(a) The Secretary of State shall not certify or conditionally approve a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit.

(b) (1) For purposes of this subdivision, a voting system that is “noncompliant” is a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit.

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Terms Used In California Elections Code 19204.5

  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362

(2) Notwithstanding subdivision (a), the Secretary of State may, until January 1, 2021, approve a proposed change or modification to a noncompliant voting system even if the voting system will remain noncompliant after the change or modification. This paragraph shall become inoperative on January 1, 2021.

(Added by Stats. 2015, Ch. 723, Sec. 9. (AB 44) Effective January 1, 2016.)

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