Section § 19200

Explanation

The law states that the Secretary of State must ensure any voting system or component meets all relevant legal and regulatory standards before giving approval.

The Secretary of State shall not approve any voting system, or part of a voting system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.

Section § 19201

Explanation

This section allows the Secretary of State to give temporary approval to a voting system or its parts if a previously certified system was decertified or if modifications are needed to meet new standards or laws. The Secretary can set extra requirements for this conditional approval and is also allowed to revoke it at any time if necessary.

(a)Copy CA Elections Code § 19201(a)
(1)Copy CA Elections Code § 19201(a)(1) The Secretary of State may grant conditional approval to a voting system or part of a voting system under either of the following circumstances:
(A)CA Elections Code § 19201(a)(1)(A) A voting system or part of a voting system was decertified as a result of a review by the Secretary of State pursuant to Section 19232.
(B)CA Elections Code § 19201(a)(1)(B) A certified voting system or part of that voting system is modified to comply with voting system standards or changes in statute.
(2)CA Elections Code § 19201(a)(2) For purposes of granting conditional approval to a voting system or part of a voting system pursuant to paragraph (1), the Secretary of State may impose additional conditions of approval as deemed necessary by the Secretary of State.
(b)CA Elections Code § 19201(b) The Secretary of State may withdraw conditional approval at any time pursuant to Section 19232.

Section § 19202

Explanation

Before being used in any election, a voting system must be certified or conditionally approved by the Secretary of State, unless another section specifically allows it. Voting systems approved before January 1, 2014, can continue being used but are still subject to state review and possible decertification. Vendors or counties with federal qualifications for a voting system as of April 28, 2016, may request state approval under older review standards. Jurisdictions can't buy or contract for voting systems without that state approval, but they can invest in research, development, and testing of new systems with open-source software for potential future use or certification trials.

(a)CA Elections Code § 19202(a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to any election at which it is to be used.
(b)CA Elections Code § 19202(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.
(c)CA Elections Code § 19202(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.
(d)CA Elections Code § 19202(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.
(e)CA Elections Code § 19202(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:
(1)CA Elections Code § 19202(e)(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.
(2)CA Elections Code § 19202(e)(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:
(A)CA Elections Code § 19202(e)(2)(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.
(B)CA Elections Code § 19202(e)(2)(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.

Section § 19203

Explanation

This law states that the Secretary of State in California cannot approve a voting system that uses paper ballots unless the paper used is durable and remains readable for the entire time it must be kept, as required by another section of the law.

The Secretary of State shall not certify or conditionally approve a voting system or a part of a voting system that uses paper ballots unless the paper used for the ballots is of sufficient quality that it maintains its integrity and readability throughout the retention period specified in Chapter 4 (commencing with Section 17300) of Division 17.

Section § 19204

Explanation

This law states that the Secretary of State in California cannot allow voting systems that let voters create a copy of their completed ballot to take with them from the polling place.

The Secretary of State shall not certify or conditionally approve any voting system that includes features that permit a voter to produce, and leave the polling place with, a copy or facsimile of the ballot cast by the voter at that polling place.

Section § 19204.5

Explanation

This law states that the Secretary of State of California can't certify a voting system unless it can conduct a specific type of audit called a 'ballot level comparison risk-limiting audit'. If a voting system can't do this audit, it's labeled 'noncompliant'. There was a temporary exception until January 1, 2021, allowing modifications to these noncompliant systems even if they wouldn't comply with the audit requirement after changes.

(a)CA Elections Code § 19204.5(a) The Secretary of State shall not certify or conditionally approve a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit.
(b)Copy CA Elections Code § 19204.5(b)
(1)Copy CA Elections Code § 19204.5(b)(1) For purposes of this subdivision, a voting system that is “noncompliant” is a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit.
(2)CA Elections Code § 19204.5(b)(2) Notwithstanding subdivision (a), the Secretary of State may, until January 1, 2021, approve a proposed change or modification to a noncompliant voting system even if the voting system will remain noncompliant after the change or modification. This paragraph shall become inoperative on January 1, 2021.

Section § 19205

Explanation

This law sets strict rules to ensure voting systems are secure and not connected to the internet or any external networks. Voting systems cannot send or receive data over the internet, phone lines, or through wireless networks during elections, especially at polling places or vote counting centers. They also must operate offline, without even indirect internet connections.

