As used in this chapter, an “election management system” is 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.
Chapter 7Election Management Systems
Section § 2500
This law section defines an 'election management system' as a tool used by counties to manage details about voters, like registration and voting preferences, such as vote-by-mail status.
election management system county voting system voter registration tracking voter preferences vote-by-mail status county election tool voter data management tracking voter information electoral system voter management voter records county voter system voter preferences management California voter system tracking voting preferences
Section § 2501
This law requires vendors of election management systems to annually deposit an exact copy of their source code, including all relevant instructions and documents, into an approved escrow facility. This is to ensure transparency and integrity. The Secretary of State is responsible for setting rules about what needs to be included in this deposit, where and how it's stored, and who can access it. Access is allowed for investigations, certain other findings, or as necessary to uphold the law. If anyone fails to comply, the Secretary of State can ask a court to enforce these rules, with any legal actions taking place in Sacramento County. This law applies to all elections, ensuring that election systems are transparent and their components can be independently verified.
(a)CA Elections Code § 2501(a) No later than January 31, 2014, and annually thereafter, the vendor of an election management system shall cause an exact copy of the source code for each component of the election management system, including complete build and configuration instructions and related documents for compiling the source code into object code, to be deposited into an approved escrow facility. The vendor shall place in escrow source codes for each version of the election management system in use in a county in the state.
(b)CA Elections Code § 2501(b) The Secretary of State shall adopt regulations relating to all of the following:
(1)CA Elections Code § 2501(b)(1) The definition of source code components of an election management system, including source
code for all firmware and software of the election management system. Firmware and software shall include commercial off-the-shelf or other third-party firmware and software that is available and able to be disclosed by the vendor of the election management system.
(2)CA Elections Code § 2501(b)(2) Specifications for the escrow facility, including security and environmental specifications necessary for the preservation of the election management system source codes.
(3)CA Elections Code § 2501(b)(3) Procedures for submitting election management system source codes.
(4)CA Elections Code § 2501(b)(4) Criteria for access to election management system source codes.
(5)CA Elections Code § 2501(b)(5) Requirements for the vendor to include in the materials deposited in escrow build and configuration instructions and documents so that a neutral third party may create, from the
source codes in escrow, executable object codes identical to the code installed on the election management system.
(c)CA Elections Code § 2501(c) The Secretary of State shall have reasonable access to the materials placed in escrow, under the following circumstances:
(1)CA Elections Code § 2501(c)(1) In the course of an investigation or prosecution regarding election management system equipment or procedures.
(2)CA Elections Code § 2501(c)(2) Upon a finding by the Secretary of State that an escrow facility or escrow company is unable or unwilling to maintain materials in escrow in compliance with this section.
(3)CA Elections Code § 2501(c)(3) For any other purpose deemed necessary to fulfill the provisions of this code or Section 12172.5 of the Government Code.
(d)CA Elections Code § 2501(d) The Secretary of State may seek
injunctive relief requiring the elections officials, approved escrow facility, or any vendor or manufacturer of an election management system to comply with this section and related regulations. Venue for a proceeding under this section shall be exclusively in Sacramento County.
(e)CA Elections Code § 2501(e) This section applies to all elections.
election management system source code escrow source code deposit election transparency software compliance Secretary of State regulations software source code firmware disclosure escrow access escrow facility specifications code compilation instructions software security vendor compliance injunctive relief election system verification
Section § 2550
This law is about electronic poll books, which are digital lists of registered voters used at polling locations. These poll books must include specific voter details like name, address, precinct, party preference, and the status of any mail-in ballots.
An electronic poll book cannot be used unless it is officially certified by the Secretary of State. The Secretary will create rules and standards for their use and will only certify poll books that meet these standards, with the possibility of adding extra requirements if considered necessary.
(a)CA Elections Code § 2550(a) For purposes of this section, “electronic poll book” means an electronic list of registered voters that may be transported to the polling location. An electronic poll book shall contain all of the following voter registration data:
(1)CA Elections Code § 2550(a)(1) Name.
(2)CA Elections Code § 2550(a)(2) Address.
(3)CA Elections Code § 2550(a)(3) Precinct.
(4)CA Elections Code § 2550(a)(4) Party preference.
(5)CA Elections Code § 2550(a)(5) Whether or not the voter has been issued a vote by mail ballot.
(6)CA Elections Code § 2550(a)(6) Whether or
not the vote by mail ballot has been recorded as received by the elections official.
(b)CA Elections Code § 2550(b) An electronic poll book shall not be used unless it has been certified by the Secretary of State.
(c)CA Elections Code § 2550(c) The Secretary of State shall adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books.
(d)CA Elections Code § 2550(d) The Secretary of State shall not certify an electronic poll book unless it fulfills the requirements of this section and the Secretary of State’s standards and regulations. The Secretary of State may impose additional conditions of approval as deemed necessary by the Secretary of State.
electronic poll book voter registration data polling location voter details vote by mail status Secretary of State certification electronic poll book standards poll book regulations certification requirements electoral process voter list digital voting records certified election equipment voter data security Secretary of State approval
