Bill Text: CA AB3195 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 3195 (Prior Session Legislation)

Introduced

Bill Title: Voting system standards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-09 - Referred to Com. on E. & R. [AB3195 Detail]

Download: California-2019-AB3195-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3195

Introduced by Assembly Member Berman

February 21, 2020

An act to amend Section 19101 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 3195, as introduced, Berman. Voting system standards.

Existing federal law, the Help America Vote Act of 2002, provides payments to states for activities that improve the administration of elections, including, among other things, improving, acquiring, leasing, modifying or replacing voting systems and technology and methods for casting and counting votes. The act establishes the United States Election Assistance Commission and requires the commission to adopt voluntary voting system guidelines that provide specifications and requirements against which voting systems can be tested for their functionality, accessibility, and security capabilities.

Existing law requires the Secretary of State to adopt and publish voting system standards and regulations governing the use of voting systems that meet or exceed federal voluntary voting system guidelines established by the United States Election Assistance Commission. Until those standards are adopted, existing law requires the Secretary of State to use the federal voluntary voting system guidelines described above, as specified.

This bill would delete the requirement that the Secretary of State use the federal voluntary voting system guidelines until state standards and regulations are adopted, and would require the Secretary of State to update state standards and regulations as the federal guidelines are updated or amended.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 19101 of the Elections Code is amended to read:

19101.

(a) The Secretary of State shall adopt and publish voting system standards and regulations governing the use of voting systems. The Secretary of State shall adopt standards that meet or exceed federal voluntary voting system guidelines set forth by the United States Election Assistance Commission or its successor agency. Until state standards are adopted, the Voluntary Voting System Guidelines Draft Version 1.1, as submitted to the United States Election Assistance Commission on August 31, 2012, shall be used as state standards to the extent that they do not conflict with this code. agency, and update those standards and regulations as the guidelines are updated or amended. The Secretary of State may require additional testing to ensure that voting systems meet the requirements of this code.

(b) Voting system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:

(1) The machine or device and its software shall be suitable for the purpose for which it is intended.

(2) The system shall preserve the secrecy of the ballot.

(3) The system shall be safe from fraud or manipulation.

(4) The system shall be accessible to voters with disabilities pursuant to Section 19242 and applicable federal laws.

(5) The system shall be accessible to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters pursuant to Section 14201 and applicable federal laws.