The systems need to be arranged in a way that uses isolated election management systems with a secure air-gap, meaning they must be separated by physical or logical isolation to prevent tampering. One system manages elections with secure, certified software, while another isolated system handles vote counting and reporting. Memory devices used in the voting process must be reformatted in a separate computer to ensure they are free from any infection before being reused.

A voting system shall comply with all of the following:
(a)CA Elections Code § 19205(a) No part of the voting system shall be connected to the internet at any time.
(b)CA Elections Code § 19205(b) No part of the voting system shall electronically receive or transmit election data through an exterior communication network, including the public telephone system, if the communication originates from or terminates at a polling place, satellite location, or counting center.
(c)Copy CA Elections Code § 19205(c)
(1)Copy CA Elections Code § 19205(c)(1) No part of the voting system shall receive or transmit wireless communications or wireless data transfers.
(2)CA Elections Code § 19205(c)(2) A network connection to any device not directly used and necessary for voting system functions shall not be established. Communication by or with any component of the voting system by wireless or modem transmission at any time is prohibited. A component of the voting system, or any device with network connectivity to the voting system, shall not be connected to the internet, directly or indirectly, at any time.
(d)Copy CA Elections Code § 19205(d)
(1)Copy CA Elections Code § 19205(d)(1) The voting system shall be used in a configuration of parallel central election management systems separated by an air-gap.
(2)CA Elections Code § 19205(d)(2) For purposes of this subdivision, “air-gap” includes all of the following:
(A)CA Elections Code § 19205(d)(2)(A) A permanent central system known to be running unaltered, certified software and firmware that is used solely to define elections and program voting equipment and memory cards.
(B)CA Elections Code § 19205(d)(2)(B) A physically isolated duplicate system, reformatted after every election to guard against the possibility of infection, that is used solely to read memory cards containing vote results, accumulate and tabulate those results, and produce reports.
(C)CA Elections Code § 19205(d)(2)(C) A separate computer dedicated solely to this purpose that is used to reformat all memory devices before they are connected to the permanent system again.

Section § 19206

Explanation

This law explains how ballots and voting systems should be managed when multiple systems are used in an election. If there’s more than one voting system, candidate names should ideally appear on the main system. Additionally, a single ballot measure or candidates for one office must not be divided across different systems or between systems and paper ballots.

Except as authorized by Section 19209, both of the following apply:
(a)CA Elections Code § 19206(a) If more than one voting system is used to count ballots, the names of candidates shall, insofar as possible, be placed on the primary voting system.
(b)CA Elections Code § 19206(b) If more than one voting system or a combination of a voting system and paper ballots is used to count ballots, a single ballot measure or the candidates for a single office may not be split between voting systems or between a voting system and paper ballots.

Section § 19207

Explanation

This law allows the governing board overseeing elections to choose any type of voting system or mix of systems, including paper ballots. However, these systems must either be certified, conditionally approved by the Secretary of State, or specifically authorized by a related law.

The governing board may adopt for use at elections any kind of voting system, any combination of voting systems, or any combination of a voting system and paper ballots, provided that the voting system or systems involved have been certified or conditionally approved by the Secretary of State or specifically authorized by law pursuant to Section 19209.

Section § 19207.5

Explanation

This law requires that elections officials or governing bodies use certified voting machines or systems to ensure enough are available for accessibility and to count votes. If a jurisdiction wants to end a contract with their current voting system, the termination is only temporary until they have a plan for a new system that meets legal requirements and have signed a new contract for a certified system.

(a)CA Elections Code § 19207.5(a) An elections official or the governing body of any jurisdiction that administers elections shall use a voting machine, as defined in Section 361, or a voting system, as defined in Section 362, that has been certified pursuant to this division, to do all of the following:
(1)CA Elections Code § 19207.5(a)(1) Provide sufficient numbers of voting machines or voting systems for accessibility pursuant to Section 19242 and the Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(2)CA Elections Code § 19207.5(a)(2) Tabulate votes.
(b)CA Elections Code § 19207.5(b) If a jurisdiction that administers elections terminates a contract for an existing certified voting system, that termination shall be provisional and shall not become final unless and until the jurisdiction that administers elections has satisfied all of the following:
(1)CA Elections Code § 19207.5(b)(1) The jurisdiction has a plan to transition to a new voting system that will ensure compliance with applicable state and federal laws.
(2)CA Elections Code § 19207.5(b)(2) The jurisdiction has finalized and signed a new contract for a certified voting system.

