Bill Text: CA SB360 | 2013-2014 | Regular Session | Chaptered


Bill Title: Certification of voting systems.

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State. Chapter 602, Statutes of 2013. [SB360 Detail]

Download: California-2013-SB360-Chaptered.html
BILL NUMBER: SB 360	CHAPTERED
	BILL TEXT

	CHAPTER  602
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2013
	APPROVED BY GOVERNOR  OCTOBER 5, 2013
	PASSED THE SENATE  SEPTEMBER 6, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2013
	AMENDED IN ASSEMBLY  AUGUST 30, 2013
	AMENDED IN ASSEMBLY  AUGUST 26, 2013
	AMENDED IN ASSEMBLY  AUGUST 6, 2013
	AMENDED IN ASSEMBLY  JUNE 17, 2013
	AMENDED IN SENATE  MAY 20, 2013
	AMENDED IN SENATE  APRIL 10, 2013

INTRODUCED BY   Senator Padilla

                        FEBRUARY 20, 2013

   An act to amend Section 19100 of, to amend the heading of Article
1 (commencing with Section 19200) of Chapter 3 of Division 19 of, to
amend the headings of Chapter 3 (commencing with Section 19200) and
Chapter 3.5 (commencing with Section 19260) of Division 19 of, to
amend the heading of Division 19 (commencing with Section 19001) of,
to amend and renumber Sections 19103, 19200.5, 19202, 19203, 19204,
19207, 19209, 19210, 19211, 19212, 19212.5, 19213, 19214, 19214.5,
19215, 19216, 19217, 19220, 19221, 19222, 19223, 19225, 19226, 19227,
19227.5, 19228, 19229, 19229.5, 19230, 19231, 19232, 19233, 19234,
19234.5, 19235, 19236, 19237, 19238, 19239, 19240, 19241, 19242,
19243, 19244, 19245, 19250, 19251, 19252, 19253, 19254, 19255, 19260,
19261, 19262, 19263, 19264, 19267, 19269, 19270, 19271, 19272,
19273, 19274, and 19275 of, to amend and renumber the headings of
Article 2 (commencing with Section 19220), Article 2.5 (commencing
with Section 19225), Article 3 (commencing with Section 19230), and
Article 4 (commencing with Section 19250) of Chapter 3 of Division 19
of, to amend, renumber, and add Sections 19101, 19102, and 19201 of,
to add Sections 19006, 19282, 19283, and 19286 to, to add Article 2
(commencing with Section 19220) to Chapter 3 of Division 19 of, to
repeal Sections 19205, 19208, 19265, 19266, and 19268 of, and to
repeal and add Section 19206 of, the Elections Code, relating to
voting systems.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 360, Padilla. Certification of voting systems.
   (1) Existing law establishes various procedures and criteria for
the approval by the Secretary of State of voting systems, including
ballot marking systems, to be used in elections.
   This bill would recast and revise those provisions by changing the
term "approval" to the term "certification" and would authorize the
Secretary of State to certify, conditionally approve, as specified,
or withhold approval of a voting system. The bill would provide that
it is the intent of the Legislature that a local jurisdiction be
authorized to use available public funds to research and develop a
nonproprietary voting system, as specified, for use in a pilot
program or for submission to the Secretary of State, and that the
Secretary of State certify all voting systems before they are used in
future elections, adopt and publish testing standards, and encourage
the development of voting systems that are easy to audit. The bill
would require the Secretary of State to adopt and publish voting
system standards and regulations, as specified, and would require the
Secretary of State to study the performance of the voting systems in
use in the state.
   This bill would additionally require the Secretary of State to
publish requirements for the approval of state-approved testing
agencies, as defined, that are authorized to conduct the testing and
examination of voting systems and to approve and publish a list of
authorized testing agencies. The bill also would provide that the
person, corporation, or public agency applying for certification of a
voting system is responsible for all costs associated with the
testing of the voting system.
   (2) Existing law prohibits the use of a voting system unless it
has received the approval of the Secretary of State, as specified.
   This bill would provide that a voting system that has been tested
and approved for use in all elections by the Secretary of State
before January 1, 2014, would be deemed to be certified or
conditionally approved by the Secretary of State and would be
authorized for use in elections, as specified. The bill would
authorize a vendor or county that has submitted a voting system for
federal qualification before August 1, 2013, to request approval of
the voting system from the Secretary of State, as specified. The bill
also would prohibit a jurisdiction from purchasing or contracting
for a voting system unless the voting system has been certified or
conditionally approved by the Secretary of State, except as
specified. The bill would further authorize the Secretary of State to
grant conditional approval to a voting system or part of a voting
system under specified circumstances.
   (3) Existing law provides that a person or corporation owning or
being interested in a voting system or a part of a voting system may
apply to the Secretary of State to examine it and report on its
accuracy and efficiency to fulfill its purpose. As part of its
application, existing law requires the vendor of a voting system or
the part of a voting system to 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, and the Secretary of State is required to
notify the United States Election Assistance Commission or its
successor entity of the problem as soon as practicable so as to
present a reasonably complete description of the problem, as
specified.
   This bill would delete the requirement that the Secretary of State
notify the United States Election Assistance Commission or its
successor entity 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 by the applicant.
   (4) Existing law requires the Secretary of State to provide for a
30-day public review period and conduct a public hearing prior to
publishing his or her decision to certify, conditionally approve, or
withhold certification of a voting system, part of a voting system,
or a ballot marking system. Under existing law, the Secretary of
State is required to transmit notice of the hearing at least 30 days
prior to the public review period and hearing, as specified.
   This bill would instead require the Secretary of State to transmit
notice of the hearing at least 14 days prior to the public review
period and hearing.
   (5) Within 30 days after completing the examination of any voting
system, existing law requires the Secretary of State to file a report
stating whether the voting system can safely be used, as specified.
   This bill would instead require the Secretary of State to file a
report within 60 days after the completion of the examination of the
voting system, as specified.
   (6) Existing law authorizes a governing board to adopt any kind of
voting system, any combination of voting systems, or any combination
of a voting system and paper ballots for use at elections, as
specified. Provisions of existing law authorize the use of the voting
systems at any or all elections held in any county, city, or any of
their political subdivisions for voting, registering, and counting
votes cast, and prohibit candidates for a single office from being
split between voting systems or between a voting system and paper
ballots.
   This bill would delete those provisions.
   (7) Existing law authorizes a governing board to provide for the
experimental use of a voting system in one or more precincts without
formally adopting the system and provides that the experimental use
of the system at the election is valid for all purposes as if it were
lawfully adopted.
   This bill would authorize a governing board to conduct a pilot
program for the experimental use of voting systems, as specified, and
would require the Secretary of State to adopt and publish
regulations governing voting system pilot programs. No later than 9
months before the election at which a pilot program is proposed to be
conducted, the bill would require the governing board to submit to
the Secretary of State a plan for the proposed pilot program, and
would require the Secretary of State to approve or reject the plan
within 3 months of receipt of the plan. The bill would require votes
cast on a voting system during a pilot program, as specified, to be
subject to risk-limiting audits, as defined. Upon completion of the
pilot program, the bill would require the governing board to notify
the Secretary of State in writing of any defect, fault, or failure in
the hardware, software, or firmware of the voting system.
   (8) Upon examination of a voting system or a ballot marking
system, existing law provides that if a report is issued that states
that the voting system or ballot marking system can be used, it is
deemed approved by the Secretary of State for use at elections.
   This bill would delete the above provision and would make
conforming changes.
   (9) The Voting Modernization Bond Act of 2002 authorizes the
issuance of bonds in the amount of $200,000,000 pursuant to the State
General Obligation Bond Law for the purpose of assisting counties in
the purchase of updated voting systems.
   This bill would authorize a county to use fund moneys to contract
and pay for research and development of a new voting system that has
not been certified or conditionally approved by the Secretary of
State, as specified, and for the manufacture of the minimum number of
voting system units, as specified.
   (10) Existing law prohibits the Secretary of State, on and after
January 1, 2005, from approving a direct recording electronic voting
system unless the system has received federal qualification and
includes an accessible voter verified paper audit trail.
   This bill would prohibit a city or county from contracting for or
purchasing a direct recording electronic voting system unless the
system has been certified by the Secretary of State, and would
require all direct recording electronic voting systems in use as of
January 1, 2006, to have received federal qualification and include
an accessible voter verified paper audit trail, as specified.
   This bill would incorporate additional changes to be operative
only if Assembly Bill 214 and this bill are both chaptered and become
effective January 1, 2014.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Division 19 (commencing with Section
19001) of the Elections Code is amended to read:

      DIVISION 19.  CERTIFICATION OF VOTING SYSTEMS


  SEC. 2.  Section 19006 is added to the Elections Code, to read:
   19006.  It is the intent of the Legislature that:
   (a) All voting systems be certified or conditionally approved by
the Secretary of State, independent of voluntary federal
qualification or certification, before they are used in future
elections to ensure that the voting systems have the ability to meet
accuracy, accessibility, and security standards.
   (b) The Secretary of State adopt and publish testing standards
that meet or exceed federal voluntary standards set by the United
States Election Assistance Commission or its successor agency.
   (c) The Secretary of State study and encourage the development of
voting systems that use nonproprietary source code and that are easy
to audit.
   (d) A local jurisdiction may use available public funds to
purchase and maintain any certified or conditionally approved voting
system or part of a voting system.
   (e) California receive the benefits of the publicly funded
development of a nonproprietary voting system in the state.
   (f) A local jurisdiction may use available public funds to
research and develop a nonproprietary voting system that uses
disclosed source codes, including the manufacture of a limited number
of voting system units, for use in a pilot program or for submission
to the Secretary of State for certification.
  SEC. 3.  Section 19100 of the Elections Code is amended to read:
   19100.  The Secretary of State shall study and adopt regulations
governing the use of voting machines, voting devices, vote tabulating
devices, and ballot marking systems, and shall be responsible for
certifying voting systems for use in this state.
  SEC. 4.  Section 19101 of the Elections Code is amended and
renumbered to read:
   19103.  The Chairperson of the Senate Standing Committee on
Elections and Constitutional Amendments and the Chairperson of the
Assembly Standing Committee on Elections and Redistricting shall meet
with the Secretary of State and assist the Secretary of State to the
extent that the participation is not incompatible with their
positions as Members of the Legislature. For purposes of this
division, the chairpersons of the committees named shall constitute a
joint interim legislative committee on the subject of this chapter
and Chapter 3 (commencing with Section 19200) and shall have the
powers and duties imposed upon those committees by the Joint Rules of
the Senate and Assembly.
  SEC. 5.  Section 19101 is added to the Elections Code, to read:
   19101.  (a) The Secretary of State shall adopt and publish voting
system standards and regulations governing the use of voting systems.
The Secretary of State shall adopt standards that meet or exceed
federal voluntary voting system guidelines set forth by the United
States Election Assistance Commission or its successor agency. Until
state standards are adopted, the Voluntary Voting System Guidelines
Draft Version 1.1, as submitted to the United States Election
Assistance Commission on August 31, 2012, shall be used as state
standards to the extent that they do not conflict with this code. The
Secretary of State may require additional testing to ensure that
voting systems meet the requirements of this code.
   (b) Voting 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) The machine or device and its software shall be suitable for
the purpose for which it is intended.
   (2) The system shall preserve the secrecy of the ballot.
   (3) The system shall be safe from fraud or manipulation.
   (4) The system shall be accessible to voters with disabilities
pursuant to Section 19242 and applicable federal laws.
   (5) The system shall be accessible 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 pursuant to Section 14201 and applicable federal laws.
  SEC. 6.  Section 19102 of the Elections Code is amended and
renumbered to read:
   19104.  The Secretary of State may investigate any alleged
violation of this code or the Secretary of State's regulations with
the power to subpoena all necessary persons and records.
  SEC. 6.5.  Section 19102 of the Elections Code is amended and
renumbered to read:
   19105.  The Secretary of State may investigate any alleged
violation of this code or the Secretary of State's regulations with
the power to subpoena all necessary persons and records.
  SEC. 7.  Section 19102 is added to the Elections Code, to read:
   19102.  The Secretary of State shall study the performance of
voting systems in use in the state.
  SEC. 8.  Section 19103 of the Elections Code is amended and
renumbered to read:
   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 either the United States Election
Assistance Commission or 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) 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) The Secretary of State shall adopt regulations relating to all
of the following:
   (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) 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) Procedures for submitting voting system or ballot marking
system source codes.
   (4) Criteria for access to voting system or ballot marking system
source codes.
   (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) The Secretary of State shall have reasonable access to the
materials placed in escrow, under any of the following circumstances:

   (1) In the course of an investigation or prosecution regarding
vote counting or ballot marking equipment or procedures.
   (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) 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) In order to verify that the software on a voting system is
identical to the certified or conditionally approved version.
   (5) For any other purpose deemed necessary to fulfill the
provisions of this code or Section 12172.5 of the Government Code.
   (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) This section applies to all elections.
  SEC. 9.  The heading of Chapter 3 (commencing with Section 19200)
of Division 19 of the Elections Code is amended to read:
      CHAPTER 3.  CERTIFICATION OF VOTING SYSTEMS


  SEC. 10.  The heading of Article 1 (commencing with Section 19200)
of Chapter 3 of Division 19 of the Elections Code is amended to read:


      Article 1.  Procedures for Certification of Voting Systems


  SEC. 11.  Section 19200.5 of the Elections Code is amended and
renumbered to read:
   19204.  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.
  SEC. 12.  Section 19201 of the Elections Code is amended and
renumbered to read:
   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) 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) A vendor or county that has submitted a voting system for
federal qualification before August 1, 2013, upon obtaining federal
qualification before January 1, 2015, 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) 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) Notwithstanding subdivision (d), a local jurisdiction may
contract and pay for the following:
   (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) Manufacture of the minimum number of voting system units
reasonably necessary for either of the following purposes:
   (A) To test and seek certification or conditional approval of the
voting system pursuant to Sections 19210 to 19214, inclusive.
   (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.
  SEC. 13.  Section 19201 is added to the Elections Code, to read:
   19201.  (a) The Secretary of State may grant conditional approval
to a voting system or part of a voting system under either of the
following circumstances:
   (1) 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.
   (2) A certified voting system or part of that voting system is
modified to comply with voting system standards or changes in
statute.
   (b) The Secretary of State may withdraw conditional approval at
any time pursuant to Section 19232.
  SEC. 14.  Section 19202 of the Elections Code is amended and
renumbered to read:
   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) 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)  As used in this article:
   (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) "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) "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.
  SEC. 15.  Section 19203 of the Elections Code is amended and
renumbered to read:
   19223.  The Secretary of State shall use a state-approved testing
agency or expert technicians to examine and test voting systems or
parts of voting 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.
  SEC. 16.  Section 19204 of the Elections Code is amended and
renumbered to read:
   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) 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) 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.
  SEC. 17.  Section 19205 of the Elections Code is repealed.
  SEC. 18.  Section 19206 of the Elections Code is repealed.
  SEC. 19.  Section 19206 is added to the Elections Code, to read:
   19206.  Except as authorized by Section 19209, both of the
following apply:
   (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) 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.
  SEC. 20.  Section 19207 of the Elections Code is amended and
renumbered to read:
   19213.  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.
  SEC. 21.  Section 19208 of the Elections Code is repealed.
  SEC. 22.  Section 19209 of the Elections Code is amended and
renumbered to read:
   19214.  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.
  SEC. 23.  Section 19210 of the Elections Code is amended and
renumbered to read:
   19207.  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.
  SEC. 24.  Section 19211 of the Elections Code is amended and
renumbered to read:
   19209.  (a) For purposes of this section, the following terms have
the following meanings:
   (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) "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) "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) "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) 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) The voting system is certified or conditionally approved prior
to its experimental use.
   (2) The voting system meets all of the following requirements:
   (A) Uses only software and firmware with disclosed source code,
except for unmodified commercial off-the-shelf software and firmware.

   (B) Meets the requirements of subdivision (b) of Section 19101.
   (C) Meets the requirements of the regulations adopted by the
Secretary of State pursuant to subdivision (g).
   (D) Implements risk-limiting audits.
   (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) 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) 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) The current and projected number of voting-eligible
individuals in the jurisdiction.
   (4) The geography and distribution of the population in the
jurisdiction.
   (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) The votes cast on a voting system during a pilot program
pursuant to subdivision (b) shall be subject to risk-limiting audits.

   (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) 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) (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) 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) Risk-limiting audit procedures shall comply with all other
requirements in regulations adopted by the Secretary of State
pursuant to subdivision (g).
   (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) 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.
  SEC. 25.  Section 19212 of the Elections Code is amended and
renumbered to read:
   19208.  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.
  SEC. 26.  Section 19212.5 of the Elections Code is amended and
renumbered to read:
   19215.  (a) If a voting system or a part of a voting system has
been certified or conditionally approved by the Secretary of State or
has been federally qualified, 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 the voting system or a part of the voting system
within 30 calendar days after the vendor learns of the defect, fault,
or failure.
    (b) After receiving written notification of a defect, fault, or
failure pursuant to subdivision (a), the Secretary of State shall
notify the United States Election Assistance Commission or its
successor agency of the problem as soon as practicable so as to
present a reasonably complete description of the problem. The
Secretary of State shall subsequently submit a report regarding the
problem to the United States Election Assistance Commission or its
successor agency. The report shall include any report regarding the
problem submitted to the Secretary of State.
       SEC. 27.  Section 19213 of the Elections Code is amended and
renumbered to read:
   19216.  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.
  SEC. 28.  Section 19214 of the Elections Code is amended and
renumbered to read:
   19217.  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.
  SEC. 29.  Section 19214.5 of the Elections Code is amended and
renumbered to read:
   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) 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) Immediate commencement of proceedings to withdraw
certification or conditional approval for the voting system in
question.
   (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) 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) Any other remedial actions authorized by law to prevent unjust
enrichment of the offending party.
   (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) 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) 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) 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) A penalty imposed pursuant to subparagraph (B) or (C) of
paragraph (1) shall be deposited in the General Fund.
   (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) 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.
  SEC. 30.  Section 19215 of the Elections Code is amended and
renumbered to read:
   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) Venue for a proceeding under this section shall be exclusively
in Sacramento County.
  SEC. 31.  Section 19216 of the Elections Code is amended and
renumbered to read:
   19203.  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.
  SEC. 32.  Section 19217 of the Elections Code is amended and
renumbered to read:
   19205.  A voting system shall comply with all of the following:
   (a) No part of the voting system shall be connected to the
Internet at any time.
   (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) No part of the voting system shall receive or transmit
wireless communications or wireless data transfers.
  SEC. 33.  The heading of Article 2 (commencing with Section 19220)
of Chapter 3 of Division 19 of the Elections Code is amended and
renumbered to read:

