BILL ANALYSIS Ó
SB 360
Page 1
SENATE THIRD READING
SB 360 (Padilla)
As Amended August 6, 2013
Majority vote
SENATE VOTE :27-9
ELECTIONS 5-1 APPROPRIATIONS 12-0
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|Ayes:|Fong, Bocanegra, Bonta, |Ayes:|Gatto, Bocanegra, |
| |Hall, Perea | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Makes significant changes to procedures and criteria
for the certification and approval of a voting system. Expands
the use of Voting Modernization Fund monies and authorizes a
county to use those monies to purchase a conditionally approved
voting system, as specified, for research and development of a
nonproprietary voting system that uses disclosed source code, as
specified, or to manufacture a limited number of voting system
units for use in a pilot program, as specified, or for
submission to the Secretary of State (SOS) for certification, as
specified. Requires the SOS to adopt and publish regulations,
as specified, governing the experimental use of a voting system
in a pilot programs. Specifically, this bill :
1)Recasts and revises various procedures and criteria for the
SOS's approval of voting systems by changing the term
"approval" to the term "certification" and authorizes the SOS
to certify, conditionally approve, or withhold approval of a
voting system, as specified.
2)Deletes provisions of law that prohibit a jurisdiction from
purchasing or contracting for an electronic voting system
unless it has received federal qualification, and instead
prohibits a jurisdiction from purchasing or contracting for a
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voting system unless it has been certified or conditionally
approved by the SOS, except as specified.
3)Authorizes Voting Modernization Fund monies to be used to
purchase systems certified or conditionally approved by the
SOS, instead of only systems certified by the SOS. Permits a
county to use fund moneys to contract and pay for the
following:
a) Research and development of a new voting system that has
not been certified or conditionally approved by the SOS and
uses only nonproprietary software and firmware with
disclosed source code, except for unmodified commercial
off-the-shelf software and firmware, as defined; or,
b) Manufacture of the minimum number of voting system units
reasonably necessary for either of the following purposes:
i) To test and seek certification or conditional
approval of the voting system pursuant to the provisions
of this bill; or,
ii) To test and demonstrate the capabilities of the
voting system in a pilot program, as specified.
4)Requires the SOS to adopt and publish voting system standards
and regulations governing the use of voting systems, as
specified. Requires the standards to meet or exceed federal
voluntary voting system guidelines set forth by the United
States Election Assistance Commission (EAC) or its successor
agency, as specified.
5)Authorizes a governing board, without formally adopting a
voting system, to provide for the experimental use of a voting
system in a pilot program, as specified, if the voting system
complies with either of the following:
a) The voting system is certified or conditionally approved
prior to its experimental use; or,
b) The voting system meets all of the following
requirements:
i) Uses only software and firmware with disclosed
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source code, except for unmodified commercial
off-the-shelf software and firmware;
ii) Meets the requirements set forth in the SOS's voting
system standards and regulations governing the use of a
voting system, as specified;
iii) Meets the requirements set forth in pilot program
regulations adopted by the SOS pursuant to this bill;
and,
iv) Implements risk-limiting audits, as specified.
6)Provides that a voting system that meets all of the
requirements above does not need to be certified or
conditionally approved prior to its experimental use in a
pilot program, if certain conditions are met.
7)Requires a governing board to submit a plan for the pilot
program to the SOS for approval, as specified. Requires the
SOS to adopt and publish regulations governing voting system
pilot programs. Prohibits a voting system pilot program from
being conducted in a legally binding election without prior
the approval of the SOS.
8)Repeals provisions of law that permit the SOS to employ three
expert technicians to examine a voting system, and instead
requires the SOS to use a state-approved testing agency, as
defined, or expert technicians, to examine and test voting
systems or parts of voting systems proposed for use or sale in
the state.
9)Requires the SOS to publish requirements for the approval of
state-approved testing agencies, as specified, and to publish
a list of authorized state-approved testing agencies.
10)Requires the SOS to publish and make publicly available on
his or her Internet Web site a quarterly report of regulatory
activities related to voting systems.
11)Makes other technical and conforming changes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor ongoing General Fund costs, in the range of
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$50,000, to the SOS associated with additional voting system
evaluation responsibilities formerly conducted by the EAC and
for evaluation of any voting system pilot programs. The SOS
indicates that voting systems standards and regulations
consistent with this bill's requirements are already planned or
under development.
COMMENTS : According to the author, "In California, voting
systems are a patchwork of different technologies that are
developed, leased and sold to 58 counties by half a dozen
different vendors. Counties only partially own their systems
which limits access and transparency of the hardware and
software. Election equipment is subject to licensing
agreements, which means counties must hire the vendor for
repairs and maintenance.
"I have introduced SB 360 to ensure the public can own their
vote and have full access to every part of their voting system.
We trust election officials to conduct our elections, we should
trust them to create and maintain our voting systems.
"One of the driving forces behind the public ownership of voting
systems is the Los Angeles County Registrar-Recorder/County
Clerk. L.A. County is the most populated and geographically
expansive county in the U.S. and the most complex election
jurisdiction in the nation? The County is in the process of
developing a voting system that meets their unique needs. The
development of the system has been open, transparent, and
included many political stakeholders, including political
parties and election protection advocates."
Please see the policy committee analysis for a full discussion
on this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN:
0001835
SB 360
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