reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 4 - The Vendor › Section 20642 - Requirements for Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The vendor shall submit the source code, as defined in
					 section 20621 of these regulations, to a
					 certified escrow company for placement in an approved escrow
					 facility.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Repealer of subheading and 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 4 - The Vendor › Section 20643 - Updates to Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Once used in any election, no source code materials in escrow may be changed or
				  modified. Except as specified in this section, change or modification requires
				  that a new escrow be established.
(b) Once used in any election, the unchanged
				  source code shall be retained, at a minimum, for the period of retention
				  required by the Elections Code for other election materials at the same
				  election.
1.
					 Renumbering of former section
					 20645 to new section
					 20643, 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 4 - The Vendor › Section 20644 - Deposit Software Modifications into Escrow

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to being used in any election, the
				  vendor shall submit all voting system or ballot marking system source code
				  changes or modifications into escrow in the same manner and under the same
				  conditions in which the source code materials originally were placed in
				  escrow.
(b) Annually or within 10
				  working days of a major release of an election management system, the vendor
				  shall submit all source code changes or modifications into escrow in the same
				  manner and under the same conditions in which the election management system
				  source code materials originally were placed in escrow.
(c) Within five working days of the
				  submission to the escrow facility of the changed or modified source code, the
				  vendor shall notify each affected election jurisdiction as provided for in
				  Section 20641, with a copy to the Secretary
				  of State, that the source code placed in escrow has been changed or
				  modified.
1.
					 Renumbering of former section
					 20646 to new section
					 20644, 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 4 - The Vendor › Section 20645 - Updates to Submission. [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
					 20645 to new section
					 20643 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 20646 - Deposit Software Modifications into Escrow. [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
					 20646 to new section
					 20644 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 5 - The Escrow Company › Section 20650 - Minimum Requirements for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A certified escrow company shall:
(a) Be authorized by the Secretary of State
				  to operate its escrow facilities.
(b) Submit a copy of every escrow agreement
				  to the Secretary of State. The copy shall be submitted by the escrow company
				  within ten days of the date the escrow agreement is signed.
(c) For every submission of an escrow
				  agreement, maintain records which sufficiently identify and describe the
				  materials deposited in escrow to determine compliance with the agreement
				  between the vendor and the escrow company. The escrow company shall not be
				  required to verify the content of the materials submitted.
(d) Notify, in writing, the Secretary of
				  State within five days of the initial deposit of source code. The notice shall
				  include the name of the vendor and a list describing each of the items
				  comprising the initial submission.
(e) Notify, in writing, the Secretary of
				  State within five days of the termination of any escrow agreement.
(f) Notify, in writing, the Secretary of
				  State within five days of the change of the name of the company or the name of
				  the escrow facility, together with the address, phone number, and name of the
				  contact person for the company and/or facility.
1. New
					 article 5 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 5 - The Escrow Company › Section 20651 - Separation of Interest of Escrow Company with Vendor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The escrow company, its officers, and directors, shall not
					 hold or exercise any direct or indirect financial interest(s) in the
					 vendor.
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 5 - The Escrow Company › Section 20652 - Escrow Company Certification and Escrow Facility Approval Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications for certification as an escrow company and for
					 approval of each escrow facility shall be made in writing to the Secretary of
					 State on the
Escrow Company and Facility Application (2014)
incorporated herein.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Repealer of subheading and 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 5 - The Escrow Company › Section 20653 - Approval for Additional Facilities Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications for approval of an escrow facility not
					 included in the original application shall be made in writing to the Secretary
					 of State on the Escrow Company and Facility Application
					 (2014).
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 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 5 - The Escrow Company › Section 20654 - Term of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Certification remains valid until surrendered by the escrow
					 company or until revoked by the Secretary of State.
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 6 - The Escrow Facility › Section 20660 - Location of Approved Escrow Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each approved escrow facility shall be physically located
					 within the State of California.
1. New
					 article 6 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 6 - The Escrow Facility › Section 20661 - Escrow Facility to Post Notice of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The approved escrow facility shall post a
				  copy of the approval in its business office. The approval shall be posted in a
				  place conspicuous to the public and must also be located so that it is easily
				  readable by members of the public doing business at the escrow
				  facility.