      Article 3.  Inspection of Certified and Conditionally Approved
Voting Systems


  SEC. 34.  Section 19220 of the Elections Code is amended and
renumbered to read:
   19230.  The elections official of any county or city using a
voting system shall inspect the machines or devices at least once
every two years to determine their accuracy. Any county or city using
leased or rented equipment shall determine if the equipment has been
inspected for accuracy within the last two years before using it for
any election. The inspection shall be made in accordance with
regulations adopted and promulgated by the Secretary of State. The
elections official shall certify the results of the inspection to the
Secretary of State.
  SEC. 35.  Article 2 (commencing with Section 19220) is added to
Chapter 3 of Division 19 of the Elections Code, to read:

      Article 2.  Voting System Testing Agencies


   19220.  For purposes of this division, "state-approved testing
agency" means a person or entity that is authorized by the Secretary
of State to conduct the testing and examination of a voting system in
connection with certification or conditional approval of the voting
system pursuant to this division.
   19221.  The Secretary of State shall do all of the following:
   (a) Publish requirements for the approval of state-approved
testing agencies that are authorized to conduct the testing and
examination of voting systems. Until the requirements are published,
federally accredited voting system laboratories shall be used to
conduct testing and examination.
   (b) Approve and publish a list of authorized state-approved
testing agencies.
   19222.  The person, corporation, or public agency applying for
certification of a voting system is responsible for all costs
associated with the testing of the voting system.
  SEC. 36.  Section 19221 of the Elections Code is amended and
renumbered to read:
   19231.  (a) If the Secretary of State has reason to believe that a
local inspection of equipment is not adequate, he or she may cause
the equipment to be reexamined, at any time prior to six months
before a statewide election, to ensure that the voting system or
parts of the voting system perform to adopted standards and tabulate
votes accurately.
    (b) For the purpose of reexamining voting equipment, the
Secretary of State may use state-approved testing agencies or expert
technicians at the cost of the elections official.
    (c) The Secretary of State shall furnish a complete report of the
findings to the Governor, to the Attorney General, to each county
elections official, to the chairpersons of the elections committees
of the Assembly and Senate, and to the manufacturer of the equipment.

  SEC. 37.  Section 19222 of the Elections Code is amended and
renumbered to read:
   19232.  The Secretary of State shall review voting systems
periodically to determine if they are defective, obsolete, or
otherwise unacceptable. The Secretary of State has the right to
withdraw his or her certification or conditional approval previously
granted under this chapter of any voting system or part of a voting
system should it be defective or prove unacceptable after such
review. Six months' notice shall be given before withdrawing
certification or conditional approval unless the Secretary of State
for good cause shown makes a determination that a shorter notice
period is necessary. Any withdrawal by the Secretary of State of his
or her previous certification or conditional approval of a voting
system or part of a voting system shall not be effective as to any
election conducted within six months of that withdrawal.
  SEC. 38.  Section 19223 of the Elections Code is amended and
renumbered to read:
   19233.  The Secretary of State shall conduct random audits of the
software installed on direct recording electronic voting systems, as
defined in Section 19271, to ensure that the installed software is
identical to the software that has been approved for use on that
voting system. The Secretary of State shall take steps to ensure that
the process for conducting random audits does not intentionally
cause a direct recording electronic voting system to become more
vulnerable to any unauthorized changes to the software that has been
approved for its use.
  SEC. 39.  The heading of Article 2.5 (commencing with Section
19225) of Chapter 3 of Division 19 of the Elections Code is amended
and renumbered to read:

      Article 4.  Accessible Voting Systems


  SEC. 40.  Section 19225 of the Elections Code is amended and
renumbered to read:
   19240.  It is the intent of the Legislature that California voting
system standards and elections comply with the provisions of the
federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.)
that require voting systems be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and
visually impaired, in a manner that provides the same opportunity for
access and participation, including privacy and independence, as
provided to other voters who are not disabled.
  SEC. 41.  Section 19226 of the Elections Code is amended and
renumbered to read:
   19241.  As used in this article:
   (a) "Access" means the ability to receive, use, select, and
manipulate data and operate controls included in voting technology
and systems.
   (b) "Nonvisual" means synthesized speech, braille, and other
output methods that do not require sight.
  SEC. 42.  Section 19227 of the Elections Code is amended and
renumbered to read:
   19242.  (a) The Secretary of State shall adopt and publish rules
and regulations governing any voting technology and systems used by
the state or any political subdivision that provide voters with
disabilities the access required under the federal Help America Vote
Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
    (b) At each polling place, at least one voting unit certified or
conditionally approved by the Secretary of State shall provide voters
with disabilities the access required under the federal Help America
Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
    (c) A local agency is not required to comply with subdivision (b)
in an election in which a candidate for federal office does not
appear on the ballot unless sufficient funds are available to
implement that provision. Funds received from the proceeds of the
Voting Modernization Bond Act of 2002 (Article 5 (commencing with
Section 19250)), from federal funds made available to purchase new
voting systems, or from any other source except the General Fund,
shall be used for that purpose.
  SEC. 43.  Section 19227.5 of the Elections Code is amended and
renumbered to read:
   19243.  In requiring access for voters with disabilities pursuant
to this article, the Secretary of State shall obtain recommendations
from representatives of blind consumer organizations, experts in
accessible software and hardware design, and any other individual or
organization the Secretary of State determines to be appropriate.
  SEC. 44.  Section 19228 of the Elections Code is amended and
renumbered to read:
   19244.  Compliance with this article in regard to voting
technology and systems purchased prior to the effective date of this
article shall be achieved at the time of procurement of an upgrade or
replacement of existing voting equipment or systems.
  SEC. 45.  Section 19229 of the Elections Code is amended and
renumbered to read:
   19245.  (a) A person injured by a violation of this article may
maintain an action for injunctive relief to enforce this article.
   (b) An action for injunctive relief shall be commenced within four
years after the cause of action accrues.
   (c) For purposes of this section, a cause of action for a
continuing violation accrues at the time of the latest violation.
  SEC. 46.  Section 19229.5 of the Elections Code is amended and
renumbered to read:
   19246.  This article does not apply to voting by vote by mail
ballot.
  SEC. 47.  The heading of Article 3 (commencing with Section 19230)
of Chapter 3 of Division 19 of the Elections Code is amended and
renumbered to read:

      Article 5.  Voting Modernization Bond Act of 2002
(Shelley-Hertzberg Act)


  SEC. 48.  Section 19230 of the Elections Code is amended and
renumbered to read:
   19250.  This article shall be known and may be cited as the Voting
Modernization Bond Act of 2002 (Shelley-Hertzberg Act).
  SEC. 49.  Section 19231 of the Elections Code is amended and
renumbered to read:
   19251.  The State General Obligation Bond Law (Chapter 4
(commencing with Section 16720) of Part 3 of Division 4 of Title 2 of
the Government Code), except as otherwise provided herein, is
adopted for the purpose of the issuance, sale, and repayment of, and
otherwise providing with respect to, the bonds authorized to be
issued by this article, and the provisions of that law are included
in this article as though set out in full.
  SEC. 50.  Section 19232 of the Elections Code is amended and
renumbered to read:
   19252.  As used in this article:
   (a) "Board" means the Voting Modernization Board, established
pursuant to Section 19256.
   (b) "Bond" means a state general obligation bond issued pursuant
to this article adopting the provisions of the State General
Obligation Bond Law.
   (c) "Bond act" means this article authorizing the issuance of
state general obligation bonds and adopting the State General
Obligation Bond Law by reference.
   (d) "Committee" means the Voting Modernization Finance Committee,
established pursuant to Section 19253.
   (e) "Fund" means the Voting Modernization Fund, created pursuant
to subdivision (b) of Section 19254.
   (f) "Voting system" means any voting machine, voting device, or
vote tabulating device that does not use prescored punch card
ballots.
  SEC. 51.  Section 19233 of the Elections Code is amended and
renumbered to read:
   19253.  (a) The Voting Modernization Finance Committee is hereby
established for the purpose of authorizing the issuance and sale,
pursuant to the State General Obligation Bond Law, of the bonds
authorized by this article.
   (b) The committee consists of the Controller, the Director of
Finance, and the Treasurer, or their designated representatives, all
of whom shall serve without compensation, and a majority of whom
shall constitute a quorum. The Treasurer shall serve as chairperson
of the committee. A majority of the committee may act for the
committee.
   (c) For purposes of this article, the Voting Modernization Finance
Committee is "the committee" as that term is used in the State
General Obligation Bond Law.
  SEC. 52.  Section 19234 of the Elections Code is amended and
renumbered to read:
   19254.  (a) The committee may create a debt or debts, liability or
liabilities, of the State of California, in the aggregate amount of
not more than two hundred million dollars ($200,000,000), exclusive
of refunding bonds, in the manner provided herein for the purpose of
creating a fund to assist counties in the purchase of updated voting
systems.
   (b) The proceeds of bonds issued and sold pursuant to this article
shall be deposited in the Voting Modernization Fund, which is hereby
established.
   (c) A county is eligible to apply to the board for fund money if
it meets all of the following requirements:
   (1) The county has purchased a new voting system after January 1,
1999, and is continuing to make payments on that system on the date
that this article becomes effective.
   (2) The county matches fund moneys at a ratio of one dollar ($1)
of county moneys for every three dollars ($3) of fund moneys.
   (3) The county has not previously requested fund money for the
purchase of a new voting system. Applications for expansion of an
existing system or components related to a previously certified or
conditionally approved application shall be accepted.
   (d) (1) Fund moneys shall only be used to purchase systems
certified or conditionally approved by the Secretary of State.
   (2) A county may use fund moneys to contract and pay for the
following:
   (A) 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.
   (B) Manufacture of the minimum number of voting system units
reasonably necessary for either of the following purposes:
   (i) To test and seek certification or conditional approval for the
voting system pursuant to Sections 19210 to 19214, inclusive.
   (ii) 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.
   (3) Fund moneys shall not be used to purchase a voting system that
uses prescored punch card ballots.
   (e) Any voting system purchased using bond funds that does not
require a voter to directly mark on the ballot must produce, at the
time the voter votes his or her ballot or at the time the polls are
closed, a paper version or representation of the voted ballot or of
all 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 recount or
other recount, audit, or contest.
  SEC. 53.  Section 19234.5 of the Elections Code is amended and
renumbered to read:
   19255.  The Legislature may amend subdivisions (c) and (d) of
Section 19254 and Section 19256 by a statute, passed in each house of
the Legislature by rollcall vote entered in the respective journals,
by not less than two-thirds of the membership in each house
concurring, if the statute is consistent with, and furthers the
purposes of, this article.
  SEC. 54.  Section 19235 of the Elections Code is amended and
renumbered to read:
   19256.  The Voting Modernization Board is hereby established and
designated the "board" for purposes of the State General Obligation
Bond Law, and for purposes of administering the Voting Modernization
Fund. The board consists of five members, three selected by the
Governor and two selected by the Secretary of State. The board shall
have the authority to reject any application for fund money it deems
inappropriate, excessive, or that does not comply with the intent of
this article. A county whose application is rejected shall be allowed
to submit an amended application.
  SEC. 55.  Section 19236 of the Elections Code is amended and
renumbered to read:
   19257.  (a) All bonds authorized by this article, when duly sold
and delivered as provided herein, constitute valid and legally
binding general obligations of the State of California, and the full
faith and credit of the state is hereby pledged for the punctual
payment of both principal and interest thereof. The bonds issued
pursuant to this article shall be repaid within 10 years from the
date they are issued.
   (b) There shall be collected annually, in the same manner and at
the same time as other state revenue is collected, a sum of money, in
addition to the ordinary revenues of the state, sufficient to pay
the principal of, and interest on, the bonds as provided herein. All
officers required by law to perform any duty in regard to the
collection of state revenues shall collect this additional sum.
   (c) On the dates on which funds are remitted pursuant to Section
16676 of the Government Code for the payment of the then maturing
principal of, and interest on, the bonds in each fiscal year, there
shall be returned to the General Fund all of the money in the fund,
not in excess of the principal of, and interest on, any bonds then
due and payable. If the money so returned on the remittance dates is
less than the principal and interest then due and payable, the
balance remaining unpaid shall be returned to the General Fund out of
the fund as soon as it shall become available, together with
interest thereon from the dates of maturity until returned, at the
same rate of interest as borne by the bonds, compounded semiannually.
This subdivision does not grant any lien on the fund or the moneys
therein to holders of any bonds issued under this article. However,
this subdivision shall not apply in the case of any debt service that
is payable from the proceeds of any refunding bonds. For purposes of
this subdivision, "debt service" means the principal (whether due at
maturity, by redemption, or acceleration), premium, if any, or
interest payable on any date to any series of bonds.
  SEC. 56.  Section 19237 of the Elections Code is amended and
renumbered to read:
   19258.  Notwithstanding Section 13340 of the Government Code,
there is hereby continuously appropriated from the General Fund, for
purposes of this article, a sum of money that will equal both of the
following:
   (a) That sum annually necessary to pay the principal of, and the
interest on, the bonds issued and sold as provided herein, as that
principal and interest become due and payable.
   (b) That sum necessary to carry out Section 19259, appropriated
without regard to fiscal years.
  SEC. 57.  Section 19238 of the Elections Code is amended and
renumbered to read:
   19259.  For purposes of this article, the Director of Finance may,
by executive order, authorize the withdrawal from the General Fund
of a sum of money not to exceed the amount of the unsold bonds that
have been authorized by the committee to be sold pursuant to this
article. Any sums withdrawn shall be deposited in the fund. All
moneys made available under this section to the board shall be
returned by the board to the General Fund, plus the interest that the
amounts would have earned in the Pooled Money Investment Account,
from the sale of bonds for the purpose of carrying out this article.
  SEC. 58.  Section 19239 of the Elections Code is amended and
renumbered to read:
   19260.  The board may request the Pooled Money Investment Board to
make a loan from the Pooled Money Investment Account, in accordance
with Section 16312 of the Government Code, for the purpose of
carrying out this article. The amount of the request shall not exceed
the amount of unsold bonds which the committee has, by resolution,
authorized to be sold for the purpose of carrying out this article.
The board shall execute whatever documents are required by the Pooled
Money Investment Board to obtain and repay the loan. Any amounts
loaned shall be deposited in the fund to be allocated by the board in
accordance with this article.
  SEC. 59.  Section 19240 of the Elections Code is amended and
renumbered to read:
   19261.  Upon request of the board, supported by a statement of its
plans and projects approved by the Governor, the committee shall
determine whether to issue any bonds authorized under this article in
order to carry out the board's plans and projects and, if so, the
amount of bonds to be issued and sold. Successive issues of bonds may
be authorized and sold to carry out these plans and projects
progressively, and it is not necessary that all of the bonds be
issued or sold at any one time.
  SEC. 60.  Section 19241 of the Elections Code is amended and
renumbered to read:
   19262.  (a) The committee may authorize the Treasurer to sell all
or any part of the bonds authorized by this article at the time or
times established by the Treasurer.
   (b) Whenever the committee deems it necessary for an effective
sale of the bonds, the committee may authorize the Treasurer to sell
any issue of bonds at less than their par value, notwithstanding
Section 16754 of the Government Code. However, the discount on the
bonds shall not exceed 3 percent of the par value thereof.
  SEC. 61.  Section 19242 of the Elections Code is amended and
renumbered to read:
   19263.  Out of the first money realized from the sale of bonds as
provided by this article, there shall be redeposited in the General
Obligation Bond Expense Revolving Fund, established by Section
16724.5 of the Government Code, the amount of all expenditures made
for purposes specified in that section, and this money may be used
for the same purpose and repaid in the same manner
                             whenever additional bond sales are made.