Section § 19208

Explanation

This law allows a governing board to choose how to pay for voting system equipment in a way that benefits local interests. They can issue bonds, certificates of indebtedness, or other financial obligations, which are financial promises to pay, to fund this cost. These financial obligations become debts for the county or city. These bonds or certificates can earn interest and be paid off whenever authorities decide, but they can't be sold for less than their original value. Additionally, the board can enter into agreements to lease or eventually purchase the equipment.

The governing board may provide for the payment of the cost of the voting system equipment in any manner and by any method as it deems best for local interests, and also may for that purpose issue bonds, certificates of indebtedness, or other obligations that shall be a charge on the county or city. The bonds, certificates, or other obligations may be issued with or without interest, payable at any time as the authorities may determine, but shall not be issued or sold at less than par. The governing board may enter into lease agreements or lease-purchase agreements for the use of equipment.

Section § 19209

Explanation

This law allows for the testing of new voting systems in select precincts as part of a pilot program, without needing formal approval, if certain conditions are met. These systems must use public source code for software and undergo risk-limiting audits to ensure accurate election results. The pilot programs must be carefully vetted and approved by the Secretary of State, ensuring safeguards are in place against errors. If the test finds that the voting system's reported results are different from a full manual count, the manual results become official. The experimental systems are also tested for accessibility for all voters, including those with disabilities and non-English speaking voters. After the program, any issues with the hardware or software must be reported to the Secretary of State.

