AB 2252: Elections: remote accessible vote by mail systems.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-07-22
Existing law regulates the voting procedures for military or overseas voters and provides that a military or overseas voter has the right to register for, and to vote by a vote by mail ballot in, any election within the state. Existing law defines a ballot marking system as any 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.
This bill would rename a ballot marking system as a remote accessible vote by mail system. The bill would define a remote accessible vote by mail system as a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot remotely, outside a polling location, for a voter with disabilities or a military or overseas voter who would then be required to print the paper cast vote record to be submitted to the elections official. The bill would also make conforming changes.
Existing law regulates the voting procedures for military or overseas voters and provides that a military or overseas voter has the right to register for, and to vote by a vote by mail ballot in, any election within the state. Existing law defines a ballot marking system as any 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.
This bill would rename a ballot marking system as a remote accessible vote by mail system. The bill would define a remote accessible vote by mail system as a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot remotely, outside a polling location, for a voter with disabilities or a military or overseas voter who would then be required to print the paper cast vote record to be submitted to the elections official. The bill would also make conforming changes.
Existing law regulates the voting procedures for military or overseas voters and provides that a military or overseas voter has the right to register for, and to vote by a vote by mail ballot in, any election within the state. Existing law defines a ballot marking system as any 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.
This bill would rename a ballot marking system as a remote accessible vote by mail system. The bill would define a remote accessible vote by mail system as a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot remotely, outside a polling location, for a voter with disabilities or a military or overseas voter who would then be required to print the paper cast vote record to be submitted to the elections official. The bill would also make conforming changes.
Existing law regulates the voting procedures for military or overseas voters and provides that a military or overseas voter has the right to register for, and to vote by a vote by mail ballot in, any election within the state. Existing law defines a ballot marking system as any 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.
This bill would rename a ballot marking system as a remote accessible vote by mail system. The bill would define a remote accessible vote by mail system as a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot remotely, outside a polling location, for a voter with disabilities or a military or overseas voter who would then be required to print the paper cast vote record to be submitted to the elections official. The bill would also make conforming changes.
Existing law requires the processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, to be open to the public, both before and after the election. Existing law authorizes certain parties to observe and challenge the manner in which the vote by mail ballots are handled, as specified, and requires the vote by mail voter observers to be allowed sufficiently close access to enable them to (1) observe the vote by mail ballot return envelopes and the signatures on the envelopes, and (2) challenge whether the individuals handling vote by mail ballots are following established procedures, including, among other things, verifying signatures and addresses on the vote by mail ballot return envelopes by comparing them to voter registration information.
This bill would delete the verification of addresses on the vote by mail ballot return envelopes from the established procedures that are subject to observer challenge.
Existing law requires the processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, to be open to the public, both before and after the election. Existing law authorizes certain parties to observe and challenge the manner in which the vote by mail ballots are handled, as specified, and requires the vote by mail voter observers to be allowed sufficiently close access to enable them to (1) observe the vote by mail ballot return envelopes and the signatures on the envelopes, and (2) challenge whether the individuals handling vote by mail ballots are following established procedures, including, among other things, verifying signatures and addresses on the vote by mail ballot return envelopes by comparing them to voter registration information.
This bill would delete the verification of addresses on the vote by mail ballot return envelopes from the established procedures that are subject to observer challenge.
A ballot means any of the following:
(a)The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
SEC. 2.Section 303.3 of the Elections Code is amended to read:303.3.Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.
SEC. 3.Section 305.5 is added to the Elections Code, to read:305.5.Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests. A paper cast vote record is not a ballot.
SEC. 4.Section 362 of the Elections Code is amended to read:362.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. Voting system does not include a remote accessible vote by mail system.
SEC. 5.Section 19271 of the Elections Code is amended to read:19271.As used in this article:
(a)Accessible means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component.
(b)Direct recording electronic voting system means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.
(c)Voter verified paper audit trail means a paper cast vote record containing a copy of each of the voters selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
(d)Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests. A paper cast vote record is not a ballot.
(e)Parallel monitoring means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately.
SEC. 6.The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read:3.5.Certification of Remote Accessible Vote By Mail SystemsSEC. 7.Section 19280 of the Elections Code is amended to read:19280.The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.
SEC. 8.Section 19281 of the Elections Code is amended to read:19281.(a)A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used.
(b)All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202.
SEC. 9.Section 19282 of the Elections Code is repealed.SEC. 10.Section 19283 of the Elections Code is amended to read:19283.(a)The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.
(b)Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1)The machine or device and its software shall be suitable for the purpose for which it is intended.
(2)The remote accessible vote by mail system shall preserve the secrecy of the ballot.
(3)The remote accessible vote by mail system shall be safe from fraud or manipulation.
(4)The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
SEC. 11.Section 19284 of the Elections Code is amended to read:19284.(a)A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicants system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay.
(b)After receiving an applicants written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1)Defect means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturers specifications or applicable law.
(2)Failure means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturers product requirements for that software or firmware or applicable law.
(3)Fault means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturers program specification or applicable law.
SEC. 12.Section 19285 of the Elections Code is amended to read:19285.The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General.
SEC. 13.Section 19286 of the Elections Code is amended to read:19286.The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system.
SEC. 14.Section 19287 of the Elections Code is amended to read:19287.(a)Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system.
(b)The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c)The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
SEC. 15.Section 19288 of the Elections Code is amended to read:19288.Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld.
SEC. 16.Section 19290 of the Elections Code is amended to read:19290.(a)If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.
(b)After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State.
SEC. 17.Section 19291 of the Elections Code is amended to read:19291.If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency.
SEC. 18.Section 19292 of the Elections Code is amended to read:19292.The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290.
SEC. 19.Section 19293 of the Elections Code is amended to read:19293.(a)The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California:
(1)A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts.
(2)Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question.
(3)Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years.
(4)Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election.
(5)Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b)(1)The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California:
(A)Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election.
(B)A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found.
(C)In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State.
(2)A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.
(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing.
(d)The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection.
SEC. 20.Section 19294 of the Elections Code is amended to read:19294.(a)The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing.
(b)Venue for a proceeding under this section shall be exclusively in Sacramento County.
SEC. 21.Section 19295 of the Elections Code is amended to read:19295.A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following:
(a)Have the capability, including an optional capability, to use a remote server to mark a voters selections transmitted to the server from the voters computer via the Internet.
(b)Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.
(c)Have the capability, including the optional capability, to tabulate votes.
A ballot means any of the following:
(a)The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
SEC. 2.Section 303.3 of the Elections Code is amended to read:303.3.Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.
SEC. 3.Section 305.5 is added to the Elections Code, to read:305.5.Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests. A paper cast vote record is not a ballot.
SEC. 4.Section 362 of the Elections Code is amended to read:362.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. Voting system does not include a remote accessible vote by mail system.
