DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001. - 19402.]
Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1.
§§ 19001–19402 · 106 sections
CHAPTER 1. General Provisions §§ 19001–19006 · 6 sections
- § 19001 This division shall be liberally construed so that the real will of the electors will not be defeated by any informality or failure to comply with all of the…
- § 19002 Any provision of this division, insofar as it is inconsistent with any other provision of this code relating to the same subject matter, shall be controlling…
- § 19003 Notwithstanding any other provision of the law to the contrary, including any city or county ordinance, unless that other provision of the law is deemed…
- § 19004 Voting equipment may be loaned or rented for any purposes with the consent of the board of supervisors, if payment for the expenses incident to the use of the…
- § 19005 In the case of electrical failure or other emergency, the official conducting the election may direct that ballots may be marked by pencil or ink. In that…
- § 19006 It is the intent of the Legislature that: (a) All voting systems be certified or conditionally approved by the Secretary of State, independent of voluntary…
CHAPTER 2. Secretary of State Requirements §§ 19100–19105 · 6 sections
- § 19100 The Secretary of State shall study and adopt regulations governing the use of voting machines, voting devices, vote tabulating devices, and ballot marking…
- § 19101 (a) The Secretary of State shall adopt and publish voting system standards and regulations governing the use of voting systems that meet the minimum…
- § 19102 The Secretary of State shall study the performance of voting systems in use in the state.
- § 19103 The Chairperson of the Senate Standing Committee on Elections and Constitutional Amendments and the Chairperson of the Assembly Standing Committee on Elections…
- § 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…
- § 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…
CHAPTER 3. Certification of Voting Systems §§ 19200–19275 · 60 sections
ARTICLE 1. Procedures for Certification of Voting Systems §§ 19200–19219 · 22 sections
- § 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…
- § 19201 (a) (1) The Secretary of State may grant conditional approval to a voting system or part of a voting system under either of the following circumstances: (A) A…
- § 19202 (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by…
- § 19203 The Secretary of State shall not certify or conditionally approve a voting system or a part of a voting system that uses paper ballots unless the paper used…
- § 19204 The Secretary of State shall not certify or conditionally approve any voting system that includes features that permit a voter to produce, and leave the…
- § 19204.5 (a) The Secretary of State shall not certify or conditionally approve a voting system that cannot facilitate the conduct of a ballot level comparison…
- § 19205 A voting system shall comply with all of the following: (a) No part of the voting system shall be connected to the internet at any time. (b) No part of the…
- § 19206 Except as authorized by Section 19209, both of the following apply: (a) If more than one voting system is used to count ballots, the names of candidates shall,…
- § 19207 The governing board may adopt for use at elections any kind of voting system, any combination of voting systems, or any combination of a voting system and…
- § 19207.5 (a) An elections official or the governing body of any jurisdiction that administers elections shall use a voting machine, as defined in Section 361, or a…
- § 19208 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 deems best for local…
- § 19209 (a) For purposes of this section, the following terms have the following meanings: (1) “Commercial off-the-shelf” means mass-produced, readily available…
- § 19210 (a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a voting system or a part of a voting system may apply…
- § 19211 (a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a voting system or part of a voting system, the…
- § 19212 (a) (1) No later than 10 business days after the Secretary of State certifies or conditionally approves the use of a new or updated voting system, the vendor…
- § 19213 Within 60 days after the completion of the examination of a voting system, the Secretary of State shall make publicly available a report stating whether the…
- § 19214 Within 10 days after issuing and filing a certification decision and associated testing reports, the Secretary of State shall make available to the public a…
- § 19215 If a voting system or a part of a voting system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the…
- § 19216 If a voting system or a part of a voting system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified…
- § 19217 The Secretary of State may seek injunctive and administrative relief if a voting system or a part of a voting system has been compromised by the addition or…
- § 19218 (a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a voting system certified or…
- § 19219 (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…
ARTICLE 2. Voting System Testing Agencies §§ 19220–19223 · 4 sections
- § 19220 For purposes of this division, “state-approved testing agency” means a person or entity that is authorized by the Secretary of State to conduct the testing and…
