AB 2097 -- Amendments Submitted

From: Alan Dechert <dechert_at_gmail_dot_com>
Date: Tue Apr 25 2006 - 11:30:56 CDT

Here's what I sent out to leg counsel. This does not address all the
issues. Keep in mind the bill is likely to be amended several times.
Mainly, we're addressing the "what if the vendor(s) walk out" issue.

Basically, it says that Jan 2007 will be put up or shut up time for the
vendors. They have to tell the SoS they will comply and give convincing
evidence that they intend to do that. If the SoS doesn't like what he or
she sees by Feb 1, 2007, product(s) will be identified for replacement. The
SoS will have one year to complete the replacement product(s) (until Jan 31,

Some people might like more time for development and testing, but we have to
give the registrars time to make the transition in order to use the new
product(s) in 2008. I think one year is enough since the SoS will not need
to go through the "federal" certification process.


Currently, Sec 2, (4)(f) says,

     A public review process shall be in place by
     June 30, 2007. In the event that a vendor of a
     system certified before June 30, 2007, refuses to
     comply with the disclosure requirements, his or
     her system shall be decertified. The Secretary
     of State shall ensure that a suitable replacement
     be available.

Replace with,

A public review process shall be in place by June 30, 2007. If, by February
1, 2007, the Secretary of State is for any reason dissatisfied with vendor
compliance progress with provisions of this measure, he or she may contract,
without bid, with any campus or several campuses of the University of
California to create voting system software to run on existing voting system
hardware or replacement COTS hardware. Alternatively, or in addition to
contracting with the University of California, the Secretary of State may
issue a Request for Proposal for replacing any non-compliant product or
products. Any product deemed non-compliant shall be irrevocably decertified
except that it may be used in elections until January 31, 2008, at which
time the Secretary of State shall have the replacement product ready. In
this case, the Secretary of State will forego the federal certification
process normally required.

Add to definitions SEC 2 (h):

(7) "Non-compliant product" means a product certified for use in elections
before this law takes effect, which, by February 1, 2007, in the estimation
of the Secretary of State, will fail to meet the full public disclosure
requirements of this measure.

(8) "Irrevocably decertified product" means a product deemed non-compliant
that will be replaced by the Secretary of State. This product, or a similar
product from the same vendor, shall not be eligible for recertification.

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Received on Tue May 2 21:06:53 2006

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