BILL ANALYSIS �
AB 1929
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CONCURRENCE IN SENATE AMENDMENTS
AB 1929 (Gorell)
As Amended June 28, 2012
2/3 vote. Urgency
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|ASSEMBLY: |74-0 |(May 29, 2012) |SENATE: |35-0 |(August 23, |
| | | | | |2012) |
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Original Committee Reference: E. & R.
SUMMARY : Establishes processes and procedures for the review
and approval of ballot marking systems, as defined, for use in
California elections. Specifically, this bill :
1)Defines a 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 at any time to a voting
system.
2)Requires the Secretary of State (SOS) to study and adopt
regulations governing the use of ballot marking systems and
establishes procedures for the review and approval of ballot
marking systems.
3)Permits a person or corporation owning or being interested in
a ballot marking system to apply to the SOS to examine and
report on its accuracy and efficiency to fulfill its purpose.
Requires a vendor of such a system, upon and after submission
of an application, to notify the SOS in writing of any known
defect, fault, or failure of the hardware, software, or
firmware of the ballot marking system or part of the system.
4)Permits the SOS to employ not more than three expert
electronic technicians to assist in examining a ballot marking
system. Requires the compensation of the technicians to be
paid by the person or corporation submitting the system, and
permits the SOS to require a deposit of sufficient funds to
guarantee the payment of the examination charges.
5)Requires a vendor, upon approval of the ballot marking system,
to notify the SOS and all local elections officials who use
the system, of any defect, fault, or failure of the hardware,
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software, or firmware of the system or part of the system
within 30 calendar days after the vendor learns of the defect,
fault, or failure.
6)Prohibits a ballot marking system approved by the SOS from
being changed or modified until the SOS has been notified in
writing and determined that the change or modification does
not impair its accuracy and efficiency sufficient to require
reexamination and re-approval.
7)Permits the SOS to seek relief, as specified, for an
unauthorized change in hardware, software, or firmware or a
known and undisclosed defect, fault, or failure, in a ballot
marking system approved or conditionally approved in
California.
8)Contains an urgency clause.
The Senate amendments :
1)Eliminate the ability of any vendor of an online ballot
marking system to temporarily capture and store any ballot
marking data derived from the process of marking a ballot.
2)Prohibit a ballot marking system or part of the system from
having 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,
store any voter identifiable selections on any remote server,
or tabulate votes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, 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 SOS will additionally incur costs for conducting hearings,
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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.
COMMENTS : According to the author, "The delays caused by the
current voting system disenfranchises United States citizens who
are serving in the military overseas because the current voting
process often does not allow ballots to be received by election
offices in time to be counted. It is vital to protect the
constitutional right of all U.S. citizens to vote, particularly
those who are risking their lives overseas in order to protect
the freedom and rights of all US citizens. By utilizing the
available technology today, we can ensure that our service men
and women overseas can exercise their Constitutional right as
U.S. citizens. AB 1929 clarifies some of the definitions and
terms within California's current election code to pave a path
for a smooth implementation of a voting system that allows
military overseas to electronically print their ballot and cast
their vote via fax or mail. This would drastically speed up the
amount of time it takes for military personnel overseas to cast
their vote and ensures their votes are counted."
The Senate amendments prohibit a ballot marking system or a part
of a ballot marking system, as defined, from having the
capability, including the optional capability, to use a remote
server to mark the voter's selections transmitted to the server
from the voter's computer via the Internet, to store any voter
identifiable selections on any remote server, or to tabulate
votes. These prohibitions ensure a voter's private information
and voting selections are not stored or captured temporarily on
a vendor's remote server thereby providing a greater level of
security and reducing the threat of data manipulation. This
bill, as amended by the Senate, is consistent with the Assembly
actions.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094 FN:
0005027
AB 1929
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