert or applicable law end insert .

begin insert

begin insert SEC. 76. end insert   

end insert

begin insert Section 19263 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19263. end delete
begin insert 19285. end insert   

The Secretary of State begin delete may make all arrangements for
the time and place end delete begin insert shall use a state-approved testing agency end insert to
examine ballot marking systems proposed begin delete to be sold end delete begin insert for use or
sale end insert in this state. He or she shall furnish a complete report of the
findings of the begin delete examining engineers end delete begin insert examination and testing end insert to
the Governor and the Attorney General.

begin insert

begin insert SEC. 77. end insert   

end insert

begin insert Section 19264 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19264. end delete
begin insert 19287. end insert   

(a) Prior to begin delete giving end delete begin insert publishing end insert his or her decision
begin delete approving end delete begin insert to certify, conditionally approve, end insert or begin delete withholding
approval end delete begin insert withhold certification end insert of begin delete any end delete begin insert a end insert ballot marking system,
the Secretary of State shall begin delete hold end delete begin insert provide for end insert a begin insert 30-day end insert public begin insert review
period and conduct a public end insert hearing to give interested persons an
opportunity to begin insert review testing and examination reports and end insert express
their views for or against begin insert certification or conditional approval of end insert
the begin insert ballot marking end insert system.

(b) The Secretary of State shall give notice of the begin insert public review
period and end insert hearing in the manner prescribed in Section 6064 of
the Government Code in a newspaper of general circulation
published in Sacramento County. The Secretary of State shall also
begin insert provide notice of the public review period and hearing on his or
her Internet Web site. The Secretary of State shall end insert transmit written
notice of the begin insert public review period and end insert hearing, at least 30 days
prior to the begin insert public review period and end insert hearing, to each county
elections official, to any person that the Secretary of State believes
will be interested in the begin insert public review period and end insert hearing, and to
any person who requests, in writing, notice of the begin insert public review
period and end insert hearing.

(c) The decision of the Secretary of begin delete State, either approving end delete begin insert State
to certify, conditionally approve, end insert or begin delete withholding end delete begin insert withhold end insert approval
of a ballot marking begin delete system, end delete begin insert system end insert shall be in writing and shall
state the findings of the Secretary of State. The decision shall be
open to public inspection.

begin insert

begin insert SEC. 78. end insert   

end insert

begin insert Section 19265 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

19265.  

The Secretary of State shall establish the specifications
for and the regulations governing ballot marking systems, and the
related software. The criteria for establishing the specifications
and regulations shall include, but not be limited to, the following:

(a) The system and its software shall be suitable for the purpose
for which it is intended.

(b) The system shall preserve the secrecy of the ballot.

(c) The system shall be safe from fraud or manipulation.

end delete

begin insert

begin insert SEC. 79. end insert   

end insert

begin insert Section 19266 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

19266.  

For the purpose of assistance in examining a ballot
marking system, the Secretary of State may employ not more than
three expert electronic technicians at a cost to be set by the
Secretary of State. The compensation of the electronic technicians
shall be paid by the person or corporation submitting the ballot
marking system.

The Secretary of State may require the person or corporation
submitting the ballot marking system to deposit sufficient funds
to guarantee the payment of the examination charges. The Secretary
of State may deposit the funds in an appropriate treasury trust
account and, within 30 days after his or her report of examination,
draw a refund check to the credit of the person or corporation for
any amount in excess of costs.

end delete

begin insert

begin insert SEC. 80. end insert   

end insert

begin insert Section 19267 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19267. end delete
begin insert 19288. end insert   

Within begin delete 30 end delete begin insert 60 end insert days after begin delete completing end delete the begin insert completion of
the end insert examination of begin delete any end delete begin insert a end insert ballot marking system, the Secretary of
State shall begin delete place on file end delete begin insert make publicly available end insert a report stating
begin delete whether, in his or her opinion, end delete begin insert whether end insert the begin delete kind of end delete ballot marking
system begin delete examined can safely be used. The report shall also contain
a written end delete begin insert has been certified end insert or begin delete printed description and drawings
and photographs clearly identifying the system and its operation. end delete
begin insert conditionally approved, or whether certification has been withheld. end insert

begin insert

begin insert SEC. 81. end insert   

end insert

begin insert Section 19268 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin delete

19268.  

