reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20363 - Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  challenged ballot shall be set aside with a notation indicating the precinct
				  number, the method by which it was originally counted for the official canvass,
				  e.g., voting system, scanner or hand count, the challenge number assigned to
				  the ballot, the reason for the challenge, and the identity of the person making
				  the challenge.
(1) A ballot that was counted
				  in the official canvass, including a counted vote-by-mail or provisional
				  ballot, may be challenged only on grounds visible on the face of the ballot so
				  that the ballot can be isolated and removed from the count if the elections
				  official determines that the ballot was not properly cast.
(2) A voted ballot that was not counted in
				  the official canvass, including a rejected unopened vote-by-mail or provisional
				  ballot, may be challenged and added to the count if the elections official
				  determines that the ballot was properly cast.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 2 - Recount of Votes Cast on Ballot Cards or Paper Ballots and Originally Tabulated Automatically › Section 20370 - Recounts Using the Type of Vote Tabulating Devices Used In the Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				  conducting a recount of ballot cards or paper ballots using the type of vote
				  tabulating devices used in the election, a logic and accuracy test limited to
				  the contest subject to recount shall be conducted on each of the vote
				  tabulating devices to be used in the recount, using a test deck created to test
				  logic and accuracy for the contest to be recounted. The test shall be conducted
				  publicly, subject to any limit made necessary by space limitations on the
				  number of additional public observers beyond those that must be accommodated
				  under section 20356. The results of the test, as well as the test deck used,
				  shall be made available for inspection by any requestor, spokesperson, member
				  of the media or observer present at the recount location between the time the
				  test is completed and the posted time for recounting of ballots to
				  begin.
(b) A recount using the type
				  of vote tabulating devices used in the election shall, to the maximum extent
				  possible, be conducted using the same methods used to tabulate the ballots
				  originally, and shall include the following:
(1) On equipment capable of producing a paper
				  tape or print-out, a zero-results tape or report shall be printed from each
				  vote tabulating device, if feasible without new election coding and if
				  supported by the device in the configuration used in the election, and verified
				  by the requestor and spokespersons prior to any processing of ballots with that
				  device.
(2) If necessary to
				  preserve the original vote count record, a backup of the election results shall
				  be made and the same type of memory media that was used in the election shall
				  be prepared to capture the recount vote results.
(3) Each voted ballot shall be processed with
				  the same type of vote tabulating devices used in the election.
(4) Ballots that cannot be read by the vote
				  tabulating devices shall be corrected or duplicated in accordance with
				  Elections Code sections
				  15208,
				  15210 and
				  15211.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 2 - Recount of Votes Cast on Ballot Cards or Paper Ballots and Originally Tabulated Automatically › Section 20371 - Manual Recounts Generally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) One of the
				  four special recount board members shall read the ballot and call out the vote
				  cast for the contest subject to recount on that ballot; one shall observe that
				  the correct call was made, and two members shall each separately and
				  independently record the votes as called out.
(b) Prior to beginning the actual manual
				  recount, the elections official shall instruct all members of the special
				  recount boards, requestor, interested parties, representatives and observers on
				  the procedures to be followed for the recount and shall provide them with
				  copies of these recount regulations, any local documentation concerning recount
				  procedure, and documentation on how to interpret and read the votes cast on the
				  ballot, consistent with federal and state law and Chapter 4.5 of these
				  regulations. The instructions and documentation shall include a statement that
				  in the event of a challenge, the determination of the elections official shall
				  be final.
(c) Vote-by-mail and
				  early-voted ballots cast from a precinct subject to recount shall be tabulated
				  separately from ballots cast in a polling place on election day.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Sections
						15101,
						15102,
						15103,
						15104,
						15105,
						15106,
						15107,
						15108,
						15109,
						15110,
						15276,
						15290 and
						15625,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 2 - Recount of Votes Cast on Ballot Cards or Paper Ballots and Originally Tabulated Automatically › Section 20372 - Manual Recounts, "Vote for One" Contests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Manual recount tabulation on a voting system in a "Vote for
					 One" contest is subject to the following requirements:
(a) Prior to counting the ballots, and in the
				  clear view of the requestor, spokespersons and observers, all ballots for the
				  precinct shall be separated into stacks that do and do not contain the contest.
