SECTIONS 19100-19103 - California Statutes

ELECTIONS CODE

SECTION 19100-19103

19100. The Secretary of State shall study and adopt regulations
governing the use of voting machines, voting devices, and vote
tabulating devices.

19101. The Chairperson of the Senate Standing Committee on
Elections and Reapportionment and the Chairperson of the Assembly
Standing Committee on Elections, Reapportionment and Constitutional
Amendments 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
the 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.

19102. 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.

19103. (a) No later than 10 business days after the Secretary of
State approves the use of a new or updated voting system, the vendor
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 the United States Election Assistance Commission or the
voting system testing laboratory, which evaluated the voting system
and is accredited by the United States Election Assistance
Commission, and 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,
including source code for all firmware and software of the voting
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 of the voting system.
(2) Specifications for the escrow facility, including security and
environmental specifications necessary for the preservation of the
voting system source codes.
(3) Procedures for submitting voting system source codes.
(4) Criteria for access to voting system source codes.
(5) Requirements for the vendor 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 approved voting systems.
(c) The Secretary of State shall have reasonable access to the
materials placed in escrow, under the following circumstances:
(1) In the course of an investigation or prosecution regarding
vote counting 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 approval of voting systems.
(4) In order to verify that the software on a voting system,
voting machine, or vote tabulating device is identical to the
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 machine, voting system, or vote tabulating
device, 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.