If the report states that the ballot marking system can
be used, it shall be deemed approved by the Secretary of State and
systems of its kind may be adopted for use at elections.

end delete

begin insert

begin insert SEC. 82. end insert   

end insert

begin insert Section 19269 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19269. end delete
begin insert 19289. end insert   

Within 10 days after begin insert issuing and end insert filing begin delete the report, end delete begin insert a
certification decision and associated testing reports, end insert the Secretary
of State shall send a copy to the board of supervisors of each
county.

begin insert

begin insert SEC. 83. end insert   

end insert

begin insert Section 19270 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19270. end delete
begin insert 19290. end insert   

(a)  begin delete When end delete begin insert If end insert a ballot marking system has been begin insert certified
or conditionally end insert approved by the Secretary of State, the vendor begin insert or
proprietor county, in cases where the system is publicly owned, end insert
shall notify the Secretary of State and all local elections officials
who use the system in writing of any defect, fault, or failure of the
hardware, software, or firmware of the system or a part of the
system within 30 calendar days after the vendor learns of the defect,
fault, or failure.

(b) After receiving begin delete a vendor’s end delete written notification of a defect,
fault, or failure pursuant to subdivision (a), the Secretary of State
shall notify the United States Election Assistance Commission or
its successor entity of the problem as soon as practicable so as to
present a reasonably complete description of the problem. The
Secretary of State shall subsequently submit a report regarding the
problem to the United States Election Assistance Commission or
its successor entity. The report shall include any report regarding
the problem submitted to the Secretary of begin delete State by the vendor. end delete
begin insert State. end insert

begin insert

begin insert SEC. 84. end insert   

end insert

begin insert Section 19271 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19271. end delete
begin insert 19291. end insert   

begin delete When end delete begin insert If end insert a ballot marking system has been begin insert certified or
conditionally end insert approved by the Secretary of State, it shall not be
changed or modified until the Secretary of State has been notified
in writing and has determined that the change or modification does
not impair its accuracy and efficiency sufficient to require a
reexamination and begin insert recertification or end insert reapproval pursuant to this
chapter. The Secretary of State may adopt rules and regulations
governing the procedures to be followed in making his or her
determination as to whether the change or modification impairs
accuracy or efficiency.

begin insert

begin insert SEC. 85. end insert   

end insert

begin insert Section 19272 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19272. end delete
begin insert 19292. end insert   

The Secretary of State may seek injunctive and
administrative relief begin delete when end delete begin insert if end insert a ballot marking system has been
compromised by the addition or deletion of hardware, software,
or firmware without prior approval or is defective due to a known
hardware, software, or firmware defect, fault, or failure that has
not been disclosed pursuant to Section begin delete 19270. end delete begin insert 19284 or 19290. end insert

begin insert

begin insert SEC. 86. end insert   

end insert

begin insert Section 19273 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19273. end delete
begin insert 19293. end insert   

(a) The Secretary of State may seek all of the following
relief for an unauthorized change in hardware, software, or
firmware in a ballot marking system begin delete approved end delete begin insert certified end insert or
conditionally approved in California:

(1) A civil penalty from the offending party or parties, not to
exceed ten thousand dollars ($10,000) per violation. For purposes
of this subdivision, each ballot marking system component found
to contain the unauthorized hardware, software, or firmware shall
be considered a separate violation. A penalty imposed pursuant to
this subdivision shall be apportioned 50 percent to the county in
which the violation occurred, if applicable, and 50 percent to the
Office of the Secretary of State for purposes of bolstering ballot
marking system security efforts.

(2) Immediate commencement of proceedings to withdraw
begin insert certification or conditional end insert approval for the ballot marking system
in question.

(3) Prohibiting the manufacturer or vendor of a ballot marking
system from doing elections-related business in the state for one,
two, or three years.