(b) No source code shall
				  be placed in escrow in the facility until the approval is posted according to
				  this section.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 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 6 - The Escrow Facility › Section 20662 - Requirements for Escrow Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For all source code materials each escrow facility
					 shall:
(a) Provide a secure and safe
				  environment in which the humidity, temperature, and air filtration are
				  controlled on a 24-hours-a-day, 7-days-a-week basis. The humidity shall be
				  maintained between 35 and 45 percent and the temperature shall be maintained
				  between 60 and 72 degrees Fahrenheit.
(b) Maintain storage away from electrical,
				  magnetic, and other fields which could potentially damage computer media over
				  time.
(c) Have backup capability to
				  maintain the properly secured environment in the event of power outages or
				  natural disasters.
(d) Maintain
				  physical security of the escrow facility with controlled and restricted access
				  to source code materials placed in escrow.
(e) The source code materials placed in
				  escrow shall be secured in a single container and no other material shall be
				  placed in that container.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 Amendment of first paragraph, subsections (a) and (e) 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 6 - The Escrow Facility › Section 20663 - Continued Approval of Escrow Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Approval remains valid until surrendered by the escrow
					 company or until revoked by the Secretary of State.
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 7 - Access to and Review of Materials in Escrow › Section 20670 - Conditions for Access to Materials Placed in Escrow

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No access to materials placed in escrow shall occur except
					 as specified in (a), (b) or (c) of this section.
(a) Upon an order of an appropriate court in
				  the course of an investigation or prosecution regarding vote counting
				  equipment, voter registration or procedures. The court order shall specify the
				  procedures for reviewing the materials in escrow, including, but not limited
				  to, the name of each person permitted to review the materials, the person or
				  persons responsible for guaranteeing that the materials are not tampered with
				  or otherwise altered, and the time, place, and other conditions under which the
				  materials may be reviewed.
(b) Upon
				  a finding by the Secretary of State that an escrow facility or escrow company
				  is unable or unwilling to maintain materials in escrow in compliance with these
				  regulations.
(c) The Secretary of
				  State may, in furtherance of these regulations, for cause at any time, audit
				  source code materials placed in escrow with an approved escrow facility or a
				  facility for which approval has been withdrawn pursuant to these regulations,
				  for purposes of verifying the contents.
1. New
					 article 7 and section filed 8-8-95; operative 9-7-95 (Register 95, No.
					 32).
2. Amendment of first paragraph and subsection (a), new
					 subsection (c) 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 7 - Access to and Review of Materials in Escrow › Section 20671 - Verification of Materials Placed in Escrow. [Repealed]

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 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 7 - Access to and Review of Materials in Escrow › Section 20672 - Integrity of Materials Placed in Escrow

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person having access to the voting system, ballot
					 marking system, or election management system source code materials shall
					 interfere with or prevent the escrow representative from monitoring the
					 security and the integrity of the source code materials.
1. New
					 section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2.
					 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 8 - The Escrow Agreement › Section 20680 - Vendor Agreement for Escrow Deposits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A vendor may enter into a written agreement with any
					 certified escrow company for deposit of each source code.
1. New
					 article 8 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 8 - The Escrow Agreement › Section 20681 - Minimum Terms Required in Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms of the agreement between the vendor and the
					 escrow company shall include, but not be limited to, the following
					 elements:
(a) Conflict in Financial
				  Interest:
(1) The escrow company, its
				  officers, and directors, do not hold or exercise any direct or indirect
				  financial interest(s) in the vendor.
(2) If a condition in financial interest(s)
				  as specified in this section arises, the escrow company shall:
(A) Advise the vendor of the conflict in
				  financial interest.
(B) Immediately
				  notify any affected election jurisdictions of the conflict in financial
				  interest.
(C) Transfer the source
				  code materials in escrow to another certified escrow company which has no
				  financial interest(s) as specified in this article with the
				  vendor.