SEC. 5.Section 19271 of the Elections Code is amended to read:19271.As used in this article:
(a)Accessible means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component.
(b)Direct recording electronic voting system means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.
(c)Voter verified paper audit trail means a paper cast vote record containing a copy of each of the voters selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
(d)Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests. A paper cast vote record is not a ballot.
(e)Parallel monitoring means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately.
SEC. 6.The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read:3.5.Certification of Remote Accessible Vote By Mail SystemsSEC. 7.Section 19280 of the Elections Code is amended to read:19280.The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.
SEC. 8.Section 19281 of the Elections Code is amended to read:19281.(a)A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used.
(b)All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202.
SEC. 9.Section 19282 of the Elections Code is repealed.SEC. 10.Section 19283 of the Elections Code is amended to read:19283.(a)The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.
(b)Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1)The machine or device and its software shall be suitable for the purpose for which it is intended.
(2)The remote accessible vote by mail system shall preserve the secrecy of the ballot.
(3)The remote accessible vote by mail system shall be safe from fraud or manipulation.
(4)The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
SEC. 11.Section 19284 of the Elections Code is amended to read:19284.(a)A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicants system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay.
(b)After receiving an applicants written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1)Defect means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturers specifications or applicable law.
(2)Failure means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturers product requirements for that software or firmware or applicable law.
(3)Fault means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturers program specification or applicable law.
SEC. 12.Section 19285 of the Elections Code is amended to read:19285.The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General.
SEC. 13.Section 19286 of the Elections Code is amended to read:19286.The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system.
SEC. 14.Section 19287 of the Elections Code is amended to read:19287.(a)Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system.
(b)The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c)The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
SEC. 15.Section 19288 of the Elections Code is amended to read:19288.Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld.
SEC. 16.Section 19290 of the Elections Code is amended to read:19290.(a)If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.
(b)After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State.
SEC. 17.Section 19291 of the Elections Code is amended to read:19291.If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency.
SEC. 18.Section 19292 of the Elections Code is amended to read:19292.The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290.
SEC. 19.Section 19293 of the Elections Code is amended to read:19293.(a)The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California:
(1)A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts.
(2)Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question.
(3)Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years.
(4)Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election.
(5)Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b)(1)The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California:
(A)Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election.
(B)A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found.
(C)In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State.
(2)A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.
(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing.
(d)The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection.
SEC. 20.Section 19294 of the Elections Code is amended to read:19294.(a)The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing.
(b)Venue for a proceeding under this section shall be exclusively in Sacramento County.
SEC. 21.Section 19295 of the Elections Code is amended to read:19295.A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following:
(a)Have the capability, including an optional capability, to use a remote server to mark a voters selections transmitted to the server from the voters computer via the Internet.
(b)Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.
(c)Have the capability, including the optional capability, to tabulate votes.
A ballot means any of the following:
(a)The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot.
SEC. 2.Section 303.3 of the Elections Code is amended to read:303.3.Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper case cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.
SEC. 3.Section 305.5 is added to the Elections Code, to read:305.5.Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests. A paper cast vote record is not a ballot.
SEC. 4.Section 362 of the Elections Code is amended to read:362.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. Voting system does not include a remote accessible vote by mail system.
SEC. 5.Section 19271 of the Elections Code is amended to read:19271.As used in this article:
(a)Accessible means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component.
(b)Direct recording electronic voting system means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.
(c)Voter verified paper audit trail means a paper cast vote record containing a copy of each of the voters selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
(d)Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests. A paper cast vote record is not a ballot.
(e)Parallel monitoring means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately.
SEC. 6.The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read:3.5.Certification of Remote Accessible Vote By Mail SystemsSEC. 7.Section 19280 of the Elections Code is amended to read:19280.The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.
SEC. 8.Section 19281 of the Elections Code is amended to read:19281.(a)A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used.
(b)All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202.
SEC. 9.Section 19282 of the Elections Code is repealed.SEC. 10.Section 19283 of the Elections Code is amended to read:19283.Remote accessible vote by mail system standards adopted by the Secretary of State shall include, but not be limited to, all of the following requirements:
(a)The machine or device and its software shall be suitable for the purpose for which it is intended.
(b)The remote accessible vote by mail system shall preserve the secrecy of the ballot.
(c)The remote accessible vote by mail system shall be safe from fraud or manipulation.
(d)The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
19283.(a)The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.
(b)Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1)The machine or device and its software shall be suitable for the purpose for which it is intended.
(2)The remote accessible vote by mail system shall preserve the secrecy of the ballot.
(3)The remote accessible vote by mail system shall be safe from fraud or manipulation.
(4)The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
SEC. 11.Section 19284 of the Elections Code is amended to read:19284.(a)A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicants system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay.
(b)After receiving an applicants written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1)Defect means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturers specifications or applicable law.
(2)Failure means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturers product requirements for that software or firmware or applicable law.
(3)Fault means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturers program specification or applicable law.
SEC. 12.Section 19285 of the Elections Code is amended to read:19285.The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General.
SEC. 13.Section 19286 of the Elections Code is amended to read:19286.The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system.
SEC. 14.Section 19287 of the Elections Code is amended to read:19287.(a)Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system.
(b)The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c)The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
SEC. 15.Section 19288 of the Elections Code is amended to read:19288.Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld.
SEC. 16.Section 19290 of the Elections Code is amended to read:19290.(a)If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.
(b)After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State.
SEC. 17.Section 19291 of the Elections Code is amended to read:19291.If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency.
SEC. 18.Section 19292 of the Elections Code is amended to read:19292.The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290.
SEC. 19.Section 19293 of the Elections Code is amended to read:19293.(a)The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California:
(1)A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts.
(2)Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question.
(3)Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years.
(4)Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election.
(5)Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b)(1)The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California:
(A)Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election.
(B)A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found.
(C)In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State.
(2)A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.
(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing.
(d)The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection.
SEC. 20.Section 19294 of the Elections Code is amended to read:19294.(a)The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing.
(b)Venue for a proceeding under this section shall be exclusively in Sacramento County.
SEC. 21.Section 19295 of the Elections Code is amended to read:19295.A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following:
(a)Have the capability, including an optional capability, to use a remote server to mark a voters selections transmitted to the server from the voters computer via the Internet.
(b)Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.
(c)Have the capability, including the optional capability, to tabulate votes.
A ballot means any of the following:
(a)A single The combination of a card with prescored, number positions that is marked by the voter with a punching device and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.
(b)One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.
(c)One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.
(d)A large sheet of paper upon which is printed the names of candidates and ballot titles of measures to be voted on by pressing the designated area on a direct-recording electronic device.
(e)
(d)An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen of a direct-recording electronic device. for systems that do not contain a paper ballot.
SEC. 2.Section 303.3 of the Elections Code is amended to read:303.3.Ballot marking Remote accessible vote by mail system means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking a an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter and is not who shall print the paper case vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.
