Code Section Group

Elections Code - ELEC

DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402]

  ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. )

CHAPTER 2. Secretary of State Requirements [19100 - 19105]
  ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

19100.
  

The Secretary of State shall study and adopt regulations governing the use of voting machines, voting devices, vote tabulating devices, and ballot marking systems, and shall be responsible for certifying voting systems for use in this state.

(Amended by Stats. 2013, Ch. 602, Sec. 3. (SB 360) Effective January 1, 2014.)

19101.
  

(a) The Secretary of State shall adopt and publish voting system standards and regulations governing the use of voting systems. The Secretary of State shall adopt standards that meet or exceed federal voluntary voting system guidelines set forth by the United States Election Assistance Commission or its successor agency. Until state standards are adopted, the Voluntary Voting System Guidelines Draft Version 1.1, as submitted to the United States Election Assistance Commission on August 31, 2012, shall be used as state standards to the extent that they do not conflict with this code. The Secretary of State may require additional testing to ensure that voting systems meet the requirements of this code.

(b) Voting system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:

(1) The machine or device and its software shall be suitable for the purpose for which it is intended.

(2) The system shall preserve the secrecy of the ballot.

(3) The system shall be safe from fraud or manipulation.

(4) The system shall be accessible to voters with disabilities pursuant to Section 19242 and applicable federal laws.

(5) The system shall be accessible 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 be made available to voters pursuant to Section 14201 and applicable federal laws.

(Added by Stats. 2013, Ch. 602, Sec. 5. (SB 360) Effective January 1, 2014.)

19102.
  

The Secretary of State shall study the performance of voting systems in use in the state.

(Added by Stats. 2013, Ch. 602, Sec. 7. (SB 360) Effective January 1, 2014.)

19103.
  

The Chairperson of the Senate Standing Committee on Elections and Constitutional Amendments and the Chairperson of the Assembly Standing Committee on Elections and Redistricting 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 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.

(Added by renumbering Section 19101 by Stats. 2013, Ch. 602, Sec. 4. (SB 360) Effective January 1, 2014.)

19104.
  

(a) The Secretary of State shall do both of the following by December 31, 2014:

(1) In consultation with county elections officials, establish the procedures and guidelines for voting in the event of a natural disaster or other state of emergency. The Secretary of State shall publish the procedures and guidelines on his or her Internet Web site.

(2) Submit a report to the Legislature on the readiness of the state to hold elections during or following a natural disaster or other state of emergency.

(b) (1) The requirement for submitting a report imposed under paragraph (2) of subdivision (a) is inoperative on December 31, 2018, pursuant to Section 10231.5 of the Government Code.

(2) A report to be submitted pursuant to paragraph (2) of subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(Added by Stats. 2013, Ch. 498, Sec. 1. (AB 214) Effective January 1, 2014.)

19105.
  

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.

(Added by renumbering Section 19102 by Stats. 2013, Ch. 602, Sec. 6.5. (SB 360) Effective January 1, 2014.)

ELECElections Code - ELEC