The Secretary of State shall study and adopt regulations governing the use of voting machines, voting devices, vote tabulating devices, and ballot marking systems, and shall be responsible for certifying voting systems for use in this state.
Chapter 2Secretary of State Requirements
Section § 19100
This law requires the Secretary of State to create rules for using voting machines and devices and to approve voting systems for elections in the state.
voting machines voting devices vote tabulation ballot marking systems certifying voting systems election regulations Secretary of State responsibilities voting technology standards election equipment certification California election systems
Section § 19101
The Secretary of State in California is responsible for setting and publishing standards for voting systems. These systems must at least meet the requirements outlined in the Help America Vote Act of 2002 and should incorporate the best practices in election technology. The Secretary has the authority to mandate extra testing to ensure compliance with these standards.
The established standards require that voting machines and software be suitable for their intended use, maintain ballot secrecy, be protected from fraud or manipulation, and be accessible. Accessibility includes provisions for voters with disabilities and those needing language assistance where required by law.
(a)CA Elections Code § 19101(a) The Secretary of State shall adopt and publish voting system standards and regulations governing the use of voting systems that meet the minimum requirements of the Help America Vote Act of 2002 (52 U.S.C. Sec. 21081 et seq.) and that incorporate best practices in election technology. The Secretary of State may require additional testing to ensure that voting systems meet the requirements of this code.
(b)CA Elections Code § 19101(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)CA Elections Code § 19101(b)(1) The machine or device and its software shall be suitable for the purpose for which it is intended.
(2)CA Elections Code § 19101(b)(2) The system shall preserve the secrecy of the ballot.
(3)CA Elections Code § 19101(b)(3) The system shall be safe from fraud or manipulation.
(4)CA Elections Code § 19101(b)(4) The system shall be accessible to voters with disabilities pursuant to Section 19242 and applicable federal laws.
(5)CA Elections Code § 19101(b)(5) The system shall be accessible 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 pursuant to Section 14201 and applicable federal laws.
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Section § 19102
This law requires the Secretary of State to evaluate how well voting systems work in California.
The Secretary of State shall study the performance of voting systems in use in the state.
Secretary of State voting systems performance evaluation California elections election technology voting system analysis electoral process voting system performance election integrity voting machine assessment
Section § 19103
This law states that the leaders of two specific legislative committees are to meet with the Secretary of State to help out as long as it doesn't interfere with their legislative duties. They form a joint committee that handles election-related matters according to their designated powers and rules.
The Chairperson of the Senate Standing Committee on Elections and Constitutional Amendments and the Chairperson of the Assembly Standing Committee on Elections and Redistricting 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 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.
Senate Standing Committee on Elections Assembly Standing Committee on Elections and Redistricting Secretary of State joint interim legislative committee election assistance committee powers legislative duties Joint Rules of Senate and Assembly constitutional amendments redistricting legislative committees election oversight participation in elections legislative participants election-related duties
Section § 19104
This law requires the Secretary of State to create procedures for voting during a natural disaster or state of emergency by December 31, 2014. The Secretary must also publish these procedures online and report to the Legislature on the state's readiness to conduct elections in such situations.
The obligation to submit this report ended on December 31, 2018, and any report made must follow specific guidelines in the Government Code.
(a)CA Elections Code § 19104(a) The Secretary of State shall do both of the following by December 31, 2014:
(1)CA Elections Code § 19104(a)(1) In consultation with county elections officials, establish the procedures and guidelines for voting in the event of a natural disaster or other state of emergency. The Secretary of State shall publish the procedures and guidelines on his or her Internet Web site.
(2)CA Elections Code § 19104(a)(2) Submit a report to the Legislature on the readiness of the state to hold elections during or following a natural disaster or other state of emergency.
(b)Copy CA Elections Code § 19104(b)
(1)Copy CA Elections Code § 19104(b)(1) The requirement for submitting a report imposed under paragraph (2) of subdivision (a) is inoperative on December 31, 2018, pursuant to Section 10231.5 of the Government Code.
(2)CA Elections Code § 19104(b)(2) A report to be submitted pursuant to paragraph (2) of subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
voting procedures natural disaster voting emergency voting state of emergency election readiness Secretary of State responsibilities guidelines publication Internet Web site Legislature report report deadline compliance with Government Code emergency election preparedness consultation with county officials election procedures report submission guidelines
Section § 19105
This law allows the Secretary of State to look into any suspected breaches of election regulations. They have the authority to demand people and records needed for their investigation through subpoenas.
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.
Secretary of State investigation election violations subpoena power regulatory compliance records subpoena alleged violation election code investigate violations enforcement authority election regulations legal investigation subpoena authority document demands election law enforcement
