The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.
Chapter 3.5Certification of Remote Accessible Vote By Mail Systems
Section § 19280
This law states that the Secretary of State in California can only approve or certify a remote voting system for mail-in ballots if it meets all the necessary legal and regulatory requirements.
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Section § 19281
This law says that any remote voting system that lets people vote by mail, like an online system, must be approved by the Secretary of State before it can be used in an election. This approval can come with extra conditions if needed. For any other use of such a system, different rules apply, which are found in another section of the law.
(a)CA Elections Code § 19281(a) A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State before the election at which it is to be first used. The Secretary of State may impose additional conditions of approval as deemed necessary for the certification of the remote accessible vote by mail system.
(b)CA Elections Code § 19281(b) All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202.
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Section § 19283
This section mandates that California's Secretary of State create and share rules for remote accessible vote by mail systems. These systems need to meet specific criteria: they must be appropriate for voting purposes, ensure voter privacy, be secure from fraud, and be accessible for people with disabilities. Additionally, they must support voters who need non-English assistance, based on language requirements for voting materials.
(a)CA Elections Code § 19283(a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.
(b)CA Elections Code § 19283(b) Remote accessible vote by mail 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 § 19283(b)(1) The machine or device and its software shall be suitable for the purpose for which it is intended.
(2)CA Elections Code § 19283(b)(2) The remote
accessible vote by mail system shall preserve the secrecy of the ballot.
(3)CA Elections Code § 19283(b)(3) The remote accessible vote by mail system shall be safe from fraud or manipulation.
(4)CA Elections Code § 19283(b)(4) The remote accessible vote by mail system shall be accessible to voters with disabilities and 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.
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Section § 19284
This law is about the process for getting a remote accessible vote-by-mail system approved by the California Secretary of State. If you own or are selling such a system, you need to apply for certification. Your application should include any known issues with the system's hardware, software, or firmware. You're also required to notify the Secretary of State of any new problems that come up before your system gets reviewed. The main goal is to ensure the system is accurate and efficient.
Key terms explained in this law are: 'defect' means a flaw that makes the system unfit, 'failure' is when outcomes don't match expected results, and 'fault' is an error in the system's programming. The Secretary of State will only start the review once they have a complete application, and they should conduct their examination without unnecessary delays.
(a)CA Elections Code § 19284(a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicant’s system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system
submitted. The Secretary of State shall not begin their certification process until they receive a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete their examination without undue delay.
(b)CA Elections Code § 19284(b) As used in this chapter:
(1)CA Elections Code § 19284(b)(1) “Defect” means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the
manufacturer’s specifications or applicable law.
(2)CA Elections Code § 19284(b)(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer’s product requirements for that software or firmware or applicable law.
(3)CA Elections Code § 19284(b)(3) “Fault” means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer’s program specification or applicable law.
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Section § 19285
This law requires the Secretary of State to have remote accessible vote by mail systems, which are proposed for use or sale in California, examined by a state-approved testing agency or expert technicians. The findings from these examinations must be reported to the Governor and the Attorney General.
The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General.
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Section § 19286
If someone wants to get a remote vote-by-mail system certified so people can vote from anywhere, they have to pay for all the testing and checks needed to make sure the system works properly.
The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system.
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Section § 19287
Before deciding on the approval of a remote accessible vote by mail system, the Secretary of State must allow the public 30 days to review and present their opinions on the system. This includes a public hearing where people can discuss the testing and examination reports.
People will be notified about this review period and hearing through a newspaper published in Sacramento County and the Secretary of State's website. Notices will also be sent out 14 days before the review period begins to county election officials and interested individuals who have requested to be informed.
The Secretary of State's decision on whether to approve or reject the voting system must be written, include reasons for the decision, and be available for public inspection.
(a)CA Elections Code § 19287(a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system.
(b)CA Elections Code § 19287(b) The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary
of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c)CA Elections Code § 19287(c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
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Section § 19288
The Secretary of State must release a report within 60 days after testing a system meant for remote voting by mail. This report will show if the system is certified, conditionally approved, or if certification is not granted.
Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld.