SEC. 3.Section 305.5 is added to the Elections Code, to read:305.5.Paper cast vote record means an auditable document that corresponds to the selection made on the voters ballot and lists the contests on the ballot and the voters selections for those contests. A paper cast vote record is not a ballot.
SEC. 4.Section 362 of the Elections Code is amended to read:362.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. Voting system does not include a ballot marking remote accessible vote by mail system.
SEC. 5.Section 19271 of the Elections Code is amended to read:19271.As used in this article:
(a)Accessible means that the information provided on the paper record copy cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component.
(b)Direct recording electronic voting system means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.
(c)Voter verified paper audit trail means a component of a direct recording electronic voting system that prints a contemporaneous paper record copy of each electronic ballot and allows each voter to confirm his or her selections before the voter casts his or her ballot. paper cast vote record containing a copy of each of the voters selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
(d)Federal qualification means the system has been certified, if applicable, by means of qualification testing by a nationally recognized test laboratory and has met or exceeded the minimum requirements set forth in the Performance and Text Standards for Punch Card, Mark Sense, and Direct Recording Electronic Voting Systems, or in any successor voluntary standard document, developed and promulgated by the Federal Election Commission, the Election Assistance Commission, or the National Institute of Standards and Technology.
(e)
(d)Paper record copy cast vote record means an auditable document printed by a voter verified paper audit trail component that corresponds to the selection made on the voters electronic vote ballot and lists the contests on the ballot and the voters selections for those contests. A paper record copy cast vote record is not a ballot.
(f)
(e)Parallel monitoring means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately.
SEC. 6.The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read:3.5.Certification of Ballot Marking Remote Accessible Vote By Mail SystemsSEC. 7.Section 19280 of the Elections Code is amended to read:19280.The Secretary of State shall not certify or conditionally approve a ballot marking remote accessible vote by mail system, or part of a ballot marking remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State.
SEC. 8.Section 19281 of the Elections Code is amended to read:19281.(a)A ballot marking remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used.
(b)All other uses of a ballot marking remote accessible vote by mail system shall be subject to the provisions of Section 19202.
SEC. 9.Section 19282 of the Elections Code is repealed.19282.The Secretary of State shall not certify or conditionally approve any ballot marking system that includes features that permit a voter to produce, and leave the polling place with, a copy or facsimile of the ballot cast by the voter at that polling place.
SEC. 10.Section 19283 of the Elections Code is amended to read:19283.(a)The Secretary of State shall adopt and publish standards and regulations governing the use of ballot marking systems. The Secretary of State may also adopt, in whole or in part, voluntary federal ballot marking voting system standards established by the United States Election Assistance Commission or its successor agency.
(b)Ballot marking
19283.Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1)
(a)The machine or device and its software shall be suitable for the purpose for which it is intended.
(2)
(b)The ballot marking remote accessible vote by mail system shall preserve the secrecy of the ballot.
(3)
(c)The ballot marking remote accessible vote by mail system shall be safe from fraud or manipulation.
(4)
(d)The ballot marking remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
SEC. 11.Section 19284 of the Elections Code is amended to read:19284.(a)A person, corporation, or public agency owning or having an interest in the sale or acquisition of a ballot marking remote accessible vote by mail system or a part of a ballot marking remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicants system and a report on the findings, which shall include the accuracy and efficiency of the ballot marking remote accessible vote by mail system. As part of its application, the applicant of a ballot marking remote accessible vote by mail system or a part of a ballot marking remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking remote accessible vote by mail system or a part of the ballot marking remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the ballot marking remote accessible vote by mail system or a part of the ballot marking remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay.
(b)After receiving an applicants written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1)Defect means any flaw in the hardware or documentation of a ballot marking remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturers specifications or applicable law.
(2)Failure means a discrepancy between the external results of the operation of any software or firmware in a ballot marking remote accessible vote by mail system and the manufacturers product requirements for that software or firmware or applicable law.
(3)Fault means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturers program specification or applicable law.
SEC. 12.Section 19285 of the Elections Code is amended to read:19285.The Secretary of State shall use a state-approved testing agency or expert technicians to examine ballot marking remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General.
SEC. 13.Section 19286 of the Elections Code is amended to read:19286.The person, corporation, or public agency applying for certification of a ballot marking remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the ballot marking remote accessible vote by mail system.
SEC. 14.Section 19287 of the Elections Code is amended to read:19287.(a)Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a ballot marking remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the ballot marking remote accessible vote by mail system.
(b)The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing.
(c)The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a ballot marking remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection.
SEC. 15.Section 19288 of the Elections Code is amended to read:19288.Within 60 days after the completion of the examination of a ballot marking remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the ballot marking remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld.
SEC. 16.Section 19290 of the Elections Code is amended to read:19290.(a)If a ballot marking remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.
(b)After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State.
SEC. 17.Section 19291 of the Elections Code is amended to read:19291.If a ballot marking remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency.
SEC. 18.Section 19292 of the Elections Code is amended to read:19292.The Secretary of State may seek injunctive and administrative relief if a ballot marking remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290.
SEC. 19.Section 19293 of the Elections Code is amended to read:19293.(a)The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a ballot marking remote accessible vote by mail system certified or conditionally approved in California:
(1)A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each ballot marking remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering ballot marking remote accessible vote by mail system security efforts.
(2)Immediate commencement of proceedings to withdraw certification or conditional approval for the ballot marking remote accessible vote by mail system in question.
(3)Prohibiting the manufacturer or vendor of a ballot marking remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years.
(4)Refund of all moneys paid by a local agency for a ballot marking remote accessible vote by mail system or a part of a ballot marking remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the ballot marking remote accessible vote by mail system has been used in an election.
(5)Any other remedial actions authorized by law to prevent unjust enrichment of the offending party.
(b)(1)The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a ballot marking remote accessible vote by mail system or part of a ballot marking remote accessible vote by mail system certified or conditionally approved in California:
(A)Refund of all moneys paid by a local agency for a ballot marking remote accessible vote by mail system or part of a ballot marking remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the ballot marking remote accessible vote by mail system has been used in an election.
(B)A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of ballot marking remote accessible vote by mail system units in which the defect, fault, or failure is found.
(C)In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State.
(2)A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund.
(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing.
(d)The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection.
SEC. 20.Section 19294 of the Elections Code is amended to read:19294.(a)The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a ballot marking remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing.
(b)Venue for a proceeding under this section shall be exclusively in Sacramento County.
SEC. 21.Section 19295 of the Elections Code is amended to read:19295.A ballot marking remote accessible vote by mail system or part of a ballot marking remote accessible vote by mail system shall not do any of the following:
(a)Have the capability, including an optional capability, to use a remote server to mark a voters selections transmitted to the server from the voters computer via the Internet.
