Chapter 5Voting System Replacement Contracts

Section § 19400

Explanation

This section defines key terms used in the chapter related to voting systems in California. A 'ballot on demand system' is a type of system used to produce ballots as needed, and must comply with specific sections. An 'election management system' helps counties keep track of voter registration details. An 'electronic poll book' is a digital list of registered voters that can be brought to voting sites. A 'remote accessible vote by mail system' allows for mail voting, following certain certification rules. A 'vote by mail ballot drop box' is a secure location where voters can deposit their mail-in ballots. Lastly, a 'voting system' refers to any machine used for voting that doesn't involve prescored punch cards.

For purposes of this chapter, the following definitions apply:
(a)CA Elections Code § 19400(a) “Ballot on demand system” means a ballot manufacturing system, as defined in Section 303.4, that is subject to Sections 13004 and 13004.5.
(b)CA Elections Code § 19400(b) “Election management system” means a system that is used by a county in the state to track voter registration or voter preferences, including, for example, a voter’s vote by mail status.
(c)CA Elections Code § 19400(c) “Electronic poll book” means an electronic list of registered voters that may be transported to the polling location or vote center pursuant to Section 2550.
(d)CA Elections Code § 19400(d) “Remote accessible vote by mail system” means a system, as defined in Section 303.3, that is certified pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19.
(e)CA Elections Code § 19400(e) “Vote by mail ballot drop box” means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained pursuant to Section 3025.
(f)CA Elections Code § 19400(f) “Voting system” means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots.
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(Amended by Stats. 2019, Ch. 29, Sec. 78. (SB 82) Effective June 27, 2019.)

Section § 19402

Explanation

The California Secretary of State was given funds in 2018 and 2019 to help counties replace their voting systems. Counties can be reimbursed for certain expenses if they provide matching funds, although small counties and specific times don't require matching funds.

The funds are distributed based on county size, number of registered voters, and need for new voting equipment. Reimbursable activities include purchasing or leasing certified voting systems, electronic poll books, ballot drop boxes, and more. Counties can also get funds for developing new, non-proprietary voting systems.

If a county's funded activities don't lead to a certified system by 2023, they must repay the state. Additionally, voting systems that don't require manual ballot marking must generate a paper record retained for audits or recounts.

