Re: SB 1376 passes senate...

From: Joseph Lorenzo Hall <joehall_at_gmail_dot_com>
Date: Wed Aug 18 2004 - 10:21:23 CDT

here's the text of SB 1376 as passed in both houses of the CA legislature:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1. This act shall be known as the "Voting System Security
Act of 2004."
  SEC. 2. The Legislature finds and declares that the integrity of
California's voting systems is of paramount concern to all state
voters. Any action that undermines that integrity must be addressed
in the most expeditious manner available to state authorities. The
Secretary of State, elections officials, and legal authorities shall
be empowered to thwart any effort that casts or could cast doubt on
the validity of the elections process and each voter's right to have
his or her vote counted.
  SEC. 3. Section 18564.5 is added to the Elections Code, to read:
   18564.5. (a) The Secretary of State, Attorney General, and any
local elections official in the county in which the act occurs, may
bring a civil action against an individual, business, or other legal
entity that commits any of the following acts before, during, or
after an election:
   (1) Tampers, interferes, or attempts to interfere with the correct
operation of, or willfully damages in order to prevent the use of,
any voting machine, voting device, voting system, vote tabulating
device, or ballot tally software.
   (2) Interferes or attempts to interfere with the secrecy of voting
or interferes or attempts to interfere with ballot tally software
program source codes.
   (3) Knowingly, and without authorization, gains access to or
provides another person or persons with access to a voting machine
for the purpose of committing one of the acts specified by this
section.
   (4) Willfully substitutes or attempts to substitute forged,
counterfeit, or malicious ballot tally software program source codes.

   (5) Knowingly, and without authorization, inserts or causes the
insertion of uncertified hardware, software, or firmware, for
whatever purpose, into any voting machine, voting device, voting
system, vote tabulating device, or ballot tally software.
   (6) Fails to notify the Secretary of State prior to any change in
hardware, software, or firmware to a voting machine, voting device,
voting system, or vote tabulating device, certified or conditionally
certified for use in this state.
   (b) A civil action may be brought pursuant to this section for a
civil penalty not to exceed fifty thousand dollars ($50,000) for each
act and for injunctive relief, if appropriate.
  SEC. 4. Section 19102 of the Elections Code is amended to read:
   19102. The Secretary of State may investigate any alleged
violation of this code or the Secretary of State's regulations with
the power to subpoena all necessary persons and records.
  SEC. 5. Section 19103 of the Elections Code is amended to read:
   19103. (a) An exact copy of the source code for all ballot tally
software programs certified by the Secretary of State, including all
changes or modifications and new or amended versions, shall be placed
in an approved escrow facility prior to its use. No voting system
may be used for an election unless an exact copy of the ballot tally
software program source codes is placed in escrow.
   (b) The Secretary of State shall adopt regulations relating to the
following:
   (1) The definition of source codes for ballot tally software.
   (2) Specifications for the escrow facility, including security and
environmental specifications necessary for the preservation of the
ballot tally software program source codes.
   (3) Procedures for submitting ballot tally software program source
codes.
   (4) Criteria for access to ballot tally software program source
codes.
   (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
vote counting 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) In order to fulfill the provisions of this chapter related to
the approval of voting systems.
   (4) In order to verify that the software on a voting system,
voting machine, or vote tabulating device is identical to the
approved version.
   (5) 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, or any vendor or manufacturer of a voting
machine, voting system, or vote tabulating device, 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.
  SEC. 6. Section 19201 of the Elections Code is amended to read:
   19201. (a) No voting system, in whole or in part, shall be used
unless it has received the approval of the Secretary of State prior
to any election at which it is to be first used.
   (b) No jurisdiction may purchase or contract for a voting system,
in whole or in part, unless it has received the approval of the
Secretary of State.
  SEC. 7. Section 19214 is added to the Elections Code, to read:
   19214. The Secretary of State may seek injunctive and
administrative relief when a voting system has been compromised by
the addition or deletion of hardware, software, or firmware without
prior approval.
  SEC. 8. Section 19214.5 is added to the Elections Code, to read:
   19214.5. (a) The Secretary of State may seek all of the following
relief for an unauthorized change in hardware, software, or firmware
to any voting system certified or conditionally certified in
California:
   (1) Monetary damages from the offending party or parties, not to
exceed ten thousand dollars ($10,000) per violation. For purposes of
this subdivision, each voting machine found to contain the
unauthorized hardware, software, or firmware shall be considered a
separate violation. Damages 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 voting systems security
efforts.
   (2) Immediate commencement of decertification proceedings for the
voting system in question.
   (3) Prohibiting the manufacturer or vendor of a voting system from
doing any elections-related business in the state for
one, two, or three years.
   (4) Refund of all moneys paid by a locality for a compromised
voting system, whether or not the voting system has been used in an
election.
   (5) Any other remedial actions authorized by law to prevent unjust
enrichment of the offending party.
   (b) Prior to 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 person that the Secretary of State
believes will be interested in the hearing, and any person who
requests, in writing, notice of the hearing.
   (c) The decision of the Secretary of State, to seek any relief
under this section, shall be in writing and state the findings of the
secretary. The decision shall be open to public inspection.
  SEC. 9. Section 19215 is added to the Elections Code, to read:
   19215. (a) The Secretary of State may seek injunctive relief
requiring an elections official, or any vendor or manufacturer of a
voting machine, voting system, or vote tabulating device, to comply
with the requirements of this code, the regulations of the Secretary
of State, and the specifications for voting machines, voting devices,
vote tabulating devices, and any software used for each, including
the programs and procedures for vote tabulating and testing.
   (b) Venue for a proceeding under this section shall be exclusively
in Sacramento County.
  SEC. 10. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
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Received on Tue Aug 31 23:17:15 2004

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