				  Those that contain the contest shall be sorted as follows:
(1) Ballots that were not voted for the
				  contest (under-voted);
(2) Ballots
				  that were over-voted for the contest; and
(3) Ballots that were voted for the contest,
				  sorted by candidate or position.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 2 - Recount of Votes Cast on Ballot Cards or Paper Ballots and Originally Tabulated Automatically › Section 20373 - Manual Recounts, "Vote for Multiple" Contests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Manual recount tabulation on a voting system in a "Vote for
					 Multiple" contest is subject to the following requirements:
(a) Prior to counting the ballots for the
				  contest subject to recount, and in the clear view of the requestor,
				  spokespersons and observers, all ballots for the precinct shall be separated
				  into stacks that do and do not contain the contest. Those that contain the
				  contest shall be sorted as follows:
(1)
				  Ballots that were not voted for the contest (under-voted);
(2) Ballots that were over-voted for the
				  contest;
(3) Ballots indicating a
				  vote for the first candidate listed on the ballot for the contest;
				  and
(4) Ballots that do not
				  indicate a vote for the first candidate listed on the ballot for the
				  contest.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 1 - General Provisions › Section 20510 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this chapter is to establish procedures for
					 determining the projected number of valid signatures on an elections petition
					 based on a verification of a random sampling of the petition
					 signatures.
1. New
					 chapter 5, article 1 and section filed 9-28-93; operative 10-28-93 (Register
					 93, No. 40).
Note: Authority cited: Sections
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Sections
						3520,
						3708,
						3755,
						4009,
						4054,
						4091,
						5153.5,
						5200,
						6555.5,
						6831.1,
						27101 and
						27215,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 1 - General Provisions › Section 20511 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter shall apply to the verification of signatures
					 on the following petitions:
(a)
				  Petitions circulated pursuant to Division 5 (commencing with Section
				  3500) of the California Elections
				  Code.
(b) Signatures in Lieu of
				  Filing Fee petitions circulated pursuant to Chapter 5 of Division 6 (commencing
				  with Section
				  6400) of the California Elections
				  Code.
(c) Independent nomination
				  petitions circulated pursuant to Chapter 6 of Division 6 (commencing with
				  Section 6800) of the California Elections
				  Code.
(d) Recall petitions
				  circulated pursuant to Division 16 (commencing with Section
				  27000) of the California Elections
				  Code.
(e) Any other elections
				  petition which is permitted by law to use a random sampling methodology to
				  verify the validity of the signatures on the petition.
1. New
					 section filed 9-28-93; operative 10-28-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Sections
						3520,
						3708,
						3755,
						4009,
						4054,
						4091,
						5153.5,
						5200,
						6555.5,
						6831.1,
						27101 and
						27215,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 1 - General Provisions › Section 20512 - Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this chapter shall apply to the election
					 petitions set forth in Section
					 20511, above, filed with the
					 elections official on or after the effective date of these
					 regulations.
1. New
					 section filed 9-28-93; operative 10-28-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Sections
						3520,
						3708,
						3755,
						4009,
						4054,
						4091,
						5153.5,
						5200,
						6555.5,
						6831.1,
						27101 and
						27215,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 2 - Definitions › Section 20520 - Raw Count

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Raw Count" means the total number of unverified signatures
					 affixed to a petition and submitted to an elections official.
1. New
					 article 2 and section filed 9-28-93; operative 10-28-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Sections
						3520,
						3708,
						3755,
						4009,
						4054,
						4091,
						5153.5,
						5200,
						6555.5,
						6831.1,
						27101 and
						27215,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 2 - Definitions › Section 20521 - Random Sample of Signatures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Random Sample of Signatures" means signatures selected at
					 random using a computerized random numbers generator. The sample of signatures
					 to be verified shall be drawn in such manner that every signature filed with
					 the elections official shall be given equal opportunity to be included in the
					 sample. The percentage of signatures to be randomly sampled is specified in the
					 Elections Code sections relating to the involved types of
					 petitions.
1. New
					 section filed 9-28-93; operative 10-28-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Sections
						3520,
						3708,
						3755,
						4009,
						4054,
						4091,
						5153.5,
						5200,
						6555.5,
						6831.1,
						27101 and
						27215,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 3 - Random Sampling Formula for Verification of Elections Petitions › Section 20530 - Signature Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following steps shall be followed when verifying
					 signatures on an elections petition based on an authorized use of a random
					 sample of the petition signatures.
(a)
				  Identify the random sample percentage from the applicable statute and apply it
				  to the petition, thereby defining the random sample.
(b) Verify the signatures in the sample and
				  determine the number of valid signatures in that sample.