(b)Have the capability, including an optional capability, to store any voter identifiable selections on any remote server.
(c)Have the capability, including the optional capability, to tabulate votes.
SECTION 1.Section 15104 of the Elections Code is amended to read:15104.(a)The processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, shall be open to the public, both before and after the election.
(b)A member of the county grand jury, and at least one member each of the Republican county central committee, the Democratic county central committee, and of any other party with a candidate on the ballot, and any other interested organization, shall be permitted to observe and challenge the manner in which the vote by mail ballots are handled, from the processing of vote by mail ballot return envelopes through the counting and disposition of the ballots.
(c)The elections official shall notify vote by mail voter observers and the public at least 48 hours in advance of the dates, times, and places where vote by mail ballots will be processed and counted.
(d)Notwithstanding paragraph (2) of subdivision (b) of Section 2194, vote by mail voter observers shall be allowed sufficiently close access to enable them to observe the vote by mail ballot return envelopes and the signatures on the envelopes and challenge whether those individuals handling vote by mail ballots are following established procedures, including all of the following:
(1)Verifying signatures on the vote by mail ballot return envelopes by comparing them to voter registration information.
(2)Duplicating accurately damaged or defective ballots.
(3)Securing vote by mail ballots to prevent tampering with them before they are counted on election day.
(e)A vote by mail voter observer shall not interfere with the orderly processing of vote by mail ballot return envelopes or the processing and counting of vote by mail ballots, including the touching or handling of the ballots.
(a)The processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, shall be open to the public, both prior to before and after the election.
(b)A member of the county grand jury, and at least one member each of the Republican county central committee, the Democratic county central committee, and of any other party with a candidate on the ballot, and any other interested organization, shall be permitted to observe and challenge the manner in which the vote by mail ballots are handled, from the processing of vote by mail ballot return envelopes through the counting and disposition of the ballots.
(c)The elections official shall notify vote by mail voter observers and the public at least 48 hours in advance of the dates, times, and places where vote by mail ballots will be processed and counted.
(d)Notwithstanding paragraph (2) of subdivision (b) of Section 2194, vote by mail voter observers shall be allowed sufficiently close access to enable them to observe the vote by mail ballot return envelopes and the signatures thereon on the envelopes and challenge whether those individuals handling vote by mail ballots are following established procedures, including all of the following:
(1)Verifying signatures and addresses on the vote by mail ballot return envelopes by comparing them to voter registration information.
(2)Duplicating accurately damaged or defective ballots.
(3)Securing vote by mail ballots to prevent tampering with them before they are counted on election day.
(e)A vote by mail voter observer shall not interfere with the orderly processing of vote by mail ballot return envelopes or the processing and counting of vote by mail ballots, including the touching or handling of the ballots.
|
Date
|
Status
|
|---|---|
| Apr 25, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4500.) |
| Jul 22, 2016 | Chaptered by Secretary of State - Chapter 75, Statutes of 2016. |
| Jul 22, 2016 | Approved by the Governor. |
| Jul 11, 2016 | Enrolled and presented to the Governor at 4:30 p.m. |
| Jun 30, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4648.). |
| Jun 30, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Jun 30, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 23, 2016 | Read second time. Ordered to Consent Calendar. |
| Jun 22, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (June 21). |
| May 5, 2016 | Referred to Com. on E. & C.A. |
| Apr 25, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0.) |
| Feb 18, 2016 | Read first time. To print. |
| Apr 25, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 25, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 21, 2016 | Read second time. Ordered to third reading. |
| Apr 20, 2016 | Read second time and amended. Ordered returned to second reading. |
| Apr 19, 2016 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (April 13). |
| Apr 6, 2016 | Re-referred to Com. on E. & R. |
| Apr 5, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Mar 3, 2016 | Referred to Com. on E. & R. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 30, 2016 | Consent Calendar 2nd AB2252 Ting | Senate Floor |
Passed |
|
| Jun 21, 2016 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| Apr 25, 2016 | AB 2252 TING Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 13, 2016 | Do pass as amended. | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 2252
:
SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/21/16
AYES: Allen, Anderson, Hancock, Hertzberg, Liu
ASSEMBLY FLOOR: 75-0, 4/25/16 - See last page for vote
SOURCE: Secretary of State Alex Padilla
DIGEST: This bill establishes the framework whereby a voter with disabilities would be able to electronically receive and mark his or her vote by mail (VBM) ballot using a remote accessible VBM system, as defined, and establishes processes and procedures for the review and approval of remote accessible VBM systems, as specified.
Existing law:
- Establishes processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections.
- Defines a ballot marking system as any 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 at any time to a voting system.
- Requires the Secretary of State (SOS) to study and adopt regulations governing the use of ballot marking systems and establishes procedures for the review and approval of ballot marking systems.
- Permits a person or corporation owning or being interested in a ballot marking system to apply to the SOS to examine and report on its accuracy and efficiency to fulfill its purpose. Requires a vendor of such a system, upon and after submission of an application, to notify the SOS in writing of any known defect, fault, or failure of the hardware, software, or firmware of the ballot marking system or part of the system.
- Requires a vendor, upon approval of the ballot marking system, to notify the SOS and all local elections officials who use the system, of any defect, fault, or failure of the hardware, software, or firmware of the system or part of the system within 30 calendar days after the vendor learns of the defect, fault, or failure.
- Prohibits a ballot marking system approved by the SOS from being changed or modified until the SOS has been notified in writing and determined that the change or modification does not impair its accuracy and efficiency sufficient to require reexamination and re-approval.
- Permits the SOS to seek relief, as specified, for an unauthorized change in hardware, software, or firmware or a known and undisclosed defect, fault, or failure, in a ballot marking system approved or conditionally approved in California.
- Defines a ballot to mean, among other definitions, a large sheet of paper upon which is printed the names of candidates and ballot titles of measures to be voted on by pressing the designated area on a direct-recording electronic device.
This bill:
- Deletes the term "ballot marking system" and replaces and updates it with the term "remote accessible VBM system." Defines a remote accessible VBM system to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. Prohibits a remote accessible VBM system from being connected to a voting system at any time.
- Revises and updates the definition of a "ballot" and deletes an obsolete part of that definition.
- Defines a "paper cast vote record" to mean an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. Provides that a paper cast vote record is not a ballot.
- Updates the definition of a "voter verified paper audit trail" to mean a paper cast voter record containing a copy of each of the voter's selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
- Deletes the term "paper record copy" and instead replaces and updates it with the term "paper cast vote record," as defined above.
- Revises, updates, and establishes processes and procedures for the review and approval of a remote accessible VBM system for use in California elections, as specified.
- Makes other technical and corresponding changes.
