2007 California Elections Code Article 1. Procedures For Approval Of Voting Systems

CA Codes (elec:19200-19216)

19200.  The Secretary of State shall not approve any voting system,
or part of a voting system, unless it fulfills the requirements of
this code and the regulations of the Secretary of State.



19200.5.  The Secretary of State shall not approve any voting system
that permits a voter to exit a polling place with a facsimile of the
ballot cast by that voter at that polling place.



19201.  (a) No voting system, in whole or in part, shall be used
unless it has received the approval of the Secretary of State prior
to any election at which it is to be first used.
   (b) No jurisdiction may purchase or contract for a voting system,
in whole or in part, unless it has received the approval of the
Secretary of State.



19202.  Any person or corporation owning or being interested in any
voting system or part of a voting system may apply to the Secretary
of State to examine it and report on its accuracy and efficiency to
fulfill its purpose.   The Secretary of State shall complete his or
her examination without undue delay.


19203.  The Secretary of State may make all arrangements for the
time and place to examine voting equipment proposed to be sold in
this state.  He or she shall furnish a complete report of the
findings of the examining engineers to the Governor and the Attorney
General.



19204.  Prior to giving its decision approving or withholding
approval of any voting machine, voting device, or vote tabulating
device, the Secretary of State shall hold a public hearing to give
persons interested an opportunity to express their views for or
against the machine or device.
   The Secretary of State shall give notice of the hearing in the
manner prescribed in Section 6064 of the Government Code in a
newspaper of general circulation published in Sacramento County.  The
Secretary of State shall also transmit written notice of the
hearing, at least 30 days prior to the hearing, to each county
elections official, to any person that the Secretary of State
believes will be interested in the hearing, and to any person who
requests, in writing, notice of the hearing.
   The decision of the Secretary of State, either approving or
withholding approval of a voting machine, voting device, or vote
tabulating device, shall be in writing and shall state the findings
of the secretary.  The decision shall be open to public inspection.




19205.  The Secretary of State shall establish the specifications
for and the regulations governing voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing.  The
criteria for establishing the specifications and regulations shall
include, but not be limited to, the following:
   (a) The machine or device and its software shall be suitable for
the purpose for which it is intended.
   (b) The system shall preserve the secrecy of the ballot.
   (c) The system shall be safe from fraud or manipulation.



19206.  For the purpose of assistance in examining a voting system
the Secretary of State may employ not more than three expert
electronic technicians at a cost to be set by the Secretary of State.
  The compensation of the electronic technicians shall be paid by the
person or corporation submitting the machine or device.
   The Secretary of State may require the person or corporation
submitting the machine or device to deposit sufficient funds to
guarantee the payment of the examination charges.  The Secretary of
State may deposit the funds in an appropriate treasury trust account
and, within 30 days after his or her report of examination, draw a
refund check to the credit of the person or corporation for any
amount in excess of costs.



19207.  Within 30 days after completing the examination of any
voting system, the Secretary of State shall place on file a report
stating whether in his or her opinion the kind of voting system
examined can safely be used.  The report shall also contain a written
or printed description and drawings and photographs clearly
identifying the machine or device and its mechanical operation.



19208.  If the report states that the voting system can be used, it
shall be deemed approved by the Secretary of State and machines or
devices of its kind may be adopted for use at elections.



19209.  Within 10 days after filing the report, the Secretary of
State shall send a copy to the board of supervisors of each county.



19210.  The governing board may adopt for use at elections any kind
of voting system, any combination of voting systems, any combination
of a voting system and paper ballots, provided that the use of the
voting system or systems involved has been approved by the Secretary
of State or specifically authorized by law.  The voting system or
systems may be used at any or all elections held in any county, city,
or any of their political subdivisions for voting, registering, and
counting votes cast.  When more than one voting system is used to
count ballots, the names of candidates shall, insofar as possible, be
placed upon the primary voting system.  When more than one voting
system or a combination of a voting system and paper ballots is used
to count ballots, a single ballot measure or the candidates for a
single office may not be split between voting systems or between a
voting system and paper ballots.



19211.  The governing board, without formally adopting a system that
it might lawfully adopt, may provide for its experimental use at an
election in one or more precincts.  Its use at the election is as
valid for all purposes as if it were lawfully adopted.



19212.  The governing board may provide for the payment of the cost
of the voting system equipment in any manner and by any method as it
may deem for the best local interests, and also may for that purpose
issue bonds, certificates of indebtedness, or other obligations that
shall be a charge on the county or city.  The bonds, certificates, or
other obligations may be issued with or without interest, payable at
any time as the authorities may determine, but shall not be issued
or sold at less than par.  The governing board may enter into lease
agreements or lease-purchase agreements for the use of equipment.



19213.  When a voting system or a part of a voting system has been
approved by the Secretary of State, it shall not be changed or
modified until the Secretary of State has been notified in writing
and determined that the change or modification does not impair its
accuracy and efficiency sufficient to require a reexamination and
reapproval pursuant to this article.  The Secretary of State may
adopt rules and regulations governing the procedures to be followed
in making his or her determination as to whether the change or
modification impairs accuracy or efficiency.



19214.  The Secretary of State may seek injunctive and
administrative relief when a voting system has been compromised by
the addition or deletion of hardware, software, or firmware without
prior approval.



19214.5.  (a) The Secretary of State may seek all of the following
relief for an unauthorized change in hardware, software, or firmware
to any voting system certified or conditionally certified in
California:
   (1) Monetary damages from the offending party or parties, not to
exceed ten thousand dollars (,000) per violation.  For purposes of
this subdivision, each voting machine found to contain the
unauthorized hardware, software, or firmware shall be considered a
separate violation.  Damages imposed pursuant to this subdivision
shall be apportioned 50 percent to the county in which the violation
occurred, if applicable, and 50 percent to the Office of the
Secretary of State for purposes of bolstering voting systems security
efforts.
   (2) Immediate commencement of decertification proceedings for the
voting system in question.
   (3) Prohibiting the manufacturer or vendor of a voting system from
doing any elections-related business in the state for one, two, or
three years.
   (4) Refund of all moneys paid by a locality for a compromised
voting system, whether or not the voting system has been used in an
election.
   (5) Any other remedial actions authorized by law to prevent unjust
enrichment of the offending party.
   (b) Prior to seeking any measure of relief under this section, the
Secretary of State shall hold a public hearing.  The Secretary of
State shall give notice of the hearing in the manner prescribed by
Section 6064 of the Government Code in a newspaper of general
circulation published in Sacramento County.  The Secretary of State
also shall transmit written notice of the hearing, at least 30 days
prior to the hearing, to each county elections official, the
offending party or parties, any person that the Secretary of State
believes will be interested in the hearing, and any person who
requests, in writing, notice of the hearing.
   (c) The decision of the Secretary of State, to seek any relief
under this section, shall be in writing and state the findings of the
secretary.  The decision shall be open to public inspection.




19215.  (a) The Secretary of State may seek injunctive relief
requiring an elections official, or any vendor or manufacturer of a
voting machine, voting system, or vote tabulating device, to comply
with the requirements of this code, the regulations of the Secretary
of State, and the specifications for voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing.
   (b) Venue for a proceeding under this section shall be exclusively
in Sacramento County.


19216.  The Secretary of State shall not approve any voting system
that uses paper ballots unless the paper used for the ballots is of
sufficient quality that it maintains its integrity and readability
throughout the retention period specified in Chapter 4 (commencing
with Section 17300) of Division 17.