(1) A signer of an elections petition may
				  withdraw his/her signature from the petitions prior to the petition's filing
				  pursuant to Elections Code sections
				  43,
				  4089,
				  5352 and
				  27304. If
				  the withdrawn signature is drawn as part of the random sample, the signature is
				  treated as a signature that is deemed not valid.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 3 - Random Sampling Formula for Verification of Elections Petitions › Section 20531 - Duplicate Signatures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Divide the raw count by the sample size to determine the value of each
				  signature. Compute to four decimal places.
(b) To determine the weight to be assigned to
				  each duplicate signature found in the sample, multiply the value of each
				  signature computed in Section
				  20531(a), above,
				  times the computation in Section
				  20531(a), above,
				  minus one.
(c) To determine the
				  number of estimated duplicate signatures in the entire petition, multiply the
				  number of duplicate signatures found in the random sample by the weight
				  established in Section
				  20531(b), above.
				  Round up to the nearest whole number.
1. New
					 section filed 9-28-93; operative 10-28-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Sections
						3520,
						3708,
						3755,
						4009,
						4054,
						4091,
						5153.5,
						5200,
						6555.5,
						6831.1,
						27101 and
						27215,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 3 - Random Sampling Formula for Verification of Elections Petitions › Section 20532 - Number of Valid Signatures Based on the Verification of a Sampling of the Signatures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  To determine the number of verified signatures based on the random sampling,
				  subtract Section
				  20531(c) from
				  Section 20530(d).
1. New
					 section filed 9-28-93; operative 10-28-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Sections
						3520,
						3708,
						3755,
						4009,
						4054,
						4091,
						5153.5,
						5200,
						6555.5,
						6831.1,
						27101 and
						27215,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 3 - Random Sampling Formula for Verification of Elections Petitions › Section 20533 - Elections Petitions Allowed to be Verified on an on-Going Basis Before the Close of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Signatures in lieu of filing fee petitions verified pursuant to Elections Code
				  section
				  6555.5 may
				  be submitted to the elections official on an on-going basis prior to the close
				  of the circulation period. The elections official may verify signatures using
				  the random sampling methodology provided in these regulations, except that each
				  submission must include the minimum number of signatures set forth in Elections
				  Code section
				  6555.5.
(b) The elections official shall aggregate
				  the statistically-computed signature counts for each submission to determine
				  the total number of valid signatures on the petition.
(c) When verifying a signature in lieu of
				  filing fee petition the elections official may use the random sampling
				  methodology to verify signatures, the full signature verification method, or
				  both methods. If both methods are used to verify signatures on a petition, the
				  results shall be combined to determine the number of valid signatures on the
				  petition.
1. New
					 section filed 9-28-93; operative 10-28-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Section
						6555.5,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 5 - Election Petition Signature Verification Random Sampling Verification Methodology › Article 4 - Miscellaneous › Section 20540 - Example

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An initiative
				  petition was filed in County X. The elections official counted the number of
				  signatures affixed to the petition and determined the raw count to be 24,034.
				  The required three percent random sample for initiative petitions was drawn and
				  722 signatures were randomly selected. The signatures were verified and the
				  results were as follows:
Raw count:
24,034
							 signatures
Random sample (3%):
722
							 signatures
Signatures found valid in
							 sample:
516 signatures
Signatures found not valid in
							 sample:
205 signatures
Signatures requested to be withdrawn found
							 in sample (included in 205 signatures deemed not valid):
1
							 signature
Number of duplicate signatures found in
							 sample:
2 signatures
1.
The elections official computed the
							 percent of valid signatures by dividing the total number of signatures found
							 valid in the sample, 516, by the total number of signatures in the sample,
							 722.
516 / 722 = 71.47%
2.
The elections official then multiplied the
							 raw count of 24,034 by the sample validity rate of 71.47% (or .7147) to
							 determine the number of uncorrected total valid signatures. The result was
							 17,178.
24,034 x .7147 = 17,177.0990 (Round up to 17,178)
3.
To calculate the duplicate signature
							 factor, the elections official divided the raw count sample
							 size.
24,034 + 722 = 33.2881
4.
To determine the weight assigned to each
							 duplicate signature found in the sample, the elections official multiplied the
							 duplicate signature factor computed at #3., above, by the factor computed at
							 #3., above, minus one.
33.2881 x 32.2881 = 1,074.8095 (33.2881 --
							 1.0000 = 32.2881)
5.