(3) The vendor,
				  its officer, and directors, do not hold or exercise any direct or indirect
				  financial interest(s) in this escrow company.
(4) If a conflict in financial interest(s) as
				  specified in this section arises, the vendor shall:
(A) Advise the escrow company of the conflict
				  in financial interest.
(B)
				  Immediately notify any affected election jurisdictions of the conflict in
				  financial interest.
(C) Transfer
				  the source code materials in escrow to another certified escrow company which
				  has no financial interest(s) as specified in the article with the
				  vendor.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6 - Escrow of Source Codes › Article 8 - The Escrow Agreement › Section 20682 - State Not Liable for Any Costs or Any Other's Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Neither the Secretary of State nor the State of California
					 shall be responsible for any of the fees claimed by the vendor, election
					 jurisdictions, or the escrow company to establish the escrow contract. Further,
					 neither the Secretary of State nor the State of California is a party to the
					 agreement and shall not incur any liability for the actions of the parties
					 involved in this escrow agreement.
1. New
					 section and Appendices A-B filed 8-8-95; operative 9-7-95 (Register 95, No.
					 32).
2. Repealer of subheading, amendment of NOTE and repealer of
					 Appendices A and B 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 6.1 - Experimental Use of a Voting System in a Pilot Program › Article 1 - 1. Approval of Pilot Programs › Section 20685 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  No voting system that has not been certified or conditionally approved shall be
				  used in a pilot program except as provided for in this Chapter and Section
				  19209 of
				  the Elections Code.
(b) No later
				  than nine months before the election during which the pilot program of a voting
				  system is proposed to be conducted, the applicant shall submit to the Secretary
				  of State an application to conduct a pilot program.
(c) The Secretary of State shall approve or
				  reject a plan submitted pursuant to this Chapter no later than three months
				  after receipt of the plan.
(d) The
				  voting system shall:
(1) Meet the definition
				  of a voting system pursuant to Section
				  362 of the
				  Elections Code.
(2) Use paper
				  ballots pursuant to Section
				  19203 of
				  the Elections Code.
(i) The paper ballots
				  shall contain the official tint and watermark pursuant to Section
				  13002 of
				  the Elections Code.
(ii) Ballots
				  used by this voting system must comply with Section
				  13004 of
				  the Elections Code and Section
				  20220 of Title 2 of the California
				  Code of Regulations.
(iii) If the
				  voting system includes a ballot on demand system component, that ballot on
				  demand system must be a module within the voting system and comply with
				  California Code of Regulations, Title 2, Sections
				  20260-20268.
(3) Not include features that permit a voter
				  to leave the polling place with a copy of the ballot pursuant to Section
				  19204 of
				  the Elections Code.
(4) Comply with
				  Section
				  19205 of
				  the Elections Code.
(5) The voting
				  system's hardware, software, and firmware, whether disclosed or commercial
				  off-the-shelf, shall not be modified during the duration of the pilot program
				  without prior written approval from the Secretary of State.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.1 - Experimental Use of a Voting System in a Pilot Program › Article 1 - 1. Approval of Pilot Programs › Section 20688 - System Demonstration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The governing board of the jurisdiction
				  that plans to conduct the pilot program shall conduct a demonstration of the
				  system for the Secretary of State within 30 calendar days of submitting the
				  pilot plan at a location as agreed upon by the Secretary of State and the
				  jurisdiction.
(b) At the time of
				  the demonstration the system shall be complete and ready for use by the
				  applicant.
(c) The demonstration
				  shall at a minimum include:
(1) System
				  installation and configuration;
(2)
				  Election setup;
(3) Ballot
				  marking;
(4)
				  Accessibility;
(5)
				  Tabulation;
(6) Post-election
				  procedures; and
(7) Any additional
				  processes and/or procedures specific to system function deemed relevant to the
				  Secretary of State to verify compliance with this Chapter.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.1 - Experimental Use of a Voting System in a Pilot Program › Article 1 - 1. Approval of Pilot Programs › Section 20689 - Review Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Secretary of State shall review the application, Pilot Program Plan, and
				  other documents and materials required pursuant to this Chapter in order to
				  evaluate the voting system.