  SEC. 62.  Section 19243 of the Elections Code is amended and
renumbered to read:
   19264.  Any bonds issued and sold pursuant to this article may be
refunded in accordance with Article 6 (commencing with Section 16780)
of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government
Code. The approval of the voters for the issuance of bonds under this
article includes approval for the issuance of bonds issued to refund
bonds originally issued or any previously issued refunding bonds.
  SEC. 63.  Section 19244 of the Elections Code is amended and
renumbered to read:
   19265.  Notwithstanding any provision of the bond act, if the
Treasurer sells bonds under this article for which bond counsel has
issued an opinion to the effect that the interest on the bonds is
excludable from gross income for purposes of federal income tax,
subject to any conditions which may be designated, the Treasurer may
establish separate accounts for the investment of bond proceeds and
for the earnings on those proceeds, and may use those proceeds or
earnings to pay any rebate, penalty, or other payment required by
federal law or take any other action with respect to the investment
and use of bond proceeds required or permitted under federal law
necessary to maintain the tax-exempt status of the bonds or to obtain
any other advantage under federal law on behalf of the funds of this
state.
  SEC. 64.  Section 19245 of the Elections Code is amended and
renumbered to read:
   19266.  The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this article are
not "proceeds of taxes" as that term is used in Article XIII B of
the California Constitution, the disbursement of these proceeds is
not subject to the limitations imposed by Article XIII B.
  SEC. 65.  The heading of Article 4 (commencing with Section 19250)
of Chapter 3 of Division 19 of the Elections Code is amended and
renumbered to read:

      Article 6.  Direct Recording Electronic Voting Systems


  SEC. 66.  Section 19250 of the Elections Code is amended and
renumbered to read:
   19270.  (a) The Secretary of State shall not certify or
conditionally approve a direct recording electronic voting system
unless the system includes an accessible voter verified paper audit
trail.
   (b) On and after January 1, 2006, a city or county shall not
contract for or purchase a direct recording electronic voting system
unless the system has been certified or conditionally approved for
use by the Secretary of State.
   (c) As of January 1, 2006, all direct recording electronic voting
systems in use on that date, regardless of the date it was contracted
for or purchased, shall have received federal qualification and
include an accessible voter verified paper audit trail. If the direct
recording electronic voting system does not include an accessible
voter verified paper audit trail, the system shall be replaced or
modified to include an accessible voter verified paper audit trail.
    (d) All direct recording electronic voting systems shall include
a method by which a voter may electronically verify, through a
nonvisual method, the information that is contained on the paper
record copy of that voter's ballot.
    (e) A paper record copy that is printed by a voter verified paper
audit trail component shall be printed in the same language that the
voter used when casting his or her ballot on the direct recording
electronic voting system. For languages that lack a written form, the
paper record copy shall be printed in English.
  SEC. 67.  Section 19251 of the Elections Code is amended and
renumbered to read:
   19271.  As used in this article:
   (a) "Accessible" means that the information provided on the paper
record copy from the voter verified paper audit trail mechanism is
provided or conveyed to voters via both a visual and a nonvisual
method, such as through an audio component.
   (b) "Direct recording electronic voting system" means a voting
system that records a vote electronically and does not require or
permit the voter to record his or her vote directly onto a tangible
ballot.
   (c) "Voter verified paper audit trail" means a component of a
direct recording electronic voting system that prints a
contemporaneous paper record copy of each electronic ballot and
allows each voter to confirm his or her selections before the voter
casts his or her ballot.
   (d) "Federal qualification" means the system has been certified,
if applicable, by means of qualification testing by a nationally
recognized test laboratory and has met or exceeded the minimum
requirements set forth in the Performance and Text Standards for
Punch Card, Mark Sense, and Direct Recording Electronic Voting
Systems, or in any successor voluntary standard document, developed
and promulgated by the Federal Election Commission, the Election
Assistance Commission, or the National Institute of Standards and
Technology.
   (e) "Paper record copy" means an auditable document printed by a
voter verified paper audit trail component that corresponds to the
voter's electronic vote and lists the contests on the ballot and the
voter's selections for those contests. A paper record copy is not a
ballot.
   (f) "Parallel monitoring" means the testing of a randomly selected
sampling of voting equipment on election day designed to simulate
actual election conditions to confirm that the system is registering
votes accurately.
  SEC. 68.  Section 19252 of the Elections Code is amended and
renumbered to read:
   19272.  To the extent that they are available for expenditure for
the purposes of this article, federal funds or moneys from the Voting
Modernization Fund, created pursuant to subdivision (b) of Section
19254, shall be used. No moneys from the General Fund shall be
expended for the purposes of this article.
  SEC. 69.  Section 19253 of the Elections Code is amended and
renumbered to read:
   19273.  (a) On a direct recording electronic voting system, the
electronic record of each vote shall be considered the official
record of the vote, except as provided in subdivision (b).
   (b) (1) The voter verified paper audit trail shall be considered
the official paper audit record and shall be used for the required
1-percent manual tally described in Section 15360 and any full
recount or post-election audit.
   (2) The voter verified paper audit trail shall govern if there is
any difference between it and the electronic record during a
1-percent manual tally, full recount, or post-election audit.
  SEC. 70.  Section 19254 of the Elections Code is amended and
renumbered to read:
   19274.  The Secretary of State shall not certify or conditionally
approve a direct recording electronic voting system unless the paper
used for its voter verified paper audit trail 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.
  SEC. 71.  Section 19255 of the Elections Code is amended and
renumbered to read:
   19275.  (a) For each statewide election, the Secretary of State
shall conduct parallel monitoring of each direct recording electronic
voting system on which ballots will be cast. This section shall only
apply to precincts that have more than one direct recording
electronic voting system.
   (b) The results of the parallel monitoring shall be made available
prior to the certification of the election.
  SEC. 72.  The heading of Chapter 3.5 (commencing with Section
19260) of Division 19 of the Elections Code is amended to read:
      CHAPTER 3.5.  CERTIFICATION OF BALLOT MARKING SYSTEMS


