Bill Text: CA AB19 | 2013-2014 | Regular Session | Amended

California Assembly Bill 19 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Internet Voting Pilot Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB19 Detail]

Download: California-2013-AB19-Amended.html

BILL NUMBER: AB 19	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013
	AMENDED IN ASSEMBLY  MARCH 20, 2013

INTRODUCED BY   Assembly Member Ting

                        DECEMBER 3, 2012

   An act to add Division 4.5 (commencing with Section 4500) to the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 19, as amended, Ting. Internet Voting Pilot Program.
   Existing law provides for voting at polling places, by vote by
mail ballot, and in mail ballot elections. Existing law prohibits a
voting system from being connected to the Internet, electronically
receiving or transmitting election data, or receiving or transmitting
wireless communications or wireless data transfers.
   This bill would establish an Internet Voting Pilot Program under
which a county may offer Internet voting as an additional method of
voting in a local election held within the county, provided that
specified conditions apply. The pilot program would be required to
test the viability, accuracy, security, integrity, efficacy,
accessibility, and public acceptance of an Internet voting system.
   This bill would require the Secretary of State to certify an
Internet voting system before it may be used by a county in
conducting a pilot program. In order to certify the Internet voting
system, this bill would require the Secretary of State to conduct a
top-to-bottom review of the system and report on the system's
accuracy, security, integrity, efficacy, and accessibility.
   If a county conducts a pilot program, this bill would require the
county to evaluate the program and the county's experience with the
Internet voting system and report thereon to the Legislature and the
Secretary of State.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Division 4.5 (commencing with Section 4500) is added to
the Elections Code, to read:

      DIVISION 4.5.  INTERNET VOTING


      CHAPTER 1.  INTERNET VOTING PILOT PROGRAM


   4500.  For purposes of this chapter, the following terms have the
following meanings:
   (1) "Internet voting" means the casting of a secure and secret
electronic ballot that is transmitted to the appropriate elections
official using the Internet.
   (2) "Internet voting system" means a voting system that uses
electronic ballots and allows a voter to transmit his or her voted
electronic ballot to the appropriate elections official over the
Internet.
   (3) "Program" means the Internet Voting Pilot Program authorized
by this chapter. 
   (4) "Red team or penetration testing" means a method of evaluating
the security of an Internet voting system, including its hardware,
storage devices, or software, by simulating unauthorized access to
the Internet voting system.  
   (4) 
    (5)  "Top-to-bottom review" means a comprehensive and
 scientifically  rigorous examination and analysis of an
Internet voting system.
   4501.  (a) Notwithstanding Section 19217 or any other provision of
law, in order to test the viability of conducting a public election
via the Internet a county may conduct an Internet Voting Pilot
Program under which the county may offer Internet voting as an
additional method of voting in a local election held within the
county, provided that all of the following are satisfied:
   (1) The county board of supervisors authorizes the county to
conduct the program.
   (2) The election is a regularly scheduled or special county,
municipal, or district primary or general election. A local election
that includes a candidate for a federal or state office or a state
measure on the ballot is not eligible to be included in the program.
   (3) The program uses an Internet voting system that was certified
by the Secretary of State prior to the election in the county at
which the system is to be first used.
   (4) The Internet voting system is offered as an additional and
supplemental method of voting, but does not replace any other method
of voting or voting system in place within the county.
   (b) The program shall test the viability, accuracy, security,
integrity, efficacy, accessibility, and public acceptance of an
Internet voting system certified by the Secretary of State.
   4502.  (a) A county, person, or corporation owning or being
interested in an Internet voting system may apply to the Secretary of
State to examine and certify the Internet voting system. The
applicant shall submit to the Secretary of State all relevant
documentation and information requested by the Secretary of State.
   (b) Upon receiving an application to examine and certify an
Internet voting system, the Secretary of State shall conduct a
top-to-bottom review of the Internet voting system and report on its
accuracy, security, integrity, efficacy, and accessibility. 
Notwithstanding   The top-to-bottom review shall include
all of the following:  
   (1) Review and analysis of the Internet voting system's
documentation and specifications, security features, and source code
for its software and firmware.  
   (2) Red team or penetration testing to interactively analyze the
function and performance of the Internet voting system and identify
and document any part of the Internet voting system that may be
vulnerable to tampering or error that could cause incorrect
recording, tabulation, tallying, or reporting of votes or that could
alter critical election data.  
   (3) Testing and observation of the Internet voting system to
evaluate whether it is 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 made available to voters.  
   (4) Review of reports and available data from any independent
examination of the Internet voting system.  
   (5) Review and analysis of any available data relating to the
deployment, implementation, and use of the Internet voting system in
other jurisdictions. 
    (c)     Notwithstanding  any other
provision of law, if the Secretary of State's report states that the
Internet voting system meets the standards of accuracy, security,
integrity, efficacy, and accessibility, the Internet voting system
shall be deemed certified by the Secretary of State and may be used
by a county in conducting a program. 
   (c) 
    (d)  The Secretary of State shall make public the
top-to-bottom review process and the results of each review.
   4503.  (a) If a county conducts a program, the county shall
evaluate the program and the county's experience with the Internet
voting system and shall report thereon to the Legislature and the
Secretary of State. The report shall include a summary of the
demographic information of voters who chose to use traditional voting
methods compared to those who chose to use Internet voting.
   (b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.