2007 California Elections Code Chapter 2. Secretary Of State Requirements

CA Codes (elec: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) An exact copy of the source code for all ballot tally
software programs certified by the Secretary of State, including all
changes or modifications and new or amended versions, shall be placed
in an approved escrow facility prior to its use.  No voting system
may be used for an election unless an exact copy of the ballot tally
software program source codes is placed in escrow.
   (b) The Secretary of State shall adopt regulations relating to the
following:
   (1) The definition of source codes for ballot tally software.
   (2) Specifications for the escrow facility, including security and
environmental specifications necessary for the preservation of the
ballot tally software program source codes.
   (3) Procedures for submitting ballot tally software program source
codes.
   (4) Criteria for access to ballot tally software program source
codes.
   (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 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, 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.