(b) The
				  applicant shall make available all equipment needed to review the application
				  and Pilot Program Plan in the manner described by the Secretary of
				  State.
(c) An applicant shall
				  respond to clarifying questions from the Secretary of State regarding the pilot
				  program or any application materials within 72 hours or as otherwise agreed by
				  the applicant and the Secretary of State.
(d) The Office of Voting Systems Technology
				  Assessment of the Secretary of State's office shall maintain one working copy
				  of each approved voting system, in its approved configuration, for a minimum of
				  one Gubernatorial or Presidential Election cycle.
1. New
					 section filed 3-29-2023; operative 7-1-2023 (Register 2023, No.
					 13).
Note: Authority cited: Section
						19209,
						Elections Code. Reference: Section
						19209,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.1 - Experimental Use of a Voting System in a Pilot Program › Article 1 - 1. Approval of Pilot Programs › Section 20690 - Incident Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The governing board of the jurisdiction conducting an approved pilot program
				  shall notify the Secretary of State of any incident, defect, failure, or fault
				  in the voting system within 30 calendar days.
(1) Incidents include, but are not limited
				  to, issues such as paper jams, printing errors, or any defect, fault, or
				  failure pursuant to Elections Code sections
				  19215 and
				  19290, and
				  Title 2, California Code of Regulations, section
				  20161.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.1 - Experimental Use of a Voting System in a Pilot Program › Article 1 - 1. Approval of Pilot Programs › Section 20691 - Changes or Modifications to Approved Pilot Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The voting system shall not be changed or
				  modified without prior written approval from the Secretary of State consistent
				  with Section
				  19216 of
				  the Elections Code and Title 2, California Code of Regulations, section
				  20707.
(1) The Secretary of State shall respond to
				  such notification within 72 hours or as otherwise agreed by the applicant and
				  the Secretary of State.
(2) The
				  Secretary of State's failure to respond to such notification shall not
				  constitute approval of any change or modification.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.2 - Procedures and Standards for Reviewing Voting Systems, Parts of a Voting System, and Ballot Marking Devices for Certification or Conditional Approval › Section 20700 - Certification of Voting Systems and Voting System Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In deciding whether to certify,
				decertify, or withhold certification of a voting system, voting system
				procedures, or part of a voting system under Division 19 of the Elections Code,
				the Secretary of State shall apply the standards entitled "California Voting
				System Standards (October 2014)," which are hereby incorporated by
				reference.
(b) The publication
				entitled "California Voting System Standards (October 2014)" may be accessed on
				the Internet at
www.sos.ca.gov
or obtained by
				submitting a written request to the Secretary of State, Office of Voting System
				Technology Assessment, 1500 11th Street, Sacramento, California
				95814.
1. New chapter
				  6.1 (sections
				  20700-20707) and section filed
				  12-10-2014; operative 4-1-2015 (Register 2014, No. 50).
2. Change
				  without regulatory effect renumbering former chapter 6.1 to new chapter 6.2
				  filed 2-6-2023 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 6).
Note: Authority cited: Sections
					 19100,
					 19101,
					 19216 and
					 19242,
					 Elections Code. Reference: Sections
					 19100,
					 19101,
					 19200,
					 19201 and
					 19202,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.2 - Procedures and Standards for Reviewing Voting Systems, Parts of a Voting System, and Ballot Marking Devices for Certification or Conditional Approval › Section 20702 - Deposit of Funds into an Agency Trust Account

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the Office of Voting Systems
				Technology Assessment of the Secretary of State's office has received the
				application, it shall review the application and associated documentation and
				provide the applicant with:
(1) A list of any
				deficiencies.
