reglab/statecodes huggingface dataset:
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 1 - Improper Signature-Gathering Tactics › Section 18600.

18600. Every person is guilty of a misdemeanor who:
(a) Circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any state or local initiative, referendum or recall petition, intentionally misrepresents or intentionally makes any false statement concerning the contents, purport or effect of the petition, or the petition’s Official Top Funders disclosure required by Section 107, to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for the person’s signature.
(b) Willfully and knowingly circulates, publishes, or exhibits any false statement or misrepresentation concerning the contents, purport or effect of any state or local initiative, referendum, or recall petition, or the petition’s Official Top Funders disclosure required by Section 107, for the purpose of obtaining any signature to, or persuading or influencing any person to sign, that petition.
(c) Circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any state or local initiative, intentionally makes any false statement in response to any inquiry by any voter as to whether the person is a paid signature gatherer or a volunteer.
(Amended by Stats. 2019, Ch. 563, Sec. 8. (SB 47) Effective January 1, 2020.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 1 - Improper Signature-Gathering Tactics › Section 18601.

18601. Any person working for the proponent or proponents of an initiative or referendum measure or recall petition who refuses to allow a prospective signer to read the measure or petition is guilty of a misdemeanor.
An arrest or conviction pursuant to this section shall not invalidate or otherwise affect the validity of any signature obtained by the person arrested or convicted.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 1 - Improper Signature-Gathering Tactics › Section 18602.

18602. Any person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Attorney General from the view of a prospective signer is guilty of a misdemeanor.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 1 - Improper Signature-Gathering Tactics › Section 18603.

18603. Every person who offers or gives money or other valuable consideration to another in exchange for his or her signature on a state, county, municipal, or district initiative, referendum, or recall petition is guilty of a misdemeanor.
(Amended by Stats. 1996, Ch. 714, Sec. 26. Effective January 1, 1997.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 1 - Improper Signature-Gathering Tactics › Section 18604.

18604. Upon conviction of a violation of any provision of this article, Article 2 (commencing with Section 18610), Article 3 (commencing with Section 18620), Article 5 (commencing with Section 18640), Article 6 (commencing with Section 18650), or Article 7 (commencing with Section 18660), the court may order as a condition of probation that the convicted person be prohibited from receiving money or other valuable consideration for gathering signatures on an initiative, referendum, or recall petition.
(Added by Stats. 2010, Ch. 372, Sec. 2. (AB 2101) Effective January 1, 2011.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 2 - False or Ineligible Signatures on Petition › Section 18610.

18610. Every person who solicits any circulator to affix to any initiative, referendum, or recall petition any false or forged signature, or to cause or permit a false or forged signature to be affixed, is guilty of a misdemeanor.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 2 - False or Ineligible Signatures on Petition › Section 18611.

18611. Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who circulates or causes to be circulated any initiative, referendum, or recall petition, knowing it to contain false, forged, or fictitious names.
(Amended by Stats. 2011, Ch. 15, Sec. 89. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 2 - False or Ineligible Signatures on Petition › Section 18612.

18612. Every person is guilty of a misdemeanor who knowingly signs his or her own name more than once to any initiative, referendum, or recall petition, or signs his or her name to that petition knowing himself or herself at the time of signing not to be qualified to sign it.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 2 - False or Ineligible Signatures on Petition › Section 18613.

18613. Every person who subscribes to any initiative, referendum, or recall petition a fictitious name, or who subscribes thereto the name of another, or who causes another to subscribe such a name to that petition, is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
(Amended by Stats. 2011, Ch. 15, Sec. 90. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 2 - False or Ineligible Signatures on Petition › Section 18614.

18614. Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who files in the office of the elections official or other officer designated by law to receive the filing, any initiative, referendum, or recall petition to which is attached, appended or subscribed any signature which the person filing the petition knows to be false or fraudulent or not the genuine signature of the person whose name it purports to be.
(Amended by Stats. 2011, Ch. 15, Sec. 91. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 3 - Improper Payments to Prevent Petition Circulation and Filing › Section 18620.

18620. Every person who seeks, solicits, bargains for, or obtains any money, thing of value, or advantage of or from any person, firm, or corporation for the purpose or represented purpose of fraudulently inducing, persuading, or seeking the proponent or proponents of any initiative or referendum measure or recall petition to (a) abandon the measure or petition, (b) fail, neglect, or refuse to file in the office of the elections official or other officer designated by law, within the time required by law, the initiative or referendum measure or recall petition after securing the number of signatures required to qualify the measure or petition, (c) stop the circulation of the initiative or referendum measure or recall petition, or (d) perform any act that will prevent or aid in preventing the initiative or referendum measure or recall petition from qualifying as an initiative or referendum measure, or the recall petition from resulting in a recall election, is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 92. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 3 - Improper Payments to Prevent Petition Circulation and Filing › Section 18621.

