Chapter 7Preservation of Electronic Data

Section § 17600

Explanation

This section defines specific terms related to voting technology used in elections. A "Ballot image" is a digital copy of a ballot generated on a voting machine. "Certified voting technology" refers to all election systems approved by the Secretary of State, including associated hardware and software. "Chain of custody" tracks who handles voting technology and when. "Electronic data" includes software and logs related to voting technology. "End of lifecycle" involves securely erasing all data from voting technology, making it nonfunctional. "HASH" is a digital fingerprint used to verify software authenticity. "Lifecycle" covers the entire period from when voting technology is certified until it is wiped clean and decommissioned.

For purposes of this chapter, the following terms have the following meanings:
(a)CA Elections Code § 17600(a) “Ballot image” means an electronically captured or generated image of a ballot that is created on a voting device or machine, which contains a list of contests on the ballot, may contain the voter selections for those contests, and complies with the ballot layout requirements.
(b)CA Elections Code § 17600(b) “Certified voting technology” means any certified voting technologies certified by the Secretary of State, including voting systems, ballot on demand printing systems, electronic poll book systems, or adjudication systems, and the hardware, firmware, software, proprietary intellectual property they contain, any components, and any products they generate, including ballots, ballot images, reports, logs, cast vote records, or electronic data.
(c)CA Elections Code § 17600(c) “Chain of custody” means a process used to track the movement and control of certified voting technology, as defined in subdivision (b), through its lifecycle by documenting each person and organization who handles certified voting technology, the date and time it was collected or transferred, and the purpose of the transfer. A break in the chain of custody refers to a period during which control of the certified voting technology is uncertain and during which actions taken on the certified voting technology are unaccounted for or unconfirmed.
(d)CA Elections Code § 17600(d) “Electronic data” includes voting technology software, operating systems, databases, firmware, drivers, and logs.
(e)CA Elections Code § 17600(e) “End of lifecycle” means the secure clearing or wiping of the certified voting technology so that no software, firmware, or data remains on the equipment and the equipment becomes a nonfunctioning piece of hardware.
(f)CA Elections Code § 17600(f) “HASH” means a mathematical algorithm used to create a digital fingerprint of a software program, which is used to validate software as identical to the original.
(g)CA Elections Code § 17600(g) “Lifecycle” of certified voting technology means the entire lifecycle of the certified voting technology from the time of certification and trusted build creation through the end of lifecycle of the certified voting technology.
ballot image voting device certified voting technology chain of custody electronic data end of lifecycle secure clearing HASH algorithm digital fingerprint voting technology software adjudication systems ballot on demand printing cast vote records electronic poll book systems trusted build creation
(Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)

Section § 17601

Explanation

This law involves handling electronic data for certain high-profile elections, such as voting for the President, Vice President, and members of Congress. After these elections, all electronic data related to voting systems must be stored unchanged by election officials for 22 months. This includes data like ballot images, voting system data, and remote voting data.

If there are no election contests or criminal cases about election fraud within this time frame, the stored data can be destroyed. The purpose is to ensure data is available if questions about the election arise.

(a)CA Elections Code § 17601(a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.
(b)CA Elections Code § 17601(b) The following data shall be kept by the elections official, on electronic media, stored and unaltered, for 22 months from the date of the election:
(1)CA Elections Code § 17601(b)(1) All voting system electronic data.
(2)CA Elections Code § 17601(b)(2) All ballot on demand system electronic data, if applicable.
(3)CA Elections Code § 17601(b)(3) All adjudication electronic data.
(4)CA Elections Code § 17601(b)(4) All remote accessible vote by mail system electronic data, if applicable.
(5)CA Elections Code § 17601(b)(5) All electronic poll book electronic data, if applicable.
(6)CA Elections Code § 17601(b)(6) HASH values taken from the voting technology devices, if applicable.
(7)CA Elections Code § 17601(b)(7) All ballot images.
(c)CA Elections Code § 17601(c) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, using the ballot tally system to mark or falsify ballots, or manipulation of the ballot tally system, is not commenced within the 22-month period, either of which may involve the vote count of the precinct from which voted ballots were received, the elections official shall have the backups destroyed.
election data retention electronic voting records ballot images voting system data ballot on demand system adjudication electronic data accessible vote by mail electronic poll book data HASH values election fraud contest period election data destruction fraudulent voting vote count integrity election contest timeline
(Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)

Section § 17602

Explanation

This law outlines the rules for handling electronic data in certain state or local elections, as long as federal candidates aren't on the same ballot. It mandates that elections officials store specific types of electronic data, like voting system and ballot images, unchanged for six months. If no election contest or related fraud prosecution is started in this period, this data can be destroyed. The data includes electronic poll books, ballot on demand systems, and more.

(a)CA Elections Code § 17602(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17601. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.
(b)CA Elections Code § 17602(b) The following data shall be kept by the elections official, on electronic media, stored and unaltered, for six months from the date of the election:
(1)CA Elections Code § 17602(b)(1) All voting system electronic data.
(2)CA Elections Code § 17602(b)(2) All ballot on demand system electronic data, if applicable.
(3)CA Elections Code § 17602(b)(3) All adjudication electronic data.
(4)CA Elections Code § 17602(b)(4) All remote accessible vote by mail system electronic data, if applicable.
(5)CA Elections Code § 17602(b)(5) All electronic poll book electronic data, if applicable.
(6)CA Elections Code § 17602(b)(6) HASH values taken from the voting technology devices, if applicable.
(7)CA Elections Code § 17602(b)(7) All ballot images, if applicable.
(c)CA Elections Code § 17602(c) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, using the ballot tally system to mark or falsify ballots, or manipulation of the ballot tally system is not commenced within the six-month period, either of which may involve the vote count of the precinct from which voted ballots were received, the elections official shall have the backups destroyed.
state elections local elections electronic voting data data retention ballot images election contests fraudulent use ballot tally system electronic poll books voting system electronic data ballot on demand adjudication data remote vote by mail election data destruction HASH values
(Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)

Section § 17603

Explanation

This law outlines what to do when certified voting technology equipment reaches the end of its lifecycle or if its security is compromised. When voting equipment is at the end of its lifecycle, it can be disposed of or destroyed securely, but only with written approval from both the manufacturer and the Secretary of State.

If any part of the equipment is compromised or a security breach is attempted, the chief elections official and the Secretary of State must be notified within 24 hours. The equipment should be taken out of service immediately and replaced if possible. Additionally, an evaluation is necessary to determine if the system and its data can be restored to their original, secure state.

(a)CA Elections Code § 17603(a) Certified voting technology equipment and components that are at the end of lifecycle may be securely disposed of or destroyed with the written approval of the manufacturer and the Secretary of State.
(b)CA Elections Code § 17603(b) With respect to any part or component of certified voting technology for which the chain of custody has been compromised or the security or information has been breached or attempted to be breached, all of the following shall occur:
(1)CA Elections Code § 17603(b)(1) The chief elections official of the city, county, or special district and the Secretary of State shall be notified within 24 hours of discovery.
(2)CA Elections Code § 17603(b)(2) The equipment shall be removed from service immediately and replaced if possible.
(3)CA Elections Code § 17603(b)(3) The integrity and reliability of the certified voting technology system, components, and accompanying electronic data shall be evaluated to determine whether they can be restored to their original state and reinstated.
voting technology equipment end of lifecycle disposal security breach chain of custody notification within 24 hours equipment removal system integrity evaluation reinstating voting systems secure disposal Secretary of State approval manufacturer approval data restoration election equipment replacement
(Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)