The elections official then multiplied the
							 number calculated in #4., above, times the number of duplicate signatures found
							 in the sample (2).
1,074.8095 x 2 = 2,149.6190 (Round up to 2,150)
6.
The elections official determined the
							 number of valid signatures based on the random sample by subtracting the figure
							 computed at Step #5., above, from the figure computed at Step #2.,
							 above.
17,178 -- 2,150 = 15,028
In this example, out of the 24,034 initiative signatures
					 submitted to the elections official, 15,028 signatures were projected to be
					 valid based on the random sample of signatures.
1. New
					 article 4 and section filed 9-28-93; operative 10-28-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						3520,
						Elections Code. Reference: Sections
						3520,
						3708,
						3755,
						4009,
						4054,
						4091,
						5153.5,
						5200,
						6555.5,
						6831.1,
						27101 and
						27215,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 1 - General Purpose › Section 20610 - Application of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations shall apply to every election, all or any
					 portion of which is conducted under the authority of the Elections
					 Code.
1. New
					 chapter 6, article 1 and section filed 8-8-95; operative 9-7-95 (Register 95,
					 No. 32).
2. Amendment of chapter heading, article heading, section
					 and NOTE filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 1 - General Purpose › Section 20611 - Reasons for Placing Source Code into Escrow

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Voting system source code(s), ballot marking system source
					 code(s), and election management system source code(s) (hereinafter: 'source
					 code') shall be placed in escrow in order to:
(a) Protect and enhance the integrity of
				  elections;
(b) Create a record of
				  all versions, including changes or modifications of the source code materials
				  placed in escrow;
(c) Create a
				  record of all applications for access to the source code materials placed in
				  escrow; and
(d) Unless otherwise
				  superseded by a contract between a vendor and an election jurisdiction,
				  preserve the necessary source code information to permit the election
				  jurisdiction to continue the use and maintenance of the source code in the
				  event the vendor is unable, or otherwise fails, to provide maintenance. At no
				  time shall this be construed as a way for either the vendor or the county to
				  violate a contractual obligation to gain access to source code.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Amendment of section heading, section and NOTE filed 12-31-2014; operative
					 4-1-2015 (Register 2015, No. 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 1 - General Purpose › Section 20612 - Placement in Escrow Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The source code for any voting system or
				  ballot marking system intended for use by an election jurisdiction in
				  California must be placed in an approved escrow facility. If the source code
				  has not been placed in an approved escrow facility, no voting system or ballot
				  marking system derived from that source code may be used in any California
				  election conducted pursuant to the Elections Code.
(b) The election management system source
				  code intended for use by an election jurisdiction in California must be placed
				  in an approved escrow facility annually or after each major release.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Amendment of section heading, section and NOTE filed 12-31-2014; operative
					 4-1-2015 (Register 2015, No. 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 1 - General Purpose › Section 20613 - Escrow Facility Must be Approved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this chapter, no escrow facility, including
					 any which may have been providing such services for any vendor prior to the
					 effective date of these regulations, may serve as an escrow facility for
					 purposes of these regulations after the effective date without having first
					 been approved by the Secretary of State pursuant to these
					 regulations.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Amendment of NOTE filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 2 - Definitions › Section 20620 - Voting System, Ballot Marking System, and Election Management System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A "voting system" means a mechanical, electromechanical, or
					 electronic system and its software, or any combination of these used for
					 casting a ballot, tabulating votes, or both. This includes the software that
					 defines the election definition files, ballot layout and structure, results
					 reporting, and event logging. "Voting system" does not include a ballot marking
					 system.
A "ballot marking system" means a mechanical,
					 electromechanical, or electronic system and its software that is used for the
					 sole purpose of marking a ballot for a military or overseas voter and is not
					 connected to a voting system at any time.
An "election management system" is an electronic system
					 that is used by a county in California to track voter registration or voter
					 preferences, including, but not limited to, a voter's vote-by-mail
					 status.
1. New
					 article 2 and section filed 8-8-95; operative 9-7-95 (Register 95, No.
					 32).