18621. Any proponent of an initiative or referendum measure or recall petition who seeks, solicits, bargains for, or obtains any money or thing of value of or from any person, firm, or corporation for the purpose of abandoning the same or stopping the circulation of petitions concerning the same, or failing or neglecting or refusing to file the measure or petition in the office of the elections official or other officer designated by law within the time required by law after obtaining the number of signatures required under the law to qualify the measure or petition, or withdrawing an initiative petition after filing it with the appropriate elections official, or performing any act that will prevent or aid in preventing the initiative, referendum, or recall proposed from qualifying as an initiative or referendum measure, or resulting in a recall election is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(Amended by Stats. 2014, Ch. 697, Sec. 17. (SB 1253) Effective January 1, 2015.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 3 - Improper Payments to Prevent Petition Circulation and Filing › Section 18622.

18622. Every person who offers to buy or does buy from a circulator any referendum, initiative, or recall petition on which one or more persons have affixed their signatures is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or both. This section is not intended to prohibit compensation of a circulator, for his or her services, by a proponent of the petition or his or her agent.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 4 - Threats and Theft to Prevent Petition Circulation and Filing › Section 18630.

18630. Every person who threatens to commit an assault or battery on a person circulating a referendum, initiative, or recall petition or on a relative of a person circulating a referendum, initiative, or recall petition or to inflict damage on the property of the circulator or the relative, with the intent to dissuade the circulator from circulating the petition or in retribution for the circulation, is guilty of a misdemeanor.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 4 - Threats and Theft to Prevent Petition Circulation and Filing › Section 18631.

18631. Every person who forcibly or by stealth takes from the possession of a circulator any initiative, referendum, or recall petition on which one or more persons have affixed their signatures is guilty of a misdemeanor.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 5 - Refusal of Circulators to Turn in Petitions › Section 18640.

18640. Any person working for the proponent or proponents of an initiative or referendum measure or recall petition who solicits signatures to qualify the measure or petition and accepts any payment therefor and who fails to surrender the measure or petition to the proponents thereof for filing is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 94. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 6 - Misuse of Signatures on Petition › Section 18650.

18650. No one shall knowingly or willfully permit the list of signatures on an initiative, referendum, or recall petition to be used for any purpose other than qualification of the initiative or referendum measure or recall question for the ballot, except as provided in Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code. Violation of this section is a misdemeanor.
(Amended by Stats. 2021, Ch. 615, Sec. 103. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 7 - False Affidavits Concerning Petitions › Section 18660.

18660. (a) Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who makes any false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition.
(b) A person, company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition and who does either of the following is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment:
(1) Knowingly directs an affiant to make a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition.
(2) Knows or reasonably should know that an affiant has made a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition and submits the section of the petition that contains the false affidavit.
(Amended by Stats. 2017, Ch. 848, Sec. 1. (AB 1367) Effective January 1, 2018.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 7 - False Affidavits Concerning Petitions › Section 18661.

18661. Every public official or employee is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who knowingly makes any false return, certification or affidavit concerning any initiative, referendum, or recall petition or the signatures appended thereto.
(Amended by Stats. 2011, Ch. 15, Sec. 96. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 8 - Filing Petitions to Defeat an Initiative or Referendum › Section 18670.

18670. Every person is guilty of a misdemeanor who, either as principal or agent, files in the office of the Secretary of State, county elections official, or in the office of any other officer designated by law to receive the filing, a petition or any section of a petition relating to the Constitution or the laws of this state, authorized by the Constitution or laws of this state regulating the statewide initiative or referendum, with the intention of thereby defeating that initiative or referendum measure that is embraced in the petition. Nothing in this section applies to any person who, in good faith, files a petition embracing an initiative or referendum measure that conflicts with a similar measure already on file.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 8 - Filing Petitions to Defeat an Initiative or Referendum › Section 18671.

18671. Any petition, or any section of a petition, filed by any person other than the proponents of an initiative or referendum measure and with an intention of defeating an expression of the public will is null and void.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 7 - Initiative, Referendum, and Recall › ARTICLE 9 - Misuse of Campaign Funds › Section 18680.