Background
Ballot marking systems. In 2013, the Legislature passed and the Governor signed AB 1929 (Gorell, Chapter 694, Statutes of 2012), which established processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections. The intent of AB 1929 was to make voting more accessible and convenient for military and overseas voters. Specifically, AB 1929 drastically sped up the amount of time it takes for a military or overseas voter to cast his or her ballot by allowing a military or overseas voter to electronically print and mark his or her ballot and cast it via fax or mail. To ensure a military or overseas voter’s security and privacy, AB 1929 prohibited the ballot marking system, or part of the system, from having the capability, including the optional capability, to use a remote server to mark the voter’s selections transmitted to the server from the voter’s computer via the Internet, store any voter identifiable selections on any remote server, or tabulate votes.
This bill allows a voter with disabilities to also electronically receive his or her VBM ballot though technology currently only available to military and overseas voters. In order to expand the use of ballot marking systems to voters with disabilities and to better reflect the current technology used to do so, this bill deletes the term “ballot marking system” and replaces and updates it with the term “remote accessible VBM system.” This bill defines a “remote accessible VBM system” to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast voter record to be submitted to the elections official and prohibits a remote accessible VBM system from being connected to a voting system at any time. Additionally, this bill defines the term “paper cast vote record” to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests and provides that a paper cast vote record is not a ballot. Finally, this bill revises, updates, and establishes processes and procedures for the review and approval of a remote accessible VBM system, as specified.
San Mateo County lawsuit. In 2014, the Legislature approved and the Governor signed AB 2028 (Mullin, Chapter 209, Statutes of 2014), which authorized San Mateo County to participate in an ongoing pilot project that allows certain elections to be conducted entirely by mailed ballot. Specifically, AB 2028 allowed San Mateo County to join a pilot program currently underway in Yolo County, under which Yolo County is permitted to conduct all-mailed ballot elections on up to three different dates through January 1, 2018, subject to certain conditions and reporting requirements. San Mateo County was chosen to be a part of the pilot program because it is a diverse urban county. On November 3, 2015, as part of the pilot program, San Mateo County held its first all-mail ballot election.
Last year, a federal lawsuit was filed challenging San Mateo County's VBM voting system for excluding blind and visually impaired residents by relying on paper ballots. In December of 2015 a lawsuit was filed in the Northern District of California, San Francisco Division against San Mateo County and the State of California challenging the unlawful and discriminatory exclusion of blind and visually impaired voters from San Mateo County's VBM program (California Council of the Blind, et al v. County of San Mateo, et al (2015) No. 3:15-cv-5784). The plaintiffs argue that "[despite] the availability of reliable and secure technologies that would enable blind and visually impaired voters to cast [VBM] ballots in a private and independent manner, the County has failed to provide any alternative to paper ballots for [VBM] voting. As a result, blind and visually impaired voters must rely on the assistance of others to read and mark their [VBM] ballots, thereby sacrificing the confidentiality of their vote, or forgo their right to vote by [VBM] ballot altogether."
The plaintiffs further state that San Mateo County "exacerbated the discriminatory denial of access to its [VBM] program in 2014 by adopting an All-Mailed Ballot Election Pilot Program" which not only authorizes the County to conduct elections wholly by mail, subject to certain limitations, but reduces the number of physical polling sites in a jurisdiction which disproportionately impacts blind and visually impaired voters who consequently face longer travel times to reach polling sites equipped with accessible voting systems. Plaintiffs are asking for an order and judgment enjoining defendants from violating the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and California Government Code Section 11135, and requiring defendants to take all steps necessary to ensure that blind and visually impaired voters have access to a method to read and mark VBM ballots privately and independently in San Mateo County.
State and federal accessibility requirements. Both state and federal laws require certain conditions be met to ensure a voter with disabilities is provided with the opportunity to vote. Specifically, the federal Help America Vote Act (HAVA) of 2002 requires accessible, independent, and private voting for all eligible voters by ensuring: 1) equal access to polling places that are accessible to all, and 2) voting systems that allow for independent and private voting. Additionally, the federal Voting Accessibility for the Elderly and Handicapped Act requires polling place access for senior voters and voters with disabilities. State law requires elections officials, when designating polling places, to undertake necessary measures in the locating of polling places to ensure that polling places meet the guidelines promulgated by the SOS for accessibility by the physically handicapped.
Moreover, to provide guidance in interpreting federal and state requirements for accessible polling places, the SOS contracts with the California Department of Rehabilitation (DOR) to update the Polling Place Accessibility Guidelines. The SOS also coordinates with the DOR to provide training on surveying polling places for accessibility. According to the SOS's Web site, in 2005, the SOS established the state Voting Accessibility Advisory Committee (VAAC) to advise, assist, and provide recommendations on how best to implement federal and state laws regarding access to the electoral process for voters with disabilities. The state VAAC is composed of members representing disability advocacy groups and county elections offices.
Through the years, the state VAAC has provided input on many voting-related projects and issues, including the polling place accessibility guidelines, checklist, and training video; voting system accessibility; a confidential voter accessibility survey; and the online voter registration application system. This guide is designed to share ideas and best practices for creating and maintaining a voting accessibility advisory committee at the city, county, or regional level.
Moreover, last year, the Legislature passed and the Governor signed AB 683 (Low, Chapter 334, Statutes of 2015), which codified the VAAC into law and requires the SOS to establish a VAAC to make recommendations related to improving the accessibility of elections for voters with disabilities, as specified.
Comments
- According to the author, technology has permeated many aspects of our daily lives for greater convenience and efficiency. In government, technology has proven an effective tool in greater transparency and public participation. However, the act of voting itself is not as convenient or accessible as it should be. Proponents of vote by mail elections argue that it boosts turnout by expanding voter convenience. San Mateo County’s experience with its first all vote by mail election last fall boosted turnout 16 percent over the last comparable election in 2013, and the voting rate among Asians increased by more than 30 percent in six cities. However, vote by mail only systems have proven an obstacle for some voters to participate. By emailing ballots to voters living with disabilities, we can ensure that their right to vote is not compromised. AB 2252 allows voters with disabilities to cast their vote by using technology currently limited to military and overseas voters.
Related/Prior Legislation
AB 1929 (Gorell, Chapter 694, Statutes of 2012) established processes and procedures for the review and approval of ballot marking systems.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Secretary of State Alex Padilla (source)
California Council of the Blind
California Foundation for Independent Living Centers
Disability Rights California
OPPOSITION: (Verified 6/23/16)
None received
ASSEMBLY FLOOR: 75-0, 4/25/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon
NO VOTE RECORDED: Chang, Cooper, Eggman, Olsen, Williams
6/24/16 14:33:40
**** END ****
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: 2252 Hearing Date: 6/21/16
Author: | Ting | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DIGEST
This bill establishes the framework whereby a voter with disabilities would be able to electronically receive and mark his or her vote by mail (VBM) ballot using a remote accessible VBM system, as defined, and establishes processes and procedures for the review and approval of remote accessible VBM systems, as specified.