(2) An estimated
				amount designated as the initial deposit of funds into an Agency Trust Account
				sufficient to guarantee and reimburse the cost of any expenditures associated
				with the examination of the voting system, pursuant to Elections Code section
				19222.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.2 - Procedures and Standards for Reviewing Voting Systems, Parts of a Voting System, and Ballot Marking Devices for Certification or Conditional Approval › Section 20703 - Application Complete Before Examination Begins

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only after the Office of Voting Systems Technology Assessment
				  of the Secretary of State's office has received a completed application,
				  including the deposit of funds into an Agency Trust Account sufficient to
				  guarantee and reimburse the cost of any expenditures associated with the
				  examination of the voting system, may an examination begin. No application
				  shall be deemed to be complete until all required documentation and funds for
				  examination have been submitted to the Secretary of State's
				  office.
1. New section
				  filed 12-10-2014; operative 4-1-2015 (Register 2014, No.
				  50).
Note: Authority cited: Sections
					 19100,
					 19101 and
					 19242,
					 Elections Code. Reference: Sections
					 19100 and
					 19222,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.2 - Procedures and Standards for Reviewing Voting Systems, Parts of a Voting System, and Ballot Marking Devices for Certification or Conditional Approval › Section 20704 - Equipment to Submit for Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of testing, the
				applicant shall provide for the testing process:
(1) At least one working model of the
				specific voting system under review for each phase of testing, if applicable,
				to the Secretary of State for the duration of the testing process. Engineering
				or developmental prototypes are not acceptable. A working model of the specific
				voting system under review shall include:
(A)
				All hardware, software and firmware necessary to run the system;
(B) All COTS software, including necessary
				drivers;
(C) All ballots, if
				applicable, in sufficient quantity for testing purposes;
(D) All peripheral devices, including those
				required for usability and accessibility; and
(E) Any other components recommended by the
				manufacturer for use with that voting system.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.2 - Procedures and Standards for Reviewing Voting Systems, Parts of a Voting System, and Ballot Marking Devices for Certification or Conditional Approval › Section 20705 - Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Office of Voting Systems Technology Assessment of the
				  Secretary of State's office shall conduct the examination of new voting systems
				  seeking initial certification as well as for modified versions of systems that
				  have been certified. The Office of Voting Systems Technology shall use a
				  state-approved testing agency or expert technicians as provided in Division 19
				  of the Elections Code. The examination shall meet the standards established in
				  the "California Voting System Standards (October 2014)."
1. New section
				  filed 12-10-2014; operative 4-1-2015 (Register 2014, No.
				  50).
Note: Authority cited: Sections
					 19100,
					 19101 and
					 19242,
					 Elections Code. Reference: Sections
					 19100,
					 19200,
					 19201,
					 19210 and
					 19223,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.2 - Procedures and Standards for Reviewing Voting Systems, Parts of a Voting System, and Ballot Marking Devices for Certification or Conditional Approval › Section 20706 - Report of Findings and Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon completion of testing of the voting
				system and evaluation of the voting system Use Procedures, the Office of Voting
				Systems Technology Assessment of the Secretary of State's office shall, within
				30 days, provide a staff report to the Secretary of State on the voting system,
				its Use Procedures, and the impacts or effects of the voting system on voting
				in California. The staff report shall identify whether the voting system and
				its Use Procedures materially affect the lawful conduct, accuracy, efficiency,
				privacy or security of elections, or materially affects the convenience to the
				voter of the elections process. The examination of the voting system is deemed
				complete upon submission of the staff report to the Secretary of
				State.
(b) The Office of Voting
				Systems Technology Assessment of the Secretary of State's office shall schedule
				a public hearing to receive testimony and information on the proposed voting
				systems and procedures as provided in Elections Code section
				19211.
1. New section
				  filed 12-10-2014; operative 4-1-2015 (Register 2014, No.
				  50).
Note: Authority cited: Sections
					 19100,
					 19101 and
					 19242,
					 Elections Code. Reference: Sections
					 19100 and
					 19211,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 6.2 - Procedures and Standards for Reviewing Voting Systems, Parts of a Voting System, and Ballot Marking Devices for Certification or Conditional Approval › Section 20707 - Changes or Modifications to a Certified Voting System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person, corporation, or public agency
				owning or having an interest in the sale or acquisition of a voting system or
				part of a voting system may submit a written request for review of any proposed
				change or modification to a certified voting system to the Secretary of State's
				office. All requests shall be submitted in writing to the Office of Voting
				Systems Technology Assessment at 1500 11th Street, Sacramento, CA 95814, or by
				email to
votingsystems@sos.ca.gov
.
