As used in this chapter, an “election management system” is a system that is used by a county in the state to track voter registration or voter preferences, including, for example, a voter’s vote-by-mail status.
(Added by Stats. 2013, Ch. 268, Sec. 1. (AB 829) Effective January 1, 2014.)
(a) No later than January 31, 2014, and annually thereafter, the vendor of an election management system shall cause an exact copy of the source code for each component of the election management 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. The vendor shall place in escrow source codes for each version of the election management system in use in a county in the state.
(b) The Secretary of State shall adopt regulations relating to all of the following:
(1) The definition of source code components of an election management system, including source
code for all firmware and software of the election management 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 election management system.
(2) Specifications for the escrow facility, including security and environmental specifications necessary for the preservation of the election management system source codes.
(3) Procedures for submitting election management system source codes.
(4) Criteria for access to election management 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 the election management system.
(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 election management system 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) 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 an election management 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 Stats. 2013, Ch. 268, Sec. 1. (AB 829) Effective January 1, 2014.)
(a) For purposes of this section, “electronic poll book” means an electronic list of registered voters that may be transported to the polling location. An electronic poll book shall contain all of the following voter registration data:
(1) Name.
(2) Address.
(3) Precinct.
(4) Party preference.
(5) Whether or not the voter has been issued a vote by mail ballot.
(6) Whether or
not the vote by mail ballot has been recorded as received by the elections official.
(b) An electronic poll book shall not be used unless it has been certified by the Secretary of State.
(c) The Secretary of State shall adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books.
(d) The Secretary of State shall not certify an electronic poll book unless it fulfills the requirements of this section and the Secretary of State’s standards and regulations. The Secretary of State may impose additional conditions of approval as deemed necessary by the Secretary of State.
(Amended by Stats. 2024, Ch. 605, Sec. 2. (SB 1328) Effective September 25, 2024.)