(a)CA Elections Code § 19209(a) For purposes of this section, the following terms have the following meanings:
(1)CA Elections Code § 19209(a)(1) “Commercial off-the-shelf” means mass-produced, readily available hardware devices, including card readers, printers, or personal computers, and their firmware or software products, including operating systems, programming language compilers, or database management systems.
(2)CA Elections Code § 19209(a)(2) “Incorrect in part” means a full manual tally of the votes cast on the pilot system would reveal rates of error in the pilot system tally that, if extrapolated to the entire contest, would alter the electoral outcome.
(3)CA Elections Code § 19209(a)(3) “Partial risk-limiting audit” means a procedure that guarantees a large minimum chance of a full manual tally of the votes cast on the pilot system if the electoral outcome is incorrect in part.
(4)CA Elections Code § 19209(a)(4) “Risk-limiting audit” means a procedure that ensures a large, predetermined minimum chance of requiring a full manual tally whenever a full manual tally would show an electoral outcome that differs from the outcome reported by the voting system for the audited contest.
(b)CA Elections Code § 19209(b) The governing board, without formally adopting a voting system, may provide for the experimental use of the voting system in a pilot program held in one or more precincts at a single election or, in the case of a special election, the special primary election and the special general election, if the voting system complies with either of the following:
(1)CA Elections Code § 19209(b)(1) The voting system is certified or conditionally approved prior to its experimental use.
(2)CA Elections Code § 19209(b)(2) The voting system meets all of the following requirements:
(A)CA Elections Code § 19209(b)(2)(A) Uses only software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware.
(B)CA Elections Code § 19209(b)(2)(B) Meets the requirements of subdivision (b) of Section 19101.
(C)CA Elections Code § 19209(b)(2)(C) Meets the requirements of the regulations adopted by the Secretary of State pursuant to subdivision (g).
(D)CA Elections Code § 19209(b)(2)(D) Implements risk-limiting audits.
(c)CA Elections Code § 19209(c) A voting system that meets all of the requirements of paragraph (2) of subdivision (b) need not be certified or conditionally approved prior to its experimental use in a pilot program if the number of voting system units deployed in the pilot program is limited to the number necessary to test and demonstrate the capabilities of the voting system in a limited number of precincts or locations, including a prudent number of reserve units to ensure that sufficient working units will be available to conduct the pilot program. In no event shall the number of voting system units exceed 50 percent of the estimated number of units that would be required for full deployment of the voting system at every polling place and early voting site in a statewide election throughout the jurisdiction. Capabilities that may be taken into account in determining the number of voting system units reasonably necessary to test and demonstrate the capabilities of the voting system include, but are not limited to, all of the following:
(1)CA Elections Code § 19209(c)(1) The capability of the voting system to accommodate voting in all languages in which the jurisdiction is required to provide ballots under applicable state and federal laws.
(2)CA Elections Code § 19209(c)(2) The capability of the voting system to accommodate voting by persons with a broad range of physical and cognitive disabilities, as required by applicable state and federal laws.
(3)CA Elections Code § 19209(c)(3) The current and projected number of voting-eligible individuals in the jurisdiction.
(4)CA Elections Code § 19209(c)(4) The geography and distribution of the population in the jurisdiction.
(d)CA Elections Code § 19209(d) No later than nine months before the election at which the pilot program of a voting system is proposed to be conducted, the governing board shall submit to the Secretary of State a plan for the pilot program. The Secretary of State shall approve or reject the plan no later than three months after receipt of the plan.
(e)CA Elections Code § 19209(e) The votes cast on a voting system during a pilot program pursuant to subdivision (b) shall be subject to risk-limiting audits.
(1)CA Elections Code § 19209(e)(1) For each contest conducted entirely on the pilot voting system, the jurisdiction conducting the pilot program shall conduct a risk-limiting audit with at least a 90-percent chance of requiring a full manual tally of the contest whenever a full manual tally would show an outcome that differs from the outcome reported by the pilot voting system.
(2)CA Elections Code § 19209(e)(2) For each contest conducted partially on the pilot voting system, the jurisdiction conducting the pilot program shall conduct a partial risk-limiting audit of the portion of the contest in which the voters cast their votes on the pilot voting system, with at least a 90-percent chance of requiring a full manual tally of all votes cast using the pilot voting system whenever the outcome is incorrect in part.
(3)Copy CA Elections Code § 19209(e)(3)
(A)Copy CA Elections Code § 19209(e)(3)(A) If a risk-limiting audit of a contest leads to a full manual tally of all of the ballots cast in the contest, then the contest outcome according to that manual tally shall become the official result.
(B)CA Elections Code § 19209(e)(3)(A)(B) If a partial risk-limiting audit of a contest leads to a full manual tally of the ballots cast using the pilot voting system, the vote counts according to that manual tally shall replace the vote counts reported by the pilot voting system for the purpose of determining the official contest results.
(4)CA Elections Code § 19209(e)(4) Risk-limiting audit procedures shall comply with all other requirements in regulations adopted by the Secretary of State pursuant to subdivision (g).
(f)CA Elections Code § 19209(f) Upon completion of the pilot program, the governing board shall notify the Secretary of State in writing of any defect, fault, or failure of the hardware, software, or firmware of the voting system or a part of the voting system.
(g)CA Elections Code § 19209(g) A voting system pilot program shall not be conducted in a legally binding election without the prior approval of the Secretary of State. The Secretary of State shall adopt and publish regulations governing voting system pilot programs.

Section § 19210

Explanation

If someone wants to sell or use a voting system in California, they can apply to the Secretary of State for certification. This involves testing the system and reporting on its accuracy and efficiency. The applicant must inform the Secretary of State about any known issues with the system, such as defects, faults, or failures, both when applying and if discovered later. The certification process should be timely. Additionally, the Secretary of State must provide quarterly reports about voting system regulations on their website.

'Defect' means a flaw making the system unusable; 'failure' is when output doesn't match requirements; and 'fault' involves incorrect software or firmware steps.

(a)CA Elections Code § 19210(a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a voting system or a part of a voting system may apply to the Secretary of State for certification that includes testing and examination of the applicant’s system by a state-approved testing agency or expert technicians and a report on the findings, which shall include the accuracy and efficiency of the voting system. As part of its application, the applicant 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 voting system or a part of the voting system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application. 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 voting system or a part of the voting system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19213. The Secretary of State shall complete his or her certification process without undue delay.
(b)CA Elections Code § 19210(b) The Secretary of State shall publish and make publicly available on his or her Internet Web site a quarterly report of regulatory activities related to voting systems.
(c)CA Elections Code § 19210(c)  As used in this article:
(1)CA Elections Code § 19210(c)(1) “Defect” means any flaw in the hardware or documentation of a voting 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 § 19210(c)(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a voting system and the manufacturer’s product requirements for that software or firmware or applicable law.
(3)CA Elections Code § 19210(c)(3) “Fault” means a step, process, or data definition in any software or firmware in a voting system that is incorrect under the manufacturer’s program specification or applicable law.