(a)Copy CA Elections Code § 19402(a)
(1)Copy CA Elections Code § 19402(a)(1) The Secretary of State shall use the funds appropriated to the Secretary of State in the Budget Act of 2018 and the Budget Act of 2019 for voting system replacement for counties by awarding reimbursement contracts to counties using the funding allocation described in subdivision (b).
(2)CA Elections Code § 19402(a)(2) To receive reimbursement for the eligible expenditures described in subdivision (d) made before July 1, 2020, or on or after July 1, 2021, a county shall provide matching funds that are at least equivalent to one-quarter of the state funds received for the eligible expenditures described in subdivision (d).
(3)CA Elections Code § 19402(a)(3) Notwithstanding paragraph (2), counties that operated 50 or fewer precincts in the November 8, 2016, statewide general election are not required to provide matching funds to receive an allocation from the state.
(4)CA Elections Code § 19402(a)(4) To receive reimbursement for the eligible expenditures described in subdivision (d) made on or after July 1, 2020, and before July 1, 2021, a county shall not be required to provide matching funds.
(b)CA Elections Code § 19402(b) The Secretary of State shall allocate funding for a contract described in subdivision (a) based on the size of the county, the number of voters registered in the county, and the Secretary of State’s estimate of need for county voting equipment.
(c)CA Elections Code § 19402(c) A contract described in subdivision (a) shall permit a county to apply to the Secretary of State for reimbursement costs incurred in connection with the activities described in subdivision (d) in a manner consistent with all of the following:
(1)CA Elections Code § 19402(c)(1) The county may seek reimbursement for payments made pursuant to a purchase agreement, lease agreement, or other contract made after April 29, 2015.
(2)CA Elections Code § 19402(c)(2) The funded activities described in subparagraph (A) of paragraph (1) of subdivision (d) shall be for new voting systems that have been certified pursuant to the California Voting System Standards.
(3)CA Elections Code § 19402(c)(3) The county shall provide the Secretary of State with documentation of the payment for which reimbursement is sought, and of the purchase agreement, lease agreement, or other contract pursuant to which the reimbursed payment was made.
(4)CA Elections Code § 19402(c)(4) The Secretary of State shall verify that payment for which reimbursement is sought meets the criteria set forth in the contract described in subdivision (a) before reimbursing the county.
(5)Copy CA Elections Code § 19402(c)(5)
(A)Copy CA Elections Code § 19402(c)(5)(A) For the eligible expenditures described in subdivision (d) made before July 1, 2020, or on or after July 1, 2021, the Secretary of State shall reimburse the county by matching county funds spent on voting system replacement activities described in subdivision (d) on a three-to-one basis, up to the maximum amount of funds allocated for the contract pursuant to subdivision (b).
(B)CA Elections Code § 19402(c)(5)(A)(B) Notwithstanding subparagraph (A), the Secretary of State shall reimburse counties that operated 50 or fewer precincts in the November 8, 2016, statewide general election without requiring those counties to provide matching funds.
(C)CA Elections Code § 19402(c)(5)(A)(C) For the eligible expenditures described in subdivision (d) made on or after July 1, 2020, and before July 1, 2021, the Secretary of State shall reimburse the county for eligible expenditures, up to the maximum amount of funds allocated for the contract pursuant to subdivision (b), without requiring the county to provide matching funds.
(d)CA Elections Code § 19402(d) For purposes of this chapter, reimbursable voting system replacement activities include all of the following:
(1)CA Elections Code § 19402(d)(1) The purchase or lease of any of the following:
(A)CA Elections Code § 19402(d)(1)(A) A voting system certified or conditionally approved by the Secretary of State that does not use prescored punch card ballots.
(B)CA Elections Code § 19402(d)(1)(B) Electronic poll books certified by the Secretary of State.
(C)CA Elections Code § 19402(d)(1)(C) Ballot on demand systems certified by the Secretary of State.
(D)CA Elections Code § 19402(d)(1)(D) Vote by mail ballot drop boxes that comply with any applicable regulations adopted by the Secretary of State pursuant to subdivision (b) of Section 3025.
(E)CA Elections Code § 19402(d)(1)(E) Remote accessible vote by mail systems certified or conditionally approved by the Secretary of State.
(F)CA Elections Code § 19402(d)(1)(F) Telecommunication technologies to facilitate electronic connection, for the purpose of voter registration, between polling places, vote centers, and the office of the county elections official or the Secretary of State’s office.
(G)CA Elections Code § 19402(d)(1)(G) Vote by mail ballot sorting and processing equipment.
(H)CA Elections Code § 19402(d)(1)(H) An election management system.
(2)CA Elections Code § 19402(d)(2) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State, but that would result in a voting system certified by the Secretary of State to comply with the California Voting System Standards. A voting system developed pursuant to this paragraph shall use only nonproprietary software and firmware with disclosed source code, except that it may use unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.
(3)Copy CA Elections Code § 19402(d)(3)
(A)Copy CA Elections Code § 19402(d)(3)(A) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:
(i)CA Elections Code § 19402(d)(3)(A)(i) Testing and seeking certification or conditional approval for the voting system pursuant to Sections 19210 to 19214, inclusive.
(ii)CA Elections Code § 19402(d)(3)(A)(ii) Testing and demonstrating the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) and subdivision (c) of Section 19209.
(B)CA Elections Code § 19402(d)(3)(A)(B) For purposes of this paragraph, “voting system” includes a part of a voting system.
(4)CA Elections Code § 19402(d)(4) If a county uses funding provided to it for the activities described in paragraph (2) or (3), and those activities do not result in a voting system certified by the Secretary of State to comply with the California Voting System Standards by July 1, 2023, the county shall return the state funding provided for those activities to the State. If the county does not return the funding by June 30, 2024, the State Controller shall withhold any payment to the county in an equivalent amount, as directed by the Department of Finance.
(5)CA Elections Code § 19402(d)(5) Costs reasonably related to the administration of an election during the COVID-19 pandemic.
(e)CA Elections Code § 19402(e) A voting system purchased or leased by a county for which the county seeks reimbursement from the Secretary of State pursuant to this section and that does not require a voter to directly mark on the ballot must produce, at the time the voter votes the voter’s ballot or at the time the polls are closed, a paper version or representation of the voted ballot or of all of the ballots cast on a unit of the voting system. The paper version shall not be provided to the voter but shall be retained by elections officials for use during the 1 percent manual tally described in Section 15360, or any recount, audit, or contest.
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(Amended by Stats. 2020, Ch. 20, Sec. 2. (AB 100) Effective June 29, 2020.)