18680. Every person who is entrusted with money or things of value for the purpose of promoting or defeating any initiative, referendum, or recall petition or any measure that has qualified for the ballot is a trustee of the money or things of value. If a person wrongfully appropriates the money or things of value to any use or purpose not in the due and lawful execution of the trust, the person shall be punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. The following expenses are within the due and lawful execution of the trust:
(a) Securing signatures to initiative, referendum, or recall petitions.
(b) Circulating initiative, referendum, or recall petitions.
(c) Holding and conducting public meetings.
(d) Printing and circulating prior to an election:
(1) Specimen ballots.
(2) Handbills.
(3) Cards.
(4) Other papers.
(e) Advertising.
(f) Postage.
(g) Expressage.
(h) Telegraphing.
(i) Telephoning.
(j) All salaries and expenses of:
(1) Campaign managers.
(2) Lecturers.
(3) Solicitors.
(4) Agents.
(5) All persons employed in transacting business at headquarters or branch offices, if the business transacted is related to promoting or defeating an initiative, referendum, or recall petition or any measure which has qualified for the ballot.
(k) Maintaining headquarters and branch offices.
(l) Renting of rooms for the transaction of the business of an association.
(m) Attorney’s fees and other costs in connection with litigation where the litigation arises directly out of any of the following:
(1) Activities related to promoting or defeating an initiative, referendum, or recall petition or any measure that has qualified for the ballot.
(2) The enactment, by the initiative process, of any ordinance, charter amendment, statute, or constitutional amendment.
(3) An election contest or recount.
(4) A violation of state or local campaign, disclosure, or election laws.
The amendment of this section by adding subdivision (m) thereto, made at the 1991–92 Regular Session of the Legislature, does not constitute a change in, but is declaratory of, the existing law.
Expenses for food, clothing, shelter and other personal needs of the trustee are not within the due and lawful execution of the trust. However, expenses for travel and necessary accommodations for the trustee are within the due and lawful execution of the trust, if the travel and accommodations are related to promoting or defeating an initiative, referendum, or recall petition or any measure that has qualified for the ballot.
(Amended by Stats. 2011, Ch. 15, Sec. 97. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Elections Code - ELEC › DIVISION 18 - PENAL PROVISIONS › CHAPTER 8 - Obligations of Precinct Board › Section 18700.

18700. Any voter who has filed an application for the position of, and been appointed as a precinct board member and who, without being excused by the county elections official, knowingly fails to act as a precinct board member, is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100).
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 1 - General Provisions › Section 19001.

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 provisions of the law.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 1 - General Provisions › Section 19002.

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 as to any election or precinct for which the provisions of this division are adopted.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 1 - General Provisions › Section 19003.

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 consistent with this division, this division shall govern voting systems.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 1 - General Provisions › Section 19004.

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 machine is made.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 1 - General Provisions › Section 19005.

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 event, the elections official may duplicate the voted ballot cards as provided in Section 15210 and count the duplicate ballots by automatic tabulating device, or may count the voted ballots pursuant to Article 5 (commencing with Section 15270) of Chapter 3 of Division 15.
(Amended by Stats. 2003, Ch. 810, Sec. 25. Effective January 1, 2004.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 1 - General Provisions › Section 19006.

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 federal qualification or certification, before they are used in future elections to ensure that the voting systems have the ability to meet accuracy, accessibility, and security standards.
(b) The Secretary of State adopt and publish testing standards that meet or exceed federal voluntary standards set by the United States Election Assistance Commission or its successor agency.
(c) The Secretary of State study and encourage the development of voting systems that use nonproprietary source code and that are easy to audit.
(d) A local jurisdiction may use available public funds to purchase and maintain any certified or conditionally approved voting system or part of a voting system.
(e) California receive the benefits of the publicly funded development of a nonproprietary voting system in the state.
(f) A local jurisdiction may use available public funds to research and develop a nonproprietary voting system that uses disclosed source codes, including the manufacture of a limited number of voting system units, for use in a pilot program or for submission to the Secretary of State for certification.
(Added by Stats. 2013, Ch. 602, Sec. 2. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 2 - Secretary of State Requirements › Section 19100.

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.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 2 - Secretary of State Requirements › Section 19101.

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.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 2 - Secretary of State Requirements › Section 19102.

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.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 2 - Secretary of State Requirements › Section 19103.

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.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 2 - Secretary of State Requirements › Section 19104.

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.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 2 - Secretary of State Requirements › Section 19105.

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.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19200.

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.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19201.

19201. (a) The Secretary of State may grant conditional approval to a voting system or part of a voting system under either of the following circumstances:
(1) A voting system or part of a voting system was decertified as a result of a review by the Secretary of State pursuant to Section 19232.
(2) A certified voting system or part of that voting system is modified to comply with voting system standards or changes in statute.
(b) The Secretary of State may withdraw conditional approval at any time pursuant to Section 19232.
(Added by Stats. 2013, Ch. 602, Sec. 13. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19202.

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 the Secretary of State prior to any election at which it is to be used.
(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.
(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.
(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.
(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:
(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.
(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:
(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.
(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.
(Amended by Stats. 2016, Ch. 422, Sec. 81. (AB 2911) Effective January 1, 2017.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19203.

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 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.
(Added by renumbering Section 19216 by Stats. 2013, Ch. 602, Sec. 31. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19204.