2. Repealer of section
					 20620 and renumbering of former
					 section 20621 to section
					 20620, including amendment of
					 section heading, section and NOTE, filed 12-31-2014; operative 4-1-2015
					 (Register 2015, No. 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 2 - Definitions › Section 20622 - Escrow

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Escrow" is the process by which a third party having no
					 direct or indirect financial interest with a vendor holds, for safekeeping, the
					 source code, including all changes or modifications and new or amended
					 versions. A financial interest would exist if the third party, for instance,
					 included a vendor's stocks in its portfolio.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20622 to section
					 20621 and renumbering of former
					 section 20623 to section
					 20622, including amendment of NOTE,
					 filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 2 - Definitions › Section 20623 - Escrow Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Escrow facility" is the physical location in which the
					 source code may be stored. No election jurisdiction may act as an escrow
					 facility to store its own source code.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20623 to section
					 20622 and renumbering of former
					 section 20624 to section
					 20623, including amendment of NOTE,
					 filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 2 - Definitions › Section 20624 - Escrow Company

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Escrow company," for the purposes of this chapter, is any
					 business certified by the Secretary of State to store source
					 code.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20624 to section
					 20623 and renumbering of former
					 section 20625 to section
					 20624, including amendment of NOTE,
					 filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 2 - Definitions › Section 20625 - Escrow Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An "escrow agreement" is a contract or subagreement to hold
					 each source code in escrow. The contract may be a master contract with separate
					 subagreements to hold each source code in escrow or an individual contract
					 entered into for each source code placed in escrow.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20625 to section
					 20624 and renumbering of former
					 section 20626 to section
					 20625, including amendment of NOTE,
					 filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 2 - Definitions › Section 20626 - Vendor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A "vendor" is any person, group, organization, company, or
					 entity, whether or not incorporated, who sells, leases, or grants use of, with
					 or without compensation, a voting system, ballot marking system or an election
					 management system for use by jurisdictions that conduct elections subject to
					 these regulations. The term "vendor" includes election jurisdictions that
					 provide or maintain a voting system, ballot marking system or an election
					 management system for their own use or for the use of others.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20626 to section
					 20625 and renumbering of former
					 section 20627 to section
					 20626, including amendment of
					 section and NOTE, filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 2 - Definitions › Section 20627 - Vendor. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20627 to section
					 20626 filed 12-31-2014; operative
					 4-1-2015 (Register 2015, No. 1).
3. Editorial correction adding
					 HISTORY 2 (Register 2015, No. 2).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						19103,
						Elections Code. Reference: Section
						19103,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20630 - Consider All Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary of State shall consider all applicants for
					 certification as an escrow company and shall certify, in writing, those that
					 meet the minimum requirements set forth in these regulations.
1. New
					 article 3 and section filed 8-8-95; operative 9-7-95 (Register 95, No.
					 32).
2. Repealer of subheading and amendment of NOTE filed
					 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20631 - Review Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to any approval, the Secretary of State shall review,
					 for conformance with these regulations, the procedures proposed by each
					 applicant escrow company for operation of its escrow
					 facilities.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Repealer of subheading and amendment of NOTE filed 12-31-2014; operative
					 4-1-2015 (Register 2015, No. 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20632 - Escrow Company Must be Certified and Escrow Facility Must be Approved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No escrow facility may be used for escrow of any source
					 code until certification has been granted to the escrow company and approval of
					 the escrow facility for such use is received by the escrow company and
					 displayed pursuant to Section
					 20661, subsection (a), of this
					 chapter.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Amendment of NOTE filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20633 - Review and Processing of Applications for Certification or Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within ten
				  working days after receipt of an application for certification as an escrow
				  company or approval of an escrow facility, the Secretary of State shall inform
				  the applicant in writing whether the application is complete and accepted for
				  filing or that it is deficient and what specific information or documentation
				  is required to complete the application.
(b) Within thirty working days of receipt of
				  a completed application, the Secretary of State will inform the applicant
				  whether the application for certification or approval has been approved or
				  denied.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Amendment of NOTE filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20634 - Periodic Inspections of Escrow Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To ensure compliance with these
				  regulations, the Secretary of State shall cause periodic inspections during
				  normal business hours, with or without prior notice, of facilities used to
				  escrow source code(s) and of such records maintained as required by this
				  chapter.
(b) The Secretary of State
				  reserves the right to inspect any facility for which a new application for
				  approval is made.
