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AB-3075 Office of Elections Cybersecurity.(2017-2018)

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Assembly Bill No. 3075
CHAPTER 241

An act to add Section 10.5 to the Elections Code, relating to elections.

[ Approved by Governor  August 28, 2018. Filed with Secretary of State  August 28, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3075, Berman. Office of Elections Cybersecurity.
Existing law establishes the Secretary of State as the chief elections officer of the state.
This bill would create within the Secretary of State the Office of Elections Cybersecurity to coordinate efforts between the Secretary of State and local elections officials to reduce the likelihood and severity of cyber incidents that could interfere with the security or integrity of elections in the state, and to monitor and counteract false or misleading information regarding the electoral process that is published online or on other platforms and that may suppress voter participation or cause confusion and disruption of the orderly and secure administration of elections.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 10.5 is added to the Elections Code, to read:

10.5.
 (a) There is established within the Secretary of State the Office of Elections Cybersecurity.
(b) The primary missions of the Office of Elections Cybersecurity are both of the following:
(1) To coordinate efforts between the Secretary of State and local elections officials to reduce the likelihood and severity of cyber incidents that could interfere with the security or integrity of elections in the state.
(2) To monitor and counteract false or misleading information regarding the electoral process that is published online or on other platforms and that may suppress voter participation or cause confusion and disruption of the orderly and secure administration of elections.
(c) The Office of Elections Cybersecurity shall do all of the following:
(1) Coordinate with federal, state, and local agencies the sharing of information on threats to election cybersecurity, risk assessment, and threat mitigation in a timely manner and in a manner that protects sensitive information.
(2) In consultation with federal, state, and local agencies and private organizations, develop best practices for protecting against threats to election cybersecurity.
(3) In consultation with state and local agencies, develop and include best practices for cyber incident responses in emergency preparedness plans for elections.
(4) Identify resources, such as protective security tools, training, and other resources available to state and county elections officials.
(5) Advise the Secretary of State on issues related to election cybersecurity, and make recommendations for changes to state laws, regulations, and policies to further protect election infrastructure.
(6) Serve as a liaison between the Secretary of State, other state agencies, federal agencies, and local elections officials on election cybersecurity issues.
(7) Coordinate efforts within the Secretary of State to protect the security of Internet-connected elections-related resources, including all of the following:
(i) The state’s online voter registration system established pursuant to Section 2196.
(ii) The statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(iii) The Secretary of State’s election night results Internet Web site.
(iv) The online campaign and lobbying filing and disclosure system developed by the Secretary of State pursuant to Chapter 4.6 (commencing with Section 84600) of Title 9 of the Government Code.
(v) Other parts of the Secretary of State’s Internet Web site.
(8) Assess the false or misleading information regarding the electoral process described in paragraph (2) of subdivision (b), mitigate the false or misleading information, and educate voters, especially new and unregistered voters, with valid information from elections officials such as a county elections official or the Secretary of State.