ANALYSIS
Existing law:
- Establishes processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections.
- Defines a ballot marking system as any 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 at any time to a voting system.
- Requires the Secretary of State (SOS) to study and adopt regulations governing the use of ballot marking systems and establishes procedures for the review and approval of ballot marking systems.
- Permits a person or corporation owning or being interested in a ballot marking system to apply to the SOS to examine and report on its accuracy and efficiency to fulfill its purpose. Requires a vendor of such a system, upon and after submission of an application, to notify the SOS in writing of any known defect, fault, or failure of the hardware, software, or firmware of the ballot marking system or part of the system.
- Requires a vendor, upon approval of the ballot marking system, to notify the SOS and all local elections officials who use the system, of any defect, fault, or failure of the hardware, software, or firmware of the system or part of the system within 30 calendar days after the vendor learns of the defect, fault, or failure.
- Prohibits a ballot marking system approved by the SOS from being changed or modified until the SOS has been notified in writing and determined that the change or modification does not impair its accuracy and efficiency sufficient to require reexamination and re-approval.
- Permits the SOS to seek relief, as specified, for an unauthorized change in hardware, software, or firmware or a known and undisclosed defect, fault, or failure, in a ballot marking system approved or conditionally approved in California.
- Defines a ballot to mean, among other definitions, a large sheet of paper upon which is printed the names of candidates and ballot titles of measures to be voted on by pressing the designated area on a direct-recording electronic device.
This bill:
- Deletes the term "ballot marking system" and replaces and updates it with the term "remote accessible VBM system." Defines a remote accessible VBM system to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. Prohibits a remote accessible VBM system from being connected to a voting system at any time.
- Revises and updates the definition of a "ballot" and deletes an obsolete part of that definition.
- Defines a "paper cast vote record" to mean an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. Provides that a paper cast vote record is not a ballot.
- Updates the definition of a "voter verified paper audit trail" to mean a paper cast voter record containing a copy of each of the voter's selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
- Deletes the term "paper record copy" and instead replaces and updates it with the term "paper cast vote record," as defined above.
- Revises, updates, and establishes processes and procedures for the review and approval of a remote accessible VBM system for use in California elections, as specified.
- Makes other technical and corresponding changes.
BACKGROUND
Ballot Marking Systems. In 2013, the Legislature passed and the Governor signed AB 1929 (Gorell, Chapter 694, Statutes of 2012), which established processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections. The intent of AB 1929 was to make voting more accessible and convenient for military and overseas voters. Specifically, AB 1929 drastically sped up the amount of time it takes for a military or overseas voter to cast his or her ballot by allowing a military or overseas voter to electronically print and mark his or her ballot and cast it via fax or mail. To ensure a military or overseas voter’s security and privacy, AB 1929 prohibited the ballot marking system, or part of the system, from having the capability, including the optional capability, to use a remote server to mark the voter’s selections transmitted to the server from the voter’s computer via the Internet, store any voter identifiable selections on any remote server, or tabulate votes.
This bill allows a voter with disabilities to also electronically receive his or her VBM ballot though technology currently only available to military and overseas voters. In order to expand the use of ballot marking systems to voters with disabilities and to better reflect the current technology used to do so, this bill deletes the term “ballot marking system” and replaces and updates it with the term “remote accessible VBM system.” This bill defines a “remote accessible VBM system” to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast voter record to be submitted to the elections official and prohibits a remote accessible VBM system from being connected to a voting system at any time. Additionally, this bill defines the term “paper cast vote record” to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests and provides that a paper cast vote record is not a ballot. Finally, this bill revises, updates, and establishes processes and procedures for the review and approval of a remote accessible VBM system, as specified.
San Mateo County Lawsuit. In 2014, the Legislature approved and the Governor signed AB 2028 (Mullin, Chapter 209, Statutes of 2014), which authorized San Mateo County to participate in an ongoing pilot project that allows certain elections to be conducted entirely by mailed ballot. Specifically, AB 2028 allowed San Mateo County to join a pilot program currently underway in Yolo County, under which Yolo County is permitted to conduct all-mailed ballot elections on up to three different dates through January 1, 2018, subject to certain conditions and reporting requirements. San Mateo County was chosen to be a part of the pilot program because it is a diverse urban county. On November 3, 2015, as part of the pilot program, San Mateo County held its first all-mail ballot election.
Last year, a federal lawsuit was filed challenging San Mateo County's VBM voting system for excluding blind and visually impaired residents by relying on paper ballots. In December of 2015 a lawsuit was filed in the Northern District of California, San Francisco Division against San Mateo County and the State of California challenging the unlawful and discriminatory exclusion of blind and visually impaired voters from San Mateo County's VBM program (California Council of the Blind, et al v. County of San Mateo, et al (2015) No. 3:15-cv-5784). The plaintiffs argue that "[despite] the availability of reliable and secure technologies that would enable blind and visually impaired voters to cast [VBM] ballots in a private and independent manner, the County has failed to provide any alternative to paper ballots for [VBM] voting. As a result, blind and visually impaired voters must rely on the assistance of others to read and mark their [VBM] ballots, thereby sacrificing the confidentiality of their vote, or forgo their right to vote by [VBM] ballot altogether."
The plaintiffs further state that San Mateo County "exacerbated the discriminatory denial of access to its [VBM] program in 2014 by adopting an All-Mailed Ballot Election Pilot Program" which not only authorizes the county to conduct elections wholly by mail, subject to certain limitations, but reduces the number of physical polling sites in a jurisdiction which disproportionately impacts blind and visually impaired voters who consequently face longer travel times to reach polling sites equipped with accessible voting systems. Plaintiffs are asking for an order and judgment enjoining Defendants from violating the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and California Government Code Section 11135, and requiring Defendants to take all steps necessary to ensure that blind and visually impaired voters have access to a method to read and mark VBM ballots privately and independently in San Mateo County.
State and Federal Accessibility Requirements. Both state and federal laws require certain conditions be met to ensure a voter with disabilities is provided with the opportunity to vote. Specifically, the federal Help America Vote Act (HAVA) of 2002 requires accessible, independent, and private voting for all eligible voters by ensuring: 1) equal access to polling places that are accessible to all, and 2) voting systems that allow for independent and private voting. Additionally, the federal Voting Accessibility for the Elderly and Handicapped Act requires polling place access for senior voters and voters with disabilities. State law requires elections officials, when designating polling places, to undertake necessary measures in the locating of polling places to ensure that polling places meet the guidelines promulgated by the SOS for accessibility by the physically handicapped.