Section § 19211

Explanation

Before deciding whether to approve or reject a voting system, the Secretary of State has to allow the public 30 days to review and comment on testing reports through a public hearing. This ensures transparency and public input.

Notice for this public review must be published in Sacramento County's major newspaper and on the Secretary of State's website. Additionally, notices must be sent out in writing at least 14 days ahead to election officials and anyone who has requested updates.

The final decision regarding the voting system will be made in writing, including detailed findings, and must be accessible to the public.

(a)CA Elections Code § 19211(a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a voting system or part of a voting system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give persons interested an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the voting system.
(b)CA Elections Code § 19211(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 § 19211(c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a voting system or part of a voting system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.

Section § 19212

Explanation

This law requires that after a new or updated voting or ballot marking system is certified by the Secretary of State, the exact source code and related instructions must be put into a secure escrow facility within 10 business days. The Secretary of State will set rules about what the source code includes, the security of the escrow facility, and how to submit and access the code. This ensures that independent parties can verify the source code matches what's used in certified systems.

The Secretary of State can access these materials for investigations, compliance checks, and code verification. If someone isn't following these rules, the Secretary can get a court order to force compliance. This law applies to all elections to ensure transparency and security.

(a)Copy CA Elections Code § 19212(a)
(1)Copy CA Elections Code § 19212(a)(1) No later than 10 business days after the Secretary of State certifies or conditionally approves the use of a new or updated voting system, the vendor or county seeking certification or approval of the voting system shall cause an exact copy of the approved source code for each component of the voting system, including complete build and configuration instructions and related documents for compiling the source code into object code, to be transferred directly from the voting system testing agency that evaluated the voting system and is approved by the Secretary of State, and deposited into an approved escrow facility.
(2)CA Elections Code § 19212(a)(2) No later than 10 business days after the Secretary of State certifies or conditionally approves a new or updated ballot marking system, the vendor or county seeking certification or approval of the ballot marking system shall cause an exact copy of the approved source code for each component of the ballot marking 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.
(b)CA Elections Code § 19212(b) The Secretary of State shall adopt regulations relating to all of the following:
(1)CA Elections Code § 19212(b)(1) The definition of source code components of a voting system or ballot marking system, including source code for all firmware and software of the voting system or ballot marking 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 or county seeking certification or approval of a voting system or ballot marking system.
(2)CA Elections Code § 19212(b)(2) Specifications for the escrow facility, including security and environmental specifications necessary for the preservation of the voting system or ballot marking system source codes.
(3)CA Elections Code § 19212(b)(3) Procedures for submitting voting system or ballot marking system source codes.
(4)CA Elections Code § 19212(b)(4) Criteria for access to voting system or ballot marking system source codes.
(5)CA Elections Code § 19212(b)(5) Requirements for the applicant 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 certified or conditionally approved voting systems or ballot marking systems.
(c)CA Elections Code § 19212(c) The Secretary of State shall have reasonable access to the materials placed in escrow, under any of the following circumstances:
(1)CA Elections Code § 19212(c)(1) In the course of an investigation or prosecution regarding vote counting or ballot marking equipment or procedures.
(2)CA Elections Code § 19212(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 § 19212(c)(3) In order to fulfill the provisions of this chapter related to the examination and certification or conditional approval of voting systems or ballot marking systems.
(4)CA Elections Code § 19212(c)(4) In order to verify that the software on a voting system is identical to the certified or conditionally approved version.
(5)CA Elections Code § 19212(c)(5) 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 § 19212(d) The Secretary of State may seek injunctive relief requiring the elections officials, approved escrow facility, or any vendor or manufacturer of a voting system or part of a voting 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 § 19212(e) This section applies to all elections.

Section § 19213

Explanation

This law requires that within 60 days after a voting system is examined, the California Secretary of State must release a public report about it. This report will say if the system is fully certified, conditionally approved, or if certification was denied. The report will also include a clear description, along with drawings and photos of the voting system and its operations.

Within 60 days after the completion of the examination of a voting system, the Secretary of State shall make publicly available a report stating whether the voting system has been certified or conditionally approved, or whether certification has been withheld. The report shall also contain a written or printed description and drawings and photographs that clearly identify the machine or device and its mechanical operation.

