California Elections Code 19212 – (a) (1) No later than 10 business days after the Secretary …
(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.
Terms Used In California Elections Code 19212
- Election: means any election including a primary that is provided for under this code. See California Elections Code 318
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
- Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
- Venue: The geographical location in which a case is tried.
- 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
(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 § 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.
(Added by renumbering Section 19103 by Stats. 2013, Ch. 602, Sec. 8. (SB 360) Effective January 1, 2014.)