Certification of Voting SystemsProcedures for Certification of Voting Systems
Section § 19200
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.
Section § 19201
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.
Section § 19202
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.
Section § 19203
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.
Section § 19204
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.
Section § 19204.5
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.
Section § 19205
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.
Section § 19206
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.
Section § 19207
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.
Section § 19207.5
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.
Section § 19208
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.
Section § 19209
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.
Section § 19210
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.
Section § 19211
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.
Section § 19212
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.
Section § 19213
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.
Section § 19214
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.
Section § 19215
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.
Section § 19216
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.
Section § 19217
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.
Section § 19218
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.
Section § 19219
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.