- § 19221 The Secretary of State shall do all of the following: (a) Publish requirements for the approval of state-approved testing agencies that are authorized to…
- § 19222 The person, corporation, or public agency applying for certification of a voting system is responsible for all costs associated with the testing of the voting…
- § 19223 The Secretary of State shall use a state-approved testing agency or expert technicians to examine and test voting systems or parts of voting systems proposed…
ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems §§ 19230–19233 · 4 sections
- § 19230 (a) The elections official of any county, city, or city and county using a voting system shall inspect the machines or devices at least once every two years to…
- § 19231 (a) If the Secretary of State has reason to believe that a local inspection of equipment is not adequate, he or she may cause the equipment to be reexamined,…
- § 19232 The Secretary of State shall review voting systems periodically to determine if they are defective, obsolete, or otherwise unacceptable. The Secretary of State…
- § 19233 The Secretary of State shall conduct random audits of the software installed on direct recording electronic voting systems, as defined in Section 19271, to…
ARTICLE 4. Accessible Voting Systems §§ 19240–19246 · 7 sections
- § 19240 It is the intent of the Legislature that California voting system standards and elections comply with the provisions of the federal Help America Vote Act of…
- § 19241 As used in this article: (a) “Access” means the ability to receive, use, select, and manipulate data and operate controls included in voting technology and…
- § 19242 (a) The Secretary of State shall adopt and publish rules and regulations governing any voting technology and systems used by the state or any political…
- § 19243 In requiring access for voters with disabilities pursuant to this article, the Secretary of State shall obtain recommendations from representatives of blind…
- § 19244 Compliance with this article in regard to voting technology and systems purchased prior to the effective date of this article shall be achieved at the time of…
- § 19245 (a) A person injured by a violation of this article may maintain an action for injunctive relief to enforce this article. (b) An action for injunctive relief…
- § 19246 This article does not apply to voting by vote by mail ballot.
ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) §§ 19250–19266 · 17 sections
- § 19250 This article shall be known and may be cited as the Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act).
- § 19251 The State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except as…
- § 19252 As used in this article: (a) “Board” means the Voting Modernization Board, established pursuant to Section 19256. (b) “Bond” means a state general obligation…
- § 19253 (a) The Voting Modernization Finance Committee is hereby established for the purpose of authorizing the issuance and sale, pursuant to the State General…
- § 19254 (a) The committee may create a debt or debts, liability or liabilities, of the State of California, in the aggregate amount of not more than two hundred…
- § 19255 The Legislature may amend subdivisions (c) and (d) of Section 19254 and Section 19256 by a statute, passed in each house of the Legislature by rollcall vote…
- § 19256 The Voting Modernization Board is hereby established and designated the “board” for purposes of the State General Obligation Bond Law, and for purposes of…
- § 19257 (a) All bonds authorized by this article, when duly sold and delivered as provided herein, constitute valid and legally binding general obligations of the…
- § 19258 Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund, for purposes of this article, a sum of…
- § 19259 For purposes of this article, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of a sum of money not to exceed…
- § 19260 The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the…
- § 19261 Upon request of the board, supported by a statement of its plans and projects approved by the Governor, the committee shall determine whether to issue any…
- § 19262 (a) The committee may authorize the Treasurer to sell all or any part of the bonds authorized by this article at the time or times established by the…
- § 19263 Out of the first money realized from the sale of bonds as provided by this article, there shall be redeposited in the General Obligation Bond Expense Revolving…
- § 19264 Any bonds issued and sold pursuant to this article may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of…
- § 19265 Notwithstanding any provision of the bond act, if the Treasurer sells bonds under this article for which bond counsel has issued an opinion to the effect that…
- § 19266 The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this article are not “proceeds of taxes” as that…
ARTICLE 6. Direct Recording Electronic Voting Systems §§ 19270–19275 · 6 sections
- § 19270 (a) The Secretary of State shall not certify or conditionally approve a direct recording electronic voting system unless the system includes an accessible…
- § 19271 As used in this article: (a) “Accessible” means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism…
- § 19272 To the extent that they are available for expenditure for the purposes of this article, federal funds or moneys from the Voting Modernization Fund, created…
