Re: Bill text version 5

From: Arthur Keller <voting_at_kellers_dot_org>
Date: Mon Jan 19 2009 - 21:37:44 CST

See commentary throughout.

Don't you need a bunch of Whereas clauses like:

Whereas the Secretary of State has determined that the federal
certification requirement is inadequate for ensuring reliable,
accurate, and secure voting systems,

Whereas open source software enables any member of the public to
inspect the software personally or to arrange for a third party
inspector of such software,

Whereas the Secretary of State declares that it is in the public
interest for Registrars of Voters to be able to choose certified
voting systems comprised of open source software,

Whereas the provisions of open source software enables more rigorous
testing than provided through the federal certification process,

At 5:59 PM -0800 1/19/09, Alan Dechert wrote:
>Existing law prohibits the Secretary of State from approving any voting
>system or part of a voting system, unless it fulfills specified state law
>requirements and regulations. Existing law also requires the secretary to
>study and adopt regulations governing the use of voting machines, voting
>devices, vote tabulating devices, and any software used for each.
>Existing law also requires voting systems to pass voluntary federal
>certification. However, federal certification has been found by the
>Secretary of State to be inadequate, expensive, and procedurally flawed.
>Ultimately, higher certification costs are passed on to taxpayers. As a
>result, few if any new voting systems have been certified in recent years.
>Open source voting systems might be desirable, but since companies cannot
>recoup millions of dollars in certification costs with license fees, there
>are no open source systems available that have been federally certified.
>In order to improve options available to election officials, and to
>potentially lower costs, this bill would permit the Secretary of State to
>bypass the federal certification requirement in case the applicant presents
>a voting system for certification that is based on open source software.
>SECTION 1. The Legislature finds and declares all of the following:
> (a) The Secretary of State shall be permitted to waive the federal
> certification requirement for voting systems

replace "based on" with "comprised of only"

>based on open
> source software.

provided that the voting system is inspected and examined to the
satisfaction of the Secretary of State under the conditions listed in
paragraphs (b) through (h).

>The secretary may

may also -> shall be permitted to

>also waive any or all other
> state certification fees for open source voting systems.

for voting systems comprised only of open source software.

> (b) The maker


>shall submit an application for system certification
> including a sworn affidavit stating that the voting system
> software and documentation are offered under an open source
> license or free software license.

delete free software license.

> (c) The open source license requires,

An open source license shall grant to anyone the following rights:

> (i) free redistribution,

redistribution without payment of royalties

> (ii) source code publication,
> (iii) derived works must be allowed,

the right to create derivative works or modified vesions of the
software, provided that any derivative work or modification may
require additional certification at the discretion of the Secretary
of State prior to use in any election

>usable in elections, subject
> to certification
> (iv) integrity of the author's source code,
> (v) no discrimination against persons or groups,
> (vi) no discrimination against fields of endeavor,
> (vii) distribution of license is required by anyone distributing
> or altering the source work,

any derivative work of software for election use shall be subject to
the same license

> (viii) license must not be specific to a product,

the license allows reuse of software and documentation in whole or in part

> (ix) license must not restrict other software, and in elections
> it must be consistent with certification rules

the license itself does not limit what other software may be used
with the software subject to this license, but the use of this or
other software in elections is subject to the discretion of the
Secretary of State through the certification process

> (x) license must be technology-neutral.

the license shall permit derivative works involving other technologies.

> (d) The free software license shall meet the following requirements:

include these issues under open source license.

> (i) freedom to run the program, for any purpose and in an
> election, subject to certification rules supported by the
> California Secretary of State;

freedom to use or operate the program for any purpose, provided that
uses in an election shall be subject to the certification rules
adopted for this software by the Secretary of State

> (ii) freedom to study how the program works, and adapt it to
> your needs, and in elections, subject to certification;

freedom to analyze the software and to publish any analysis of the software

> (iii) freedom to redistribute copies so you can help your neighbor;

This condition is redundant

> (iv) freedom to improve the program, and release your improvements
> to the public, so that the whole community benefits; and

This condition is redundant

> (v) freedom to access the source code is a precondition for these
> freedoms.

Put this somewhere: the Secretary of State shall make available to
the public all software and documentation of any voting system
submitted for certification under this Section, by making it freely
downloadable from a website operated by or on behalf of the Secretary
of State, and by providing it in other machine readable formats at
the discretion of the Secretary of State for a fee not exceeding the
cost of media. The website or other media shall indicate clearly the
certification status of each such voting system.

> (e) In addition to the open source requirement, a system must meet the
> following additional requirements in order to be considered for
> this exemption:

Any voting system must satisfy the following functional requirements
in order to receive certification under this Section.

> (i) The voting system must include

shall produce

> a durable paper ballot that can be
> handled, stacked, and counted and re-counted by hand, readily;
> (ii) The voting system must be designed to be accessible to, usable by,
> and acceptable to voters with disabilities without requiring
> personal assistance or special workarounds;

for the voter to be informed the contests and choices on the ballot
and for the voter to specify the desired choices for each contest

> (iii) The


>system must accommodate multiple

any language in which ballots are required by law to be presented

> languages;
> (iv) The


>system, alone or


>with its associated published procedures,
> must provide a method for verifying that software and hardware
> for the voter interface and vote tabulation processes used in an
> election are versions that have been certified.
> (f) The Secretary of State is not bound to certify any


>voting systems

that meets the requirements of this Section.

> under this provision. The secretary

has the discretion to

>may reject


>applications for

a voting


for reasons such as

> that seem overly complex, too expensive, or seem inconsistent
> with the intent of existing state and federal requirements, or
> otherwise

deemed by the Secretary of State to be....

>seem to the secretary to be unworthy of consideration.
> (g) The Secretary of State

has the discretion to certify a voting system under this Section for
use on a specific make or model of hardware or for use on a class of
hardware models, provided that the certification characterizes the
requirements for acceptable hardware

>need not certify a specific make or model
> of hardware to be used with the open source software. Instead,
> the system certification will describe a class of hardware with
> which the software may be used.
> (h) The Secretary of State shall ensure that any open source voting
> system certified under this provision will receive breadth and
> depth of testing equal

comparable to

> to or exceeding current

delete "current"

>federal and state
> certification procedures

in effect at the time of certification under this Section

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Arthur M. Keller, Ph.D., 3881 Corina Way, Palo Alto, CA  94303-4507
tel +1(650)424-0202, fax +1(650)424-0424
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Received on Thu Jan 7 00:09:46 2010

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