Moreover, to provide guidance in interpreting federal and state requirements for accessible polling places, the SOS contracts with the California Department of Rehabilitation (DOR) to update the Polling Place Accessibility Guidelines. The SOS also coordinates with the DOR to provide training on surveying polling places for accessibility. According to the SOS's website, in 2005, the SOS established the state Voting Accessibility Advisory Committee (VAAC) to advise, assist, and provide recommendations on how best to implement federal and state laws regarding access to the electoral process for voters with disabilities. The state VAAC is composed of members representing disability advocacy groups and county elections offices.
Through the years, the state VAAC has provided input on many voting-related projects and issues, including the polling place accessibility guidelines, checklist, and training video; voting system accessibility; a confidential voter accessibility survey; and the online voter registration application system. This guide is designed to share ideas and best practices for creating and maintaining a voting accessibility advisory committee at the city, county, or regional level.
Moreover, last year, the Legislature passed and the Governor signed AB 683 (Low, Chapter 334, Statutes of 2015), which codified the VAAC into law and requires the SOS to establish a VAAC to make recommendations related to improving the accessibility of elections for voters with disabilities, as specified.
COMMENTS
- According to the author: Technology has permeated many aspects of our daily lives for greater convenience and efficiency. In government, technology has proven an effective tool in greater transparency and public participation. However, the act of voting itself is not as convenient or accessible as it should be. Proponents of vote by mail elections argue that it boosts turnout by expanding voter convenience. San Mateo County’s experience with its first all vote by mail election last fall boosted turnout 16 percent over the last comparable election in 2013, and the voting rate among Asians increased by more than 30 percent in six cities. However, vote by mail only systems have proven an obstacle for some voters to participate. By emailing ballots to voters living with disabilities, we can ensure that their right to vote is not compromised. AB 2252 would allow voters with disabilities to cast their vote by using technology currently limited to military and overseas voters.
RELATED/PRIOR LEGISLATION
AB 1929 (Gorell, Chapter 694, Statutes of 2012), which established processes and procedures for the review and approval of ballot marking systems
PRIOR ACTION
Assembly Floor: | 75 - 0 |
Assembly Committee: | 7 - 0 |
POSITIONS
Sponsor: Secretary of State, Alex Padilla
Support: California Council of the Blind
California Foundation for Independent Living Centers
Disability Rights California
Oppose: None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2252
Author:(Ting)
As Amended Ver:April 20, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Elections | 7-0 | Weber, Harper, Travis Allen, Gordon, Low, Mullin, Nazarian |
SUMMARY: Allows a voter with disabilities to electronically receive and mark his or her vote by mail (VBM) ballot using a remote accessible VBM system, as defined. Establishes processes and procedures for the review and approval of remote accessible VBM systems, as specified. Specifically, this bill:
- Deletes the term "ballot marking system" and replaces and updates it with the term "remote accessible VBM system." Defines a remote accessible VBM system to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. Prohibits a remote accessible VBM system from being connected to a voting system at any time.
- Revises and updates the definition of a "ballot" and deletes an obsolete part of that definition.
- Defines a "paper cast vote record" to mean an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. Provides that a paper cast vote record is not a ballot.
- Updates the definition of a "voter verified paper audit trail" to mean a paper cast voter record containing a copy of each of the voter's selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
- Deletes the term "paper record copy" and instead replaces and updates it with the term "paper cast vote record," as defined above.
- Revises, updates, and establishes processes and procedures for the review and approval of a remote accessible VBM system for use in California elections, as specified.
- Makes other technical and corresponding changes.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "Technology has permeated many aspects of our daily lives for greater convenience and efficiency. In government, technology has proven an effective tool in greater transparency and public participation. However, the act of voting itself is not as convenient or accessible as it should be. Proponents of vote by mail elections argue that it boosts turnout by expanding voter convenience. San Mateo County's experience with its first all vote by mail election last fall boosted turnout 16 percent over the last comparable election in 2013, and the voting rate among Asians increased by more than 30 percent in six cities. However, vote by mail only systems have proven an obstacle for some voters to participate. By emailing ballots to voters living with disabilities, we can ensure that their right to vote is not compromised. AB 2252 would allow voters with disabilities to cast their vote by using technology currently limited to military and overseas voters."
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002774
Date of Hearing:
ASSEMBLY COMMITTEE ON
, Chair
ABPCA Bill Id: (
Author:) – As Amended Ver:
SUBJECT: systems.
SUMMARY: Allows a voter with disabilities to electronically receive and mark his or her vote by mail (VBM) ballot using a remote accessible VBM system, as defined. Establishes processes and procedures for the review and approval of remote accessible VBM systems, as specified. Specifically, this bill:
- Deletes the term “ballot marking system” and replaces and updates it with the term “remote accessible VBM system.” Defines a remote accessible VBM system to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. Prohibits a remote accessible VBM system from being connected to a voting system at any time.
- Revises and updates the definition of a “ballot” and deletes an obsolete part of that definition.
- Defines a “paper cast vote record” to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. Provides that a paper cast vote record is not a ballot.
- Updates the definition of a “voter verified paper audit trail” to mean a paper cast voter record containing a copy of each of the voter’s selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot.
- Deletes the term “paper record copy” and instead replaces and updates it with the term “paper cast vote record,” as defined above.
- Revises, updates, and establishes processes and procedures for the review and approval of a remote accessible VBM system for use in California elections, as specified.
- Makes other technical and corresponding changes.
EXISTING LAW:
- Establishes processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections.
- Defines a ballot marking system as any 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 at any time to a voting system.
- Requires the Secretary of State (SOS) to study and adopt regulations governing the use of ballot marking systems and establishes procedures for the review and approval of ballot marking systems.
- Permits a person or corporation owning or being interested in a ballot marking system to apply to the SOS to examine and report on its accuracy and efficiency to fulfill its purpose. Requires a vendor of such a system, upon and after submission of an application, to notify the SOS in writing of any known defect, fault, or failure of the hardware, software, or firmware of the ballot marking system or part of the system.
- Requires a vendor, upon approval of the ballot marking system, to notify the SOS and all local elections officials who use the system, of any defect, fault, or failure of the hardware, software, or firmware of the system or part of the system within 30 calendar days after the vendor learns of the defect, fault, or failure.
- Prohibits a ballot marking system approved by the SOS from being changed or modified until the SOS has been notified in writing and determined that the change or modification does not impair its accuracy and efficiency sufficient to require reexamination and re-approval.
- Permits the SOS to seek relief, as specified, for an unauthorized change in hardware, software, or firmware or a known and undisclosed defect, fault, or failure, in a ballot marking system approved or conditionally approved in California.
- Defines a ballot to mean, among other definitions, a large sheet of paper upon which is printed the names of candidates and ballot titles of measures to be voted on by pressing the designated area on a direct-recording electronic device.
- Allows elections held on no more than three different dates in San Mateo, Yolo, Sacramento, Monterey counties to be conducted wholly by mail, as part of a pilot project lasting through January 1, 2018, subject to certain conditions, as specified.