(4) Refund of all moneys paid by a local agency for a ballot
marking system or a part of a ballot marking system that is
compromised by an unauthorized change or modification, whether
or not the ballot marking system has been used in an election.

(5) Any other remedial actions authorized by law to prevent
unjust enrichment of the offending party.

(b) (1) The Secretary of State may seek all of the following
relief for a known but undisclosed defect, fault, or failure in a
ballot marking system or part of a ballot marking system begin delete approved end delete
begin insert certified end insert or conditionally approved in California:

(A) Refund of all moneys paid by a local agency for a ballot
marking system or part of a ballot marking system that is defective
due to a known but undisclosed defect, fault, or failure, whether
or not the ballot marking system has been used in an election.

(B) A civil penalty from the offending party or parties, not to
exceed fifty thousand dollars ($50,000) per violation. For purposes
of this subdivision, each defect, fault, or failure shall be considered
a separate violation. A defect, fault, or failure constitutes a single
violation regardless of the number of ballot marking system units
in which the defect, fault, or failure is found.

(C) In addition to any other penalties or remedies established
by this section, the offending party or parties shall be liable in the
amount of one thousand dollars ($1,000) per day after the
applicable deadline established in Section begin delete 19270 end delete begin insert 19290 end insert until the
required disclosure is filed with the Secretary of State.

(2) A penalty imposed pursuant to subparagraph (B) or (C) of
paragraph (1) shall be deposited in the General Fund.

(c)  begin delete Prior to end delete begin insert Before end insert seeking any measure of relief under this
section, the Secretary of State shall hold a public hearing. The
Secretary of State shall give notice of the hearing in the manner
prescribed by Section 6064 of the Government Code in a
newspaper of general circulation published in Sacramento County.
The Secretary of State also shall transmit written notice of the
hearing, at least 30 days prior to the hearing, to each county
elections official, the offending party or parties, any persons that
the Secretary of State believes will be interested in the hearing,
and any persons who request, in writing, notice of the hearing.

(d) The decision of the Secretary of begin delete State, end delete begin insert State end insert to seek relief
under this begin delete section, end delete begin insert section end insert shall be in writing and state his or her
findings. The decision shall be open to public inspection.

begin insert

begin insert SEC. 87. end insert   

end insert

begin insert Section 19274 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19274. end delete
begin insert 19294. end insert   

(a) The Secretary of State may seek injunctive relief
requiring an elections official, or any vendor or manufacturer of
a ballot marking system, to comply with the requirements of this
code, the regulations of the Secretary of State, and the
specifications for the ballot marking system, and its software,
including the programs and procedures for vote marking and
testing.

(b) Venue for a proceeding under this section shall be
exclusively in Sacramento County.

begin insert

begin insert SEC. 88. end insert   

end insert

begin insert Section 19275 of the end insert begin insert Elections Code end insert begin insert is amended and
renumbered to read: end insert

begin delete 19275. end delete
begin insert 19295. end insert   

A ballot marking system or part of a ballot marking
system shall not do any of the following:

(a) Have the capability, including an optional capability, to use
a remote server to mark a voter’s selections transmitted to the
server from the voter’s computer via the Internet.

(b) Have the capability, including an optional capability, to store
any voter identifiable selections on any remote server.

(c) Have the capability, including the optional capability, to
tabulate votes.

begin insert

begin insert SEC. 89. end insert   

end insert

begin insert Section 19282 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 19282. end insert   

The Secretary of State shall not certify or conditionally
approve any ballot marking system that includes features that
permit a voter to produce a copy or facsimile of the ballot cast by
the voter at that polling place.

end insert

begin insert

begin insert SEC. 90. end insert   

end insert

begin insert Section 19283 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 19283. end insert   

The Secretary of State shall adopt and publish standards
and regulations governing the use of ballot marking systems. The
Secretary of State may also adopt voluntary federal voting system
standards established by the United States Election Assistance
Commission or its successor agency.

end insert

begin insert

begin insert SEC. 91. end insert   

end insert

begin insert Section 19286 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 19286. end insert   

The person, corporation, or public agency applying
for certification of a ballot marking system is responsible for all
costs associated with the testing and examination of the ballot
marking system.

end insert

begin delete

SECTION 1.  