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 polling place with, a copy or facsimile of the ballot cast by the voter at that polling place.
(Added by renumbering Section 19200.5 by Stats. 2013, Ch. 602, Sec. 11. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19204.5.

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 risk-limiting audit.
(b) (1) For purposes of this subdivision, a voting system that is “noncompliant” is a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit.
(2) Notwithstanding subdivision (a), the Secretary of State may, until January 1, 2021, approve a proposed change or modification to a noncompliant voting system even if the voting system will remain noncompliant after the change or modification. This paragraph shall become inoperative on January 1, 2021.
(Added by Stats. 2015, Ch. 723, Sec. 9. (AB 44) Effective January 1, 2016.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19205.

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 voting system shall electronically receive or transmit election data through an exterior communication network, including the public telephone system, if the communication originates from or terminates at a polling place, satellite location, or counting center.
(c) No part of the voting system shall receive or transmit wireless communications or wireless data transfers.
(Added by renumbering Section 19217 by Stats. 2013, Ch. 602, Sec. 32. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19206.

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, insofar as possible, be placed on the primary voting system.
(b) If 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.
(Repealed and added by Stats. 2013, Ch. 602, Sec. 19. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19207.

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 paper ballots, provided that the voting system or systems involved have been certified or conditionally approved by the Secretary of State or specifically authorized by law pursuant to Section 19209.
(Added by renumbering Section 19210 by Stats. 2013, Ch. 602, Sec. 23. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19207.5.

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 voting system, as defined in Section 362, that has been certified pursuant to this division, to do all of the following:
(1) Provide sufficient numbers of voting machines or voting systems for accessibility pursuant to Section 19242 and the Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(2) Tabulate votes.
(b) If a jurisdiction that administers elections terminates a contract for an existing certified voting system, that termination shall be provisional and shall not become final unless and until the jurisdiction that administers elections has satisfied all of the following:
(1) The jurisdiction has a plan to transition to a new voting system that will ensure compliance with applicable state and federal laws.
(2) The jurisdiction has finalized and signed a new contract for a certified voting system.
(Added by Stats. 2023, Ch. 300, Sec. 4. (AB 969) Effective October 4, 2023.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19208.

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 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.
(Added by renumbering Section 19212 by Stats. 2013, Ch. 602, Sec. 25. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19210.

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 to the Secretary of State for certification that includes testing and examination of the applicant’s system by a state-approved testing agency or expert technicians and a report on the findings, which shall include the accuracy and efficiency of the voting system. As part of its application, the applicant shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the voting system or a part of the voting system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the voting system or a part of the voting system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19213. The Secretary of State shall complete his or her certification process without undue delay.
(b) The Secretary of State shall publish and make publicly available on his or her Internet Web site a quarterly report of regulatory activities related to voting systems.
(c)  As used in this article:
(1) “Defect” means any flaw in the hardware or documentation of a voting system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law.
(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a voting system and the manufacturer’s product requirements for that software or firmware or applicable law.
(3) “Fault” means a step, process, or data definition in any software or firmware in a voting system that is incorrect under the manufacturer’s program specification or applicable law.
(Added by renumbering Section 19202 by Stats. 2013, Ch. 602, Sec. 14. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19211.

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 Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give persons interested an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the voting system.
(b) The Secretary of State shall give notice of the public review period and 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 provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a voting system or part of a voting system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
(Added by renumbering Section 19204 by Stats. 2013, Ch. 602, Sec. 16. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19213.

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 voting system has been certified or conditionally approved, or whether certification has been withheld. The report shall also contain a written or printed description and drawings and photographs that clearly identify the machine or device and its mechanical operation.
(Added by renumbering Section 19207 by Stats. 2013, Ch. 602, Sec. 20. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19214.

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 full and complete copy of the certification report and all associated documentation, except that portions of the report or documentation that contain information that the Secretary of State determines to be confidential or proprietary shall not be made publicly available. The Secretary of State shall also notify the board of supervisors and elections official of each county of the availability of the report and associated documentation.
(Added by renumbering Section 19209 by Stats. 2013, Ch. 602, Sec. 22. (SB 360) Effective January 1, 2014.)
2023 California Code › Elections Code - ELEC › DIVISION 19 - CERTIFICATION OF VOTING SYSTEMS › CHAPTER 3 - Certification of Voting Systems › ARTICLE 1 - Procedures for Certification of Voting Systems › Section 19215.

19215. (a) If a voting system or a part of a voting system has been certified or conditionally approved by the Secretary of State or has been federally qualified, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the voting system or a part of the voting system within 30 calendar days after the vendor learns of the defect, fault, or failure.
(b) After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State.
(Added by renumbering Section 19212.5 by Stats. 2013, Ch. 602, Sec. 26. (SB 360) Effective January 1, 2014.)