Section § 19214

Explanation

This law requires the Secretary of State to publicly release the certification decision and testing reports for election-related activities within 10 days of issuance. However, any parts of the report containing confidential or proprietary information can be withheld from the public disclosure. Additionally, the Secretary of State must inform each county's board of supervisors and election officials about the availability of these documents.

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 also notify the board of supervisors and elections official of each county of the availability of the report and associated documentation.

Section § 19215

Explanation

If a voting system or any part of it has been approved by the Secretary of State, the vendor or the government that owns it must inform the Secretary of State and local election officials in writing about any defect, fault, or issue within 30 days of discovering it. This applies to any problems with the hardware, software, or firmware of the system created or provided by the vendor.

If a voting system or a part of a voting 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 voting system or part of any voting system created or manufactured by the vendor, or supplied by the vendor to any jurisdiction, within 30 calendar days after the vendor learns of the defect, fault, or failure.

Section § 19216

Explanation

Before any changes are made to a voting system that's been approved or conditionally approved by California's Secretary of State, they must be notified in writing. The Secretary of State will then decide if the change affects the system's accuracy and efficiency. If the change is significant enough, the system might need to be reexamined and possibly recertified. The Secretary can also create rules for how these decisions are made.

If a voting system or a part of a voting 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 conditional approval, pursuant to this article. 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.

Section § 19217

Explanation

This law allows the Secretary of State to take legal or administrative action if a voting system has been changed or is faulty. This includes unauthorized changes to its hardware, software, or firmware, or if there are known problems that haven't been reported as required by other laws.

The Secretary of State may seek injunctive and administrative relief if a voting system or a part of a voting 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 19210 or 19215.

Section § 19218

Explanation

This law gives the California Secretary of State the authority to take action when there is an unauthorized change in a voting system's hardware, software, or firmware. The Secretary can impose fines up to $10,000 per violation, initiate proceedings to revoke the system's approval, ban the manufacturer or vendor from elections-related business in California for up to three years, and require refunds for compromised systems. If there's a known but undisclosed defect, fines can reach $50,000 per violation, plus $1,000 per day until disclosure is made. Any actions are preceded by a public hearing with notice given to involved parties. The Secretary of State's decisions are documented and publicly accessible.

(a)CA Elections Code § 19218(a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a voting system certified or conditionally approved in California:
(1)CA Elections Code § 19218(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 voting 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 voting systems security efforts.
(2)CA Elections Code § 19218(a)(2) Immediate commencement of proceedings to withdraw certification or conditional approval for the voting system in question.
(3)CA Elections Code § 19218(a)(3) Prohibiting the manufacturer or vendor of a voting system from doing elections-related business in the state for one, two, or three years.
(4)CA Elections Code § 19218(a)(4) Refund of all moneys paid by a local agency for a voting system or a part of a voting system that is compromised by an unauthorized change or modification, whether or not the voting system has been used in an election.
(5)CA Elections Code § 19218(a)(5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b)Copy CA Elections Code § 19218(b)
(1)Copy CA Elections Code § 19218(b)(1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a voting system or part of a voting system certified or conditionally approved in California:
(A)CA Elections Code § 19218(b)(1)(A) Refund of all moneys paid by a local agency for a voting system or part of a voting system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the voting system has been used in an election.
(B)CA Elections Code § 19218(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 voting system units in which the defect, fault, or failure is found.
(C)CA Elections Code § 19218(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 19215 until the required disclosure is filed with the Secretary of State.
(2)CA Elections Code § 19218(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 § 19218(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, a person that the Secretary of State believes will be interested in the hearing, and a person who requests, in writing, notice of the hearing.
(d)CA Elections Code § 19218(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.

Section § 19219

Explanation

This law gives the Secretary of State the power to go to court to make sure election officials and companies that make or sell voting machines follow laws and rules about how these machines work. This includes rules about how machines and software are used to count and test votes.

If the Secretary of State needs to take legal action, it has to be done in Sacramento County.

(a)CA Elections Code § 19219(a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a voting machine, voting system, or vote tabulating device, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for voting machines, voting devices, vote tabulating devices, and any software used for each, including the programs and procedures for vote tabulating and testing.
(b)CA Elections Code § 19219(b) Venue for a proceeding under this section shall be exclusively in Sacramento County.