(a) No later than January 31, 2014, and annually thereafter, the vendor of an election management system shall cause an exact copy of the source code for each component of the election management system, including complete build and configuration instructions and related documents for compiling the source code into object code, to be deposited into an approved escrow facility. The vendor shall place in escrow source codes for each version of the election management system in use in a county in the state.
(b) The Secretary of State shall adopt regulations relating to all of the following:
Terms Used In California Elections Code 2501
- Election: means any election including a primary that is provided for under this code. See California Elections Code 318
- election management system: is a system that is used by a county in the state to track voter registration or voter preferences, including, for example, a voter's vote-by-mail status. See California Elections Code 2500
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
- Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
- Venue: The geographical location in which a case is tried.
(1) The definition of source code components of an election management system, including source code for all firmware and software of the election management system. Firmware and software shall include commercial off-the-shelf or other third-party firmware and software that is available and able to be disclosed by the vendor of the election management system.
(2) Specifications for the escrow facility, including security and environmental specifications necessary for the preservation of the election management system source codes.
(3) Procedures for submitting election management system source codes.
(4) Criteria for access to election management system source codes.
(5) Requirements for the vendor to include in the materials deposited in escrow build and configuration instructions and documents so that a neutral third party may create, from the source codes in escrow, executable object codes identical to the code installed on the election management system.
(c) The Secretary of State shall have reasonable access to the materials placed in escrow, under the following circumstances:
(1) In the course of an investigation or prosecution regarding election management system equipment or procedures.
(2) Upon a finding by the Secretary of State that an escrow facility or escrow company is unable or unwilling to maintain materials in escrow in compliance with this section.
(3) For any other purpose deemed necessary to fulfill the provisions of this code or Section 12172.5 of the Government Code.
(d) The Secretary of State may seek injunctive relief requiring the elections officials, approved escrow facility, or any vendor or manufacturer of an election management system to comply with this section and related regulations. Venue for a proceeding under this section shall be exclusively in Sacramento County.
(e) This section applies to all elections.
(Added by Stats. 2013, Ch. 268, Sec. 1. (AB 829) Effective January 1, 2014.)