  SEC. 73.  Section 19260 of the Elections Code is amended and
renumbered to read:
   19280.  The Secretary of State shall not certify or conditionally
approve a ballot marking system, or part of a ballot marking system,
unless it fulfills the requirements of this code and the regulations
of the Secretary of State.
  SEC. 74.  Section 19261 of the Elections Code is amended and
renumbered to read:
   19281.  (a) A ballot marking 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 the election at which it is to be
first used.
   (b) All other uses of a ballot marking system shall be subject to
the provisions of Section 19202.
  SEC. 75.  Section 19262 of the Elections Code is amended and
renumbered to read:
   19284.  (a) A person, corporation, or public agency owning or
having an interest in the sale or acquisition of a ballot marking
system or a part of a ballot marking 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 ballot marking system. As part of its application,
the applicant of a ballot marking system or a part of a ballot
marking 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 ballot marking system or a part of the
ballot marking system submitted. The Secretary of State shall not
begin his or her certification process until he or she receives a
completed application from the applicant of the ballot marking system
or a part of the ballot marking 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 his or her examination
without undue delay.
   (b) After receiving an applicant's written notification of a
defect, fault, or failure, the Secretary of State shall notify the
United States Election Assistance Commission or its successor entity
of the problem as soon as practicable so as to present a reasonably
complete description of the problem. The Secretary of State shall
subsequently submit a report regarding the problem to the United
States Election Assistance Commission or its successor entity. The
report shall include any report regarding the problem submitted to
the Secretary of State by the applicant.
   (c)  As used in this chapter:
   (1) "Defect" means any flaw in the hardware or documentation of a
ballot marking system that could result in a state of unfitness for
use or nonconformance to the manufacturer's specifications or
applicable law.
   (2) "Failure" means a discrepancy between the external results of
the operation of any software or firmware in a ballot marking system
and the manufacturer's product requirements for that software or
firmware or applicable law.
   (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.
  SEC. 76.  Section 19263 of the Elections Code is amended and
renumbered to read:
   19285.  The Secretary of State shall use a state-approved testing
agency or expert technicians to examine ballot marking 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.
  SEC. 77.  Section 19264 of the Elections Code is amended and
renumbered to read:
   19287.  (a) Prior to publishing his or her decision to certify,
conditionally approve, or withhold certification of a ballot marking
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 ballot marking system.
   (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) The decision of the Secretary of State to certify,
conditionally approve, or withhold certification of a ballot marking
system shall be in writing and shall state the findings of the
Secretary of State. The decision shall be open to public inspection.
  SEC. 78.  Section 19265 of the Elections Code is repealed.
  SEC. 79.  Section 19266 of the Elections Code is repealed.
  SEC. 80.  Section 19267 of the Elections Code is amended and
renumbered to read:
   19288.  Within 60 days after the completion of the examination of
a ballot marking system, the Secretary of State shall make publicly
available a report stating whether the ballot marking system has been
certified or conditionally approved, or whether certification has
been withheld.
  SEC. 81.  Section 19268 of the Elections Code is repealed.
  SEC. 82.  Section 19269 of the Elections Code is amended and
renumbered to read:
   19289.  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.
  SEC. 83.  Section 19270 of the Elections Code is amended and
renumbered to read:
   19290.  (a) If a ballot marking 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 the system or a part of the system
within 30 calendar days after the vendor or jurisdiction learns of
the defect, fault, or failure.
   (b) After receiving written notification of a defect, fault, or
failure pursuant to subdivision (a), the Secretary of State shall
notify the United States Election Assistance Commission or its
successor entity of the problem as soon as practicable so as to
present a reasonably complete description of the problem. The
Secretary of State shall subsequently submit a report regarding the
problem to the United States Election Assistance Commission or its
successor entity. The report shall include any report regarding the
problem submitted to the Secretary of State.
  SEC. 84.  Section 19271 of the Elections Code is amended and
renumbered to read:
   19291.  If a ballot marking 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.
  SEC. 85.  Section 19272 of the Elections Code is amended and
renumbered to read:
   19292.  The Secretary of State may seek injunctive and
administrative relief if a ballot marking 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.
  SEC. 86.  Section 19273 of the Elections Code is amended and
renumbered to read:
   19293.  (a) The Secretary of State may seek all of the following
relief for an unauthorized change in hardware, software, or firmware
in a ballot marking system certified or conditionally approved in
California:
   (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 ballot marking 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 ballot marking
system security efforts.
   (2) Immediate commencement of proceedings to withdraw
certification or conditional approval for the ballot marking system
in question.
   (3) Prohibiting the manufacturer or vendor of a ballot marking
system from doing elections-related business in the state for one,
two, or three years.
   (4) Refund of all moneys paid by a local agency for a ballot
marking system or a part of a ballot marking system that is
compromised by an unauthorized change or modification, whether or not
the ballot marking system has been used in an election.
   (5) Any other remedial actions authorized by law to prevent unjust
enrichment of the offending party.
   (b) (1) The Secretary of State may seek all of the following
relief for a known but undisclosed defect, fault, or failure in a
ballot marking system or part of a ballot marking system certified or
conditionally approved in California:
   (A) Refund of all moneys paid by a local agency for a ballot
marking system or part of a ballot marking system that is defective
due to a known but undisclosed defect, fault, or failure, whether or
not the ballot marking system has been used in an election.
   (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 ballot
marking system units in which the defect, fault, or failure is found.

   (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) A penalty imposed pursuant to subparagraph (B) or (C) of
paragraph (1) shall be deposited in the General Fund.
   (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) 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.
  SEC. 87.  Section 19274 of the Elections Code is amended and
renumbered to read:
   19294.  (a) The Secretary of State may seek injunctive relief
requiring an elections official, or any vendor or manufacturer of a
ballot marking 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) Venue for a proceeding under this section shall be exclusively
in Sacramento County.
  SEC. 88.  Section 19275 of the Elections Code is amended and
renumbered to read:
   19295.  A ballot marking system or part of a ballot marking system
shall not do any of the following:
   (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) Have the capability, including an optional capability, to
store any voter identifiable selections on any remote server.
   (c) Have the capability, including the optional capability, to
tabulate votes.
  SEC. 89.  Section 19282 is added to the Elections Code, to read:
   19282.  The Secretary of State shall not certify or conditionally
approve any ballot marking 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.
  SEC. 90.  Section 19283 is added to the Elections Code, to read:
   19283.  (a) The Secretary of State shall adopt and publish
standards and regulations governing the use of ballot marking
systems. The Secretary of State may also adopt, in whole or in part,
voluntary federal ballot marking voting system standards established
by the United States Election Assistance Commission or its successor
agency.
   (b) Ballot marking 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) The machine or device and its software shall be suitable for
the purpose for which it is intended.
   (2) The ballot marking system shall preserve the secrecy of the
ballot.
   (3) The ballot marking system shall be safe from fraud or
manipulation.
   (4) The ballot marking 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.
  SEC. 91.  Section 19286 is added to the Elections Code, to read:
   19286.  The person, corporation, or public agency applying for
certification of a ballot marking system is responsible for all costs
associated with the testing and examination of the ballot marking
system.
  SEC. 92.  Section 6.5 of this bill shall only become operative if
(1) this bill and Assembly Bill 214 are both enacted and become
effective on or before January 1, 2014, and (2) Assembly Bill 214
adds Section 19104 to the Elections Code, in which case Section 6 of
this bill shall not become operative.          
feedback