Section 19202 of the Elections Code is amended
to read:

19202.  

(a) To request the Secretary of State to approve a voting
system, in whole or in part, the person, corporation, or county
owning or being interested in the voting system or a part of the
voting system shall apply to the Secretary of State to examine it
and report on its accuracy and efficiency to fulfill its purpose. As
part of its application, the vendor of a voting system or the part of
a voting system shall notify the Secretary of State in writing of
any known defect, fault, or failure of the version of the hardware,
software, or firmware of the voting system or a part of the voting
system submitted. The Secretary of State shall not begin his or her
examination until he or she receives a completed application from
the vendor of the voting system or a part of the voting system. The
vendor shall also notify the Secretary of State in writing of any
defect, fault, or failure of the version of the hardware, software,
or firmware of the voting system or a part of the voting system
submitted that is discovered after the application is submitted and
before the Secretary of State submits the report required by Section
19207. The Secretary of State shall complete his or her examination
without undue delay.

(b) After receiving a vendor’s written notification of a defect,
fault, or failure, the Secretary of State shall notify the United States
Election Assistance Commission or its successor entity of the
problem as soon as practicable so as to present a reasonably
complete description of the problem. The Secretary of State shall
subsequently submit a report regarding the problem to the United
States Election Assistance Commission or its successor entity. The
report shall include any report regarding the problem submitted
to the Secretary of State by the vendor.

(c) The following definitions apply for purposes of this article:

(1) “Defect” means any flaw in the hardware or documentation
of an approved or conditionally approved voting system that could
result in a state of unfitness for use or nonconformance to the
manufacturer’s specifications.

(2) “Failure” means a discrepancy between the external results
of the operation of any software or firmware in an approved or
conditionally approved voting system and the manufacturer’s
product requirements for that software or firmware.

(3) “Fault” means a step, process, or data definition in any
software or firmware in an approved or conditionally approved
voting system that is incorrect under the manufacturer’s program
specification.

SEC. 2.  

Section 19206 of the Elections Code is amended to
read:

19206.  

For the purpose of assistance in examining a voting
system the Secretary of State may employ not more than three
expert electronic technicians at a cost to be set by the Secretary of
State. The compensation of the electronic technicians shall be paid
by the person, corporation, or county submitting the machine or
device.

The Secretary of State may require the person, corporation, or
county submitting the machine or device to deposit sufficient funds
to guarantee the payment of the examination charges. The Secretary
of State may deposit the funds in an appropriate treasury trust
account and, within 30 days after his or her report of examination,
draw a refund check to the credit of the person or corporation for
any amount in excess of costs.

SEC. 3.  

Section 19250 of the Elections Code is amended to
read:

19250.  

(a) On and after January 1, 2005, the Secretary of State
shall not approve a direct recording electronic voting system unless
the system has received federal qualification and includes an
accessible voter verified paper audit trail.

(b) (1) Except as provided in paragraph (2), on and after January
1, 2006, a city or county shall not contract for or purchase a direct
recording electronic voting system unless the system has received
federal qualification and includes an accessible voter verified paper
audit trail.

(2) A county may develop, or contract with a vendor to develop,
a direct recording electronic voting system before the voting system
has received federal qualification, provided that the voting system
receives federal qualification prior to any election at which it is to
be first used.

(c) As of January 1, 2006, all direct recording electronic voting
systems in use on that date, regardless of when contracted for or
purchased, shall have received federal qualification and include
an accessible voter verified paper audit trail. If the direct recording
electronic voting system does not already include an accessible
voter verified paper audit trail, the system shall be replaced or
modified to include an accessible voter verified paper audit trail.

(d) All direct recording electronic voting systems shall include
a method by which a voter may electronically verify, through a
nonvisual method, the information that is contained on the paper
record copy of that voter’s ballot.

(e) A paper record copy that is printed by a voter verified paper
audit trail component shall be printed in the same language that
the voter used when casting his or her ballot on the direct recording
electronic voting system. For languages that lack a written form,
the paper record copy shall be printed in English.

end delete