(b) The written request for review for a
				change or modification shall, at a minimum, include:
(1) Documentation supporting the need for
				each change or modification;
(2) A
				list of every voting system component -- hardware, firmware, or software --
				that interacts directly or indirectly with the voting system component or
				components for which administrative approval of a change or modification is
				requested;
(3) Version numbers of
				all affected hardware, firmware, or software; and
(4) Classification of each modified hardware,
				firmware, or software component as either commercial off the shelf (COTS),
				third-party, or vendor-developed. Where applicable, the name of any third-party
				company that developed the modified component shall be
				included.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 7 - Ballot Designations › Section 20710 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The regulatory purpose of this Chapter is to ensure the accurate designation of
				the candidate upon the ballot in order that an informed electorate may
				intelligently elect one of the candidates.
(b) The Secretary of State shall, at all
				times, apply and interpret the provisions of Elections Code §
									13107 and
				the regulations included in this Chapter in a manner consistent with the
				regulatory purpose of this Chapter.
(c) Candidates are not required to use a
				ballot designation pursuant to Elections Code §
									13107,
				subdivision (a), and may opt to leave the space for such a designation on the
				ballot blank. In order to notify the elections official as to whether he or she
				will use a ballot designation or will opt to leave the ballot designation space
				blank, the candidate must initial the appropriate box on the Declaration of
				Candidacy or otherwise so indicate on the Declaration of Candidacy.
(d) Pursuant to Elections Code §
									13107,
				subdivision (a), a candidate may submit a proposed ballot designation pursuant
				to any one of the four provisions specified in Elections Code §
									13107,
				subdivision (a), subparts (1) through (4), applicable to that candidate. The
				candidate shall be free to select from which of the applicable four subparts he
				or she is submitting his or her proposed ballot designation.
(e) The regulations set forth in this Chapter
				shall apply only to elections held for offices for which elections returns are
				certified by the Secretary of State of the State of California.
(f) Whenever, the word "should" is used in
				this Chapter, it is recommended, not mandatory.
1. New chapter
				  7 (sections
				  20710-20719) and section filed
				  1-14-98; operative 1-14-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 3).
Note: Authority cited: Section
					 12172.5,
					 Government Code. Reference: Section
					 13107,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 7 - Ballot Designations › Section 20712 - Proposed Ballot Designations Submitted Pursuant to Elections Code Section 13107, Subdivision (a)(1)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proposed ballot designations submitted pursuant to Elections
				  Code §
									13107,
				  subdivision (a)(1), shall be subject to the following provisions:
(a) In the case of candidates holding
				elective city, county, district, state, or federal office, the candidate's
				ballot designation shall be the elective office which the candidate holds at
				the time of filing the nomination documents.
(b) In the case of judicial officers, the
				candidate's ballot designation shall be the elective office which the candidate
				holds at the time of filing the nomination documents.
(c) There shall be no word count limitation
				applicable to ballot designations submitted pursuant to Elections Code §
									13107,
				subdivision (a)(1).
(d) Proposed
				ballot designations indicating a position of legislative leadership or
				leadership in another elected body, such as "Majority Leader of the California
				Senate," "Minority Leader of the California State Assembly," "Speaker of the
				California State Assembly," "President Pro Tempore of the California State
				Senate," "City of Orange Mayor Pro Tem," and the like, are not elective offices
				described in Elections Code §
									13107,
				subdivision (a)(1). Such ballot designations are improper, pursuant to
				Elections Code §
									13107,
				subdivision (a)(1). They may, however, subject to the three-word limit, be
				considered under the provisions of §
									13107(a)(3).
				Examples of acceptable ballot designations under this section include, but are
				not limited to, "Assembly Minority Leader," "California Assembly Speaker," and
				"Mayor Pro Tem."