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Section § 19289
The Secretary of State must publicly share a full copy of a certification report and related testing documents within 10 days after the decision is issued. However, any parts of the report deemed confidential or proprietary will not be disclosed. Counties' boards of supervisors and election officials will be informed about the report's availability.
Within 10 days after issuing and filing a certification decision and associated testing reports, the Secretary of State shall make available to the public a full and complete copy of the certification report and all associated documentation, except that portions of the report or documentation that contain information that the Secretary of State determines to be confidential or proprietary shall not be made publicly available. The Secretary of State shall notify the board of supervisors and elections official of each county of the availability of the report and associated documentation.
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Section § 19290
This law states that if there is a problem with a remote accessible vote by mail system that has been certified or conditionally approved, the company responsible (or the public jurisdiction if it's publicly owned) must report the issue in writing to the Secretary of State and all local elections officials using the system. This notification must occur within 30 days of discovering the issue. Problems could be with the hardware, software, or firmware.
If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of any system or part of any system created or manufactured by the vendor, or supplied by the vendor to any jurisdiction, within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.
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Section § 19291
This law states that once a remote voting system for mail ballots is certified or conditionally approved by the Secretary of State, any changes to it need to be reported. The Secretary of State will then check if those changes affect the system's accuracy or efficiency enough to need re-certification. The Secretary can also set up rules on how these evaluations will be done.
If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency.
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Section § 19292
If a vote-by-mail system has been altered or is defective, the Secretary of State can take legal action to stop its use. This includes situations where changes were made to the system without approval or problems were not disclosed as required by other laws.
The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290.
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Section § 19293
This California law allows the Secretary of State to take action against violations related to unauthorized changes or undisclosed defects in remote accessible vote-by-mail systems. If a system is altered without approval, the Secretary can impose civil penalties up to $10,000 per violation, initiate the process to revoke system certification, ban the vendor from state elections business for up to three years, demand refunds for local agencies, and take other legal actions.
If there's a known but undisclosed defect, the Secretary can seek penalties up to $50,000 per violation and additional fines of $1,000 per day until disclosure requirements are met, plus demand refunds.
The Secretary must hold a public hearing before taking action, providing notice 30 days prior. All decisions must be documented and made available for public inspection.
(a)CA Elections Code § 19293(a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California:
(1)CA Elections Code § 19293(a)(1) A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to
the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts.
(2)CA Elections Code § 19293(a)(2) Immediate commencement of proceedings to withdraw certification or conditional approval for the remote
accessible vote by mail system in question.
(3)CA Elections Code § 19293(a)(3) Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years.
(4)CA Elections Code § 19293(a)(4) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a
remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the
remote accessible vote by mail system has been used in an election.
(5)CA Elections Code § 19293(a)(5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b)Copy CA Elections Code § 19293(b)
(1)Copy CA Elections Code § 19293(b)(1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California:
(A)CA Elections Code § 19293(b)(1)(A) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote
accessible vote by mail system has been used in an election.
(B)CA Elections Code § 19293(b)(1)(B) A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found.
(C)CA Elections Code § 19293(b)(1)(C) In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State.
(2)CA Elections Code § 19293(b)(2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.
(c)CA Elections Code § 19293(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing.
(d)CA Elections Code § 19293(d) The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection.
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Section § 19294
This law allows the Secretary of State to take legal action to ensure that election officials, or those who make and sell remote voting systems, follow the rules and specifications for ballot marking systems. This includes how ballots are marked and tested. If such legal action is necessary, it must be filed in Sacramento County.
(a)CA Elections Code § 19294(a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing.
(b)CA Elections Code § 19294(b) Venue for a proceeding under this section shall be exclusively in Sacramento County.
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Section § 19295
This section addresses restrictions on remote accessible vote by mail systems. It prohibits these systems from using remote servers to mark or store a voter's selections that are sent over the Internet. Additionally, these systems cannot be equipped to count votes.
A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following:
(a)CA Elections Code § 19295(a) Have 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.
(b)CA Elections Code § 19295(b) Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.
(c)CA Elections Code § 19295(c) Have the capability, including the optional capability, to tabulate votes.
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