BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1929 (Gorell) - Ballot Marking Systems
Amended: June 28, 2012 Policy Vote: E&CA 5-0
Urgency: Yes Mandate: No
Hearing Date: August 16, 2012
Consultant: Maureen Ortiz
SUSPENSE FILE.
Bill Summary: AB 1929 requires the Secretary of State (SOS) to
study and adopt regulations relating to the use of ballot
marking systems by special absentee voters.
Fiscal Impact: Although the costs of reviewing and testing a
ballot marking system will be paid for by the vendor that
submits the system, staff estimates that the SOS will likely
incur costs of over $50,000 to study and adopt regulations
governing the use of ballot marking systems before a vendor can
submit a system for approval.
The Secretary of State will additionally incur costs for
conducting hearings, and examinations. AB 1929 authorizes the
SOS to employ up to three expert electronic technicians, and
requires their compensation to be paid by the vendor that
submits the ballot marking system.
Background: A "special absentee voter" is an elector who is any
of the following:
- A member of the Armed Forces of any auxiliary branch
thereof;
- A citizen of the U. S. temporarily living outside of the
territorial limits of the U. S.,
- Servicing on a merchant vessel documented under the laws
of the U. S., or
- A spouse or dependent of a member of the Armed Forces of
any auxiliary branch.
Existing law requires the county elections official to mail a
ballot to all special absentee voters and overseas voters who
are permanent vote by mail voters as soon as possible on or
AB 1929 (Gorell)
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after the 60th day prior to an election. Existing law permits
ballots to be sent by mail, facsimile, or electronic
transmission. A special absentee ballot may be returned by mail
or by fax transmission.
A voting system must be approved by the Secretary of State prior
to its use, and is prohibited from being connected to the
Internet or from electronically receiving or transmitting
election data through an exterior communication network,
including a public telephone system, when the communication
originates from or terminates at a polling place, satellite
location, or counting center - or from receiving or transmitting
wireless communications or wireless data transfers.
Proposed Law: AB 1929 establishes processes and procedures for
the review and approval of "ballot marking systems" for use in
California elections.
AB 1929 requires the Secretary of State to study and adopt
regulations relating to the use of ballot marking systems. The
bill also provides that no later than 10 business days after the
Secretary of State approves the use of a new or updated ballot
marking system, the vendor of the ballot marking system shall
put 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 into an approved escrow
facility.
AB 1929 defines "ballot marking system" as any mechanical,
electromechanical, or electronic system and its software that is
used for the sole purpose of marking a ballot for a special
absentee voter and is not connected to a voting system at any
time. The bill specifically provides that a ballot marking
system is not a voting system. A ballot marking system shall
not have the capability to use a remote server to mark a voter's
selections transmitted to the server from the voter's computer
via the Internet, and may not store or tabulate votes.
Any vendor of a ballot marking system must submit an application
to the Secretary of State. The SOS will conduct an examination
and will furnish a complete report of the findings of the
examining engineers to the Governor and the Attorney General.
AB 1929 (Gorell)
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The SOS must hold a public hearing to give interested persons an
opportunity to express their views for or against the system.
AB 1929 further requires the SOS to establish the specifications
for and the regulations governing ballot marking systems, and
the related software to ensure its suitability, to preserve the
secrecy of the ballot, and to be safe from fraud or
manipulation. The SOS will be authorized to employ up to three
expert electronic technicians, but their compensation will be
paid by the vendor that submits the ballot marking system.
Vendors will be required to deposit sufficient funds to
guarantee the payment of the examination charges.
The SOS must issue a report within 30 days after completing the
examination of any ballot marking system stating whether it can
safely be used in a California election, thereby issuing final
approval for use of the system. A copy of the report will be
sent to the board of supervisors in every county within 10 days
after it is filed.
AB 1929 additionally authorizes the Secretary of State to seek
injunctive and administrative relief when a ballot marking
system has been compromised by the addition or deletion of
hardware, software, or firmware without prior approval or if it
is found to be defective. A civil penalty of up to $10,000 per
violation will be split between the Secretary of State and the
county where the violation occurred. The penalty for a known,
but undisclosed defect, fault, or failure in a system will be
subject to a civil penalty of up to $50,000 per violation.
Staff Comments: AB 1929 is an urgency measure intended to
potentially allow the use of a ballot marking system in the
upcoming statewide general election in November.