FISCAL EFFECT: Unknown
COMMENTS:
- Purpose of the Bill: According to the author:
Technology has permeated many aspects of our daily lives for greater convenience and efficiency. In government, technology has proven an effective tool in greater transparency and public participation. However, the act of voting itself is not as convenient or accessible as it should be. Proponents of vote by mail elections argue that it boosts turnout by expanding voter convenience. San Mateo County’s experience with its first all vote by mail election last fall boosted turnout 16 percent over the last comparable election in 2013, and the voting rate among Asians increased by more than 30 percent in six cities. However, vote by mail only systems have proven an obstacle for some voters to participate. By emailing ballots to voters living with disabilities, we can ensure that their right to vote is not compromised. AB 2252 would allow voters with disabilities to cast their vote by using technology currently limited to military and overseas voters.
- Ballot Marking Systems: In 2013, the Legislature passed and the Governor signed AB 1929 (Gorell), Chapter 694, Statutes of 2012, which established processes and procedures for the review and approval of ballot marking systems, as defined, for use in California elections. The intent of AB 1929 was to make voting more accessible and convenient for military and overseas voters. Specifically, AB 1929 drastically sped up the amount of time it takes for a military or overseas voter to cast his or her ballot by allowing a military or overseas voter to electronically print and mark his or her ballot and cast it via fax or mail. To ensure a military or overseas voter’s security and privacy, AB 1929 prohibited the ballot marking system, or part of the system, from having the capability, including the optional capability, to use a remote server to mark the voter’s selections transmitted to the server from the voter’s computer via the Internet, store any voter identifiable selections on any remote server, or tabulate votes.
This bill allows a voter with disabilities to also electronically receive his or her VBM ballot though technology currently only available to military and overseas voters. In order to expand the use of ballot marking systems to voters with disabilities and to better reflect the current technology used to do so, this bill deletes the term “ballot marking system” and replaces and updates it with the term “remote accessible VBM system.” This bill defines a “remote accessible VBM system” to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast voter record to be submitted to the elections official and prohibits a remote accessible VBM system from being connected to a voting system at any time. Additionally, this bill defines the term “paper cast vote record” to mean an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests and provides that a paper cast vote record is not a ballot. Finally, this bill revises, updates, and establishes processes and procedures for the review and approval of a remote accessible VBM system, as specified. - Previous Legislation and San Mateo County Lawsuit: In 2014, the Legislature approved and the Governor signed AB 2028 (Mullin), Chapter 209, Statutes of 2014, which authorized San Mateo County to participate in an ongoing pilot project that allows certain elections to be conducted entirely by mailed ballot. Specifically, AB 2028 allowed San Mateo County to join a pilot program currently underway in Yolo County, under which Yolo County is permitted to conduct all-mailed ballot elections on up to three different dates through January 1, 2018, subject to certain conditions and reporting requirements. San Mateo County was chosen to be a part of the pilot program because it is a diverse urban county. On November 3, 2015, as part of the pilot program, San Mateo County held its first all-mail ballot election.
Last year, a federal lawsuit was filed challenging San Mateo County's VBM voting system for excluding blind and visually impaired residents by relying on paper ballots. In December of 2015 a lawsuit was filed in the Northern District of California, San Francisco Division against San Mateo County and the State of California challenging the unlawful and discriminatory exclusion of blind and visually impaired voters from San Mateo County's VBM program (California Council of the Blind, et al v. County of San Mateo, et al (2015) No. 3:15-cv-5784). The plaintiffs argue that "[despite] the availability of reliable and secure technologies that would enable blind and visually impaired voters to cast [VBM] ballots in a private and independent manner, the County has failed to provide any alternative to paper ballots for [VBM] voting. As a result, blind and visually impaired voters must rely on the assistance of others to read and mark their [VBM] ballots, thereby sacrificing the confidentiality of their vote, or forgo their right to vote by [VBM] ballot altogether."
The plaintiffs further state that San Mateo County "exacerbated the discriminatory denial of access to its [VBM] program in 2014 by adopting an All-Mailed Ballot Election Pilot Program" which not only authorizes the county to conduct elections wholly by mail, subject to certain limitations, but reduces the number of physical polling sites in a jurisdiction which disproportionately impacts blind and visually impaired voters who consequently face longer travel times to reach polling sites equipped with accessible voting systems.
Plaintiffs are asking for an order and judgment enjoining Defendants from violating the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and California Government Code Section 11135, and requiring Defendants to take all steps necessary to ensure that blind and visually impaired voters have access to a method to read and mark VBM ballots privately and independently in San Mateo County. - State and Federal Accessibility Requirements: Both state and federal laws require certain conditions be met to ensure a voter with disabilities is provided with the opportunity to vote. Specifically, the federal Help America Vote Act (HAVA) of 2002 requires accessible, independent, and private voting for all eligible voters by ensuring: 1) equal access to polling places that are accessible to all, and 2) voting systems that allow for independent and private voting. Additionally, the federal Voting Accessibility for the Elderly and Handicapped Act requires polling place access for senior voters and voters with disabilities. State law requires elections officials, when designating polling places, to undertake necessary measures in the locating of polling places to ensure that polling places meet the guidelines promulgated by the SOS for accessibility by the physically handicapped.
Moreover, to provide guidance in interpreting federal and state requirements for accessible polling places, the SOS contracts with the California Department of Rehabilitation (DOR) to update the Polling Place Accessibility Guidelines. The SOS also coordinates with the DOR to provide training on surveying polling places for accessibility. According to the SOS's website, in 2005, the SOS established the state Voting Accessibility Advisory Committee (VAAC) to advise, assist, and provide recommendations on how best to implement federal and state laws regarding access to the electoral process for voters with disabilities. The state VAAC is composed of members representing disability advocacy groups and county elections offices. Through the years, the state VAAC has provided input on many voting-related projects and issues, including the polling place accessibility guidelines, checklist, and training video; voting system accessibility; a confidential voter accessibility survey; and the online voter registration application system. This guide is designed to share ideas and best practices for creating and maintaining a voting accessibility advisory committee at the city, county, or regional level.
Moreover, last year, the Legislature passed and the Governor signed AB 683 (Low), Chapter 334, Statutes of 2015, which codified the VAAC into law and requires the SOS to establish a VAAC to make recommendations related to improving the accessibility of elections for voters with disabilities, as specified. - Suggested Technical Amendments: The committee staff recommends the following technical amendments to address drafting errors:
On page 3, in line 13, strike out "case" and insert "cast."
On page 5, strike lines 16 through 40 and insert the following:
(a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems.
(b) Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1) The machine or device and its software shall be suitable for the purpose for which it is intended.
(2) The remote accessible vote by mail system shall preserve the secrecy of the ballot.
(3) The remote accessible vote by mail system shall be safe from fraud or manipulation.
(4) The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by:
Bill Author
Bill Co-Author(s):