1. Repealer
					 of subheading and renumbering of former section
					 20635 to new section
					 20634, including amendment of NOTE,
					 filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20635 - Action if Facility Not in Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Secretary of State determines that any escrow
					 facility is not in compliance with these regulations and other applicable law,
					 he or she shall:
(a) Withdraw approval
				  of the escrow facility to store one or more source code(s); and,
(b) Order the temporary removal of source
				  code(s) from such facility, and the transfer of such source code(s) to
				  facilities which are in compliance.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20635 to new section
					 20634 and renumbering of former
					 section 20636 to section
					 20635, including amendment of NOTE,
					 filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20636 - Procedure to Withdraw Approval from Escrow Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No action to withdraw approval of a
				  facility to store source code shall commence until the Secretary of State has
				  mailed a written 30-day notice. The notice shall be sent to the escrow company,
				  the escrow facility, and the vendor(s) storing source code(s) at the
				  facility.
(b) Within ten days of
				  the date of mailing of the 30-day notice, a representative of the escrow
				  facility may request an administrative hearing with the Secretary of State to
				  appeal the determination of non-compliance. The escrow facility shall notify
				  the vendor that a hearing has been requested. If the vendor has received notice
				  of request for administrative hearing, he or she shall notify the election
				  jurisdiction, no later than three days after receipt of such notice, that a
				  hearing has been requested and shall send copies of such notification(s) to the
				  Secretary of State.
(c) Any vendor
				  receiving a notice pursuant to subdivision (a) shall within 10 days of the date
				  of the notice advise in writing any election jurisdiction using a voting
				  system, ballot marking system or an election management system derived from the
				  source code which has been placed in escrow that the Secretary of State will
				  conduct an administrative hearing. The vendor shall notify the affected
				  election jurisdiction(s) that a hearing has been requested.
(d) Within ten days of receipt of the request
				  for an administrative hearing, the Secretary of State shall schedule the
				  hearing and notify the representative of the escrow facility, the vendor, and
				  other interested parties.
(e)
				  Within five days after the administrative hearing, the Secretary of State shall
				  notify the representative of the escrow facility, the vendor, and other
				  interested parties of the decision on the appeal.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20636 to section
					 20635 and renumbering of former
					 section 20637 to section
					 20636, including amendment of
					 section and NOTE, filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20637 - Escrow Company to Comply when Escrow Facility Approval Withdrawn

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Once the Secretary of State has issued an order to remove
					 or transfer the source code and materials, the escrow company shall comply with
					 the order within 24 hours of receipt of the order.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20637 to section
					 20636 and renumbering of former
					 section 20638 to section
					 20637, including amendment of
					 section and NOTE, filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20638 - List of Certified Escrow Companies and Approved Escrow Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary of State shall send to each county chief
					 elections official, to each certified escrow company, to each approved escrow
					 facility, and to each vendor of a voting system, ballot marking system, and
					 election management system source code, a complete list of all certified escrow
					 companies and their facilities approved for use in California no later than
					 January 30 of each year, and within ten days of any change affecting the
					 list.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Renumbering of former section
					 20638 to section
					 20637 and renumbering of former
					 section 20639 to section
					 20638, including amendment of
					 section and NOTE, filed 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 3 - The Secretary of State › Section 20639 - List of Certified Escrow Companies and Approved Escrow Facilities. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Repealer of subheading and renumbering of former section
					 20639 to section
					 20638 filed 12-31-2014; operative
					 4-1-2015 (Register 2015, No. 1).
Note: Authority cited: Section
						12172.5,
						Government Code and Section
						19103,
						Elections Code. Reference: Section
						19103,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 4 - The Vendor › Section 20640 - Separation of Vendor Interests from Escrow Company

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The vendor, its officers, and directors, shall not hold or
					 exercise any direct or indirect financial interest(s) in the escrow
					 company.
1. New
					 article 4 and section filed 8-8-95; operative 9-7-95 (Register 95, No.
					 32).
2. Repealer of subheading and amendment of NOTE filed
					 12-31-2014; operative 4-1-2015 (Register 2015, No.
					 1).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						2501 and
						19212,
						Elections Code. Reference: Sections
						2500,
						2501 and
						19212,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 4 - The Vendor › Section 20641 - Vendor Certification of Deposit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within five working days of any
				  submission of source code materials, each vendor shall certify to each affected
				  election jurisdiction, with a copy to the Secretary of State, that they have
				  placed their source code or codes in escrow. The certification shall include a
				  description of submitted materials sufficient to distinguish them from all
				  other submissions.
(b) The
				  certification shall state:
(1) That all
				  source code information and materials required by these regulations and other
				  applicable law are included in the deposit.
(2) The name of the certified escrow company
				  and the location of the approved escrow facility where the source code
				  materials have been placed in escrow.