(e) Proposed
				ballot designations indicating that the candidate is a member of the state or
				county central committee of a political party, or an officer of a state or
				county central committee of a political party, are improper, as such positions
				do not constitute elective county or state offices as specified in Elections
				Code §
									13107, subdivision
				(a)(1).
1. New section
				  filed 1-14-98; operative 1-14-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 3).
2. Amendment of subsection (d) filed
				  12-21-2009; operative 12-21-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 52).
Note: Authority cited: Section
					 12172.5,
					 Government Code. Reference: Section
					 13107,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 7 - Ballot Designations › Section 20713 - Proposed Ballot Designations Submitted Pursuant to Elections Code Section 13107, Subdivision (a)(2)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proposed ballot designations submitted pursuant to Elections
				  Code §
									13107,
				  subdivision (a)(2), shall be subject to the following provisions:
(a) A proposed ballot designation submitted
				pursuant to Elections Code §
									13107,
				subdivision (a)(2), is limited "incumbent," as that term is defined in
				Elections Code §
									13107,
				subdivision (a)(2).
(b) The term
				"incumbent" must be used as a noun. It shall not be used in conjunction with
				any other words, including any accompanying adjectives or modifiers, and must
				stand alone. A candidate qualified to use this designation pursuant to
				Elections Code §
									13107,
				subdivision (a)(2), shall be entitled to use the ballot designation
				"Incumbent."
(c) The word
				"incumbent" is strictly limited for use in ballot designations submitted
				pursuant to Elections Code §
									13107,
				subdivision (a)(2), and may not be used as an adjective in any other ballot
				designation.
1. New section
				  filed 1-14-98; operative 1-14-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 3).
Note: Authority cited: Section
					 12172.5,
					 Government Code. Reference: Section
					 13107,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 7 - Ballot Designations › Section 20714 - Proposed Ballot Designations Submitted Pursuant to Elections Code Section 13107, Subdivision (a)(3)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proposed ballot designations submitted pursuant to Elections
				  Code §
									13107,
				  subdivision (a)(3), shall be subject to the following provisions:
(a) The terms "profession," "vocation," or
				"occupation," as those terms are used in Elections Code §
									13107,
				subdivision (a)(3), are defined as follows:
(1) "Profession" means a field of employment
				requiring special education or skill and requiring knowledge of a particular
				discipline. The labor and skill involved in a profession is predominantly
				mental or intellectual, rather than physical or manual. Recognized professions
				generally include, but are not limited to, law, medicine, education,
				engineering, accountancy, and journalism. Examples of an acceptable designation
				of a "profession," as defined in Elections Code §
										13107,
				subdivision (a)(3), include, but are not limited to, "attorney," "physician,"
				"accountant," "architect," and "teacher."
(2) "Vocation" means a trade, a religious
				calling, or the work upon which a person, in most but not all cases, relies for
				his or her livelihood and spends a major portion of his or her time. As
				defined, vocations may include, but are not limited to, religious ministry,
				child rearing, homemaking, elderly and dependent care, and engaging in trades
				such as carpentry, cabinetmaking, plumbing, and the like. Examples of an
				acceptable designation of a "vocation," as defined in Elections Code §
										13107,
				subdivision (a)(3), include, but are not limited to, "minister," "priest,"
				"mother," "father," "homemaker," "dependent care provider," "carpenter,"
				"plumber," "electrician," and "cabinetmaker."
(3) "Occupation" means the employment in
				which one regularly engages or follows as the means of making a livelihood.
				Examples of an acceptable designation of an "occupation," as defined in
				Elections Code §
										13107,
				subdivision (a)(3), include, but are not limited to, "rancher," "restaurateur,"
				"retail salesperson," "manual laborer," "construction worker," "computer
				manufacturing executive," "military pilot," "secretary," and "police
				officer."
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 7 - Ballot Designations › Section 20714.5 - "Community Volunteer."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				"Community Volunteer" means a person who engages in an activity or performs a
				service for or on behalf of, without profiting monetarily, one or more of the
				following:
(1) A charitable, educational, or
				religious organization as defined by the United States Internal Revenue Code
				section 501(c)(3);
(2) A governmental agency; or
(3) An educational
				institution.