- § 19273 (a) On a direct recording electronic voting system, the electronic record of each vote shall be considered the official record of the vote, except as provided…
- § 19274 The Secretary of State shall not certify or conditionally approve a direct recording electronic voting system unless the paper used for its voter verified…
- § 19275 (a) For each statewide election, the Secretary of State shall conduct parallel monitoring of each direct recording electronic voting system on which ballots…
CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems §§ 19280–19295 · 15 sections
- § 19280 The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system,…
- § 19281 (a) A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of…
- § 19283 (a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems. (b) Remote accessible…
- § 19284 (a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a…
- § 19285 The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or…
- § 19286 The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with…
- § 19287 (a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the…
- § 19288 Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a…
- § 19289 Within 10 days after issuing and filing a certification decision and associated testing reports, the Secretary of State shall make available to the public a…
- § 19290 If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is…
- § 19291 If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until…
- § 19292 The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or…
- § 19293 (a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by…
- § 19294 (a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail…
- § 19295 A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following: (a) Have the capability,…
CHAPTER 4. Elections Using Voting Machines §§ 19300–19381 · 17 sections
ARTICLE 1. General Provisions §§ 19300–19304 · 5 sections
- § 19300 A voting machine shall, except at a direct primary election or any election at which a candidate for voter-nominated office is to appear on the ballot, permit…
- § 19301 (a) A voting machine shall provide in the general election for grouping under the name of the office to be voted on, all the candidates for the office with the…
- § 19302 The labels on voting machines and the way in which candidates’ names are grouped shall conform as nearly as possible to the form of ballot provided for in…
- § 19303 If the voting machine is so constructed that a voter can cast a vote in part for presidential electors of one party and in part for those of one or more other…
- § 19304 A write-in ballot shall be cast in its appropriate place on the machine, or it shall be void and not counted.
ARTICLE 2. Pre-election Procedures §§ 19320–19323 · 4 sections
- § 19320 Before preparing a voting machine for any general election, the elections official shall mail written notice to the chairperson of the county central committee…
- § 19321 The elections official shall affix ballot labels to the machines to correspond with the county voter information guide for the election. He or she shall employ…
- § 19322 When a voting machine has been properly prepared for an election, it shall be locked against voting and sealed. After that initial preparation, a member of the…
- § 19323 The elections official shall deliver to the polling place the supplies necessary to conduct the election, including two county voter information guides, one…
ARTICLE 3. Precincts and Board Members §§ 19340–19341 · 2 sections
- § 19340 Any member of a precinct board who has not previously attended a training class in the use of the voting machines and the duties of a board member shall be…
- § 19341 The precinct board shall consist of one inspector and two judges who shall be appointed and compensated pursuant to the general election laws. One additional…
ARTICLE 4. Procedures at the Polls §§ 19360–19362 · 3 sections
- § 19360 Before unsealing the envelope containing the keys and opening the doors concealing the counters the precinct board shall determine that the number on the seal…
- § 19361 The keys to the voting machines shall be delivered to the precinct board no later than 12 hours before the opening of the polls. They shall be in an envelope…
- § 19362 The exterior of the voting machine and every part of the polling place shall be in plain view of the election precinct board and the poll watchers. The ballot…
ARTICLE 5. Closing the Polls § 19371 · 1 section
- § 19371 Before adjourning, the precinct board shall do all of the following: (a) Comply with the requirements of Section 15250.5. (b) Seal each voting machine with the…
ARTICLE 6. Counting Procedures §§ 19380–19381 · 2 sections
- § 19380 The statement of the result of votes cast, which shall be certified by the precinct board, shall contain: (a) The total number of votes cast. (b) The number of…
- § 19381 The precinct board shall immediately transmit unsealed to the elections official a copy of the result of the votes cast at the polling place, the copy shall be…
CHAPTER 5. Voting System Replacement Contracts §§ 19400–19402 · 2 sections
- § 19400 For purposes of this chapter, the following definitions apply: (a) “Ballot on demand system” means a ballot manufacturing system, as defined in Section 303.4,…
- § 19402 (a) (1) The Secretary of State shall use the funds appropriated to the Secretary of State in the Budget Act of 2018 and the Budget Act of 2019 for voting…