California 2023-2024 Regular Session Status: Enacted

SB 1328 — Elections.

Last action — Chaptered by Secretary of State. Chapter 605, Statutes of 2024.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2024. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 25, 2024.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law generally requires electronic poll books, ballot manufacturers and finishers, ballot on demand systems, voting systems, and remote accessible vote by mail systems to be approved by the Secretary of State before their use in an election. This bill would authorize the Secretary of State to impose additional conditions of approval for these purposes. (2) Existing law requires a ballot card manufacturer, ballot card finisher, or ballot on demand system vendor to notify the Secretary of State and affected local elections officials in writing within 2 business days after discovering any flaw or defect that could adversely affect the future casting or tallying of votes. This bill would instead require a ballot card manufacturer, ballot card finisher, or ballot on demand system vendor to provide that notice within 24 hours. (3) Under existing law, specified election materials, including voted ballots, are required to be kept by county elections officials for 22 months for elections involving a federal office or for 6 months for all other elections. Existing law authorizes an elections official to open sealed ballot containers if it is necessary in a shredding or recycling process. This bill would add paper cast vote records, voted conditional voter registration ballots, and conditional voter registration voter identification envelopes to the list of materials county elections officials are required to keep. The bill would also require county elections officials to keep certain electronic data for 22 months for elections involving a federal office or for 6 months for all other elections. By imposing additional duties on county elections officials, this bill would create a state-mandated local program. The bill would prohibit an elections official from opening sealed ballot containers unless it is necessary in a shredding or recycling process. (4) Under existing law, it is a felony punishable by imprisonment for 2 to 4 years to interfere or attempt to interfere with the secrecy of voting or ballot tally software program source code or to knowingly, and without authorization, possess a key to a voting machine that has been adopted and will be used. This bill would specify that, with respect to the secrecy of voting or ballot tally software program source code, the phrase "interferes or attempts to interfere with" includes knowingly, and without authorization, providing unauthorized access to, or breaking the chain of custody to, certified voting technology during the lifecycle of that certified voting technology, or any finished or unfinished ballot cards. The bill would also expand the crime of knowing and unauthorized possession of a key to a voting machine that has been adopted and will be used to include knowing and unauthorized possession of credentials, passwords, or access keys to a voting machine that has been adopted and will be used. By expanding the scope of an existing crime, this bill would create a state-mandated local program. The bill would authorize the destruction or secure disposal of certified voting technology at the end of lifecycle with the written approval of the Secretary of State and the manufacturer. The bill would also require specified actions to be taken for any part or component of certified voting technology for which the chain of custody has been compromised or for which security has been breached or attempted to be breached, including that the technology be removed from service immediately. (5) Existing law prohibits a voting system from being connected to the internet and from receiving or transmitting wireless communications or wireless data transfers. This bill would prohibit establishing a network connection to any device not directly used and necessary for voting system functions and would prohibit communication by or with any component of the voting system by wireless or modem transmission. The bill would require a voting system to be used in a configuration of parallel central election management systems separated by an air-gap, as defined. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 605, Statutes of 2024.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 1. Page 5741.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Urgency clause adopted. Passed. (Ayes 66. Noes 2. Page 6893.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 11. Noes 0.) (August 15).

  11. August 7 set for first hearing. Placed on suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 2). Re-referred to Com. on APPR.

  13. Read second time and amended. Re-referred to Com. on PUB. S.

  14. From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 7. Noes 1.) (June 12).

  15. Referred to Coms. on ELECTIONS and PUB. S.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Urgency clause adopted. Passed. (Ayes 36. Noes 0. Page 4150.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 7. Noes 0. Page 3980.) (May 16).

  20. Set for hearing May 16.

  21. April 29 hearing: Placed on APPR suspense file.

  22. Set for hearing April 29.

  23. From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 3637.) (April 16). Re-referred to Com. on APPR.

  24. Set for hearing April 16.

  25. From committee: Do pass and re-refer to Com. on PUB S. (Ayes 7. Noes 0. Page 3444.) (April 2). Re-referred to Com. on PUB S.

  26. Set for hearing April 2.

  27. Referred to Coms. on E. & C.A. and PUB S.

  28. From printer. May be acted upon on or after March 18.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bradford · Primary
  • Atkins · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 3 voted No

Sponsors (1)

  • Bradford

Co-sponsors (1)

  • Atkins

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1328 Bradford et al. Urgency Clause Concurrence

Passed 38 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 21001
Republican 6100
Total 38101
% of votes cast 95%3%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

SB 1328 Bradford Third Reading Urgency By Jackson

Passed 66 Yea · 2 Nay · 11 Other
Party YeaNayPresentNot Voting
Democratic 44003
Unaffiliated 18000
Republican 4208
Total 662011
% of votes cast 84%3%0%14%
How each member voted (79)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Not Voting
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Not Voting
Essayli, Bill Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting
Wallis, Greg Republican Not Voting

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2001
Republican 0003
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Not Voting
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2000
Republican 2000
Democratic 4000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Ting — Yea
McCarty — Yea
Nguyen, Stephanie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Public Safety]

Passed 7 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 1000
Republican 1100
Total 7100
% of votes cast 88%13%0%0%
How each member voted (8)
Member Party Vote
Low — Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Cervantes, Sabrina Democratic Yea
Pellerin, Gail Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Essayli, Bill Republican Nay
Lackey, Tom Republican Yea

Official roll call →

3rd Reading SB1328 Bradford et al. Urgency Clause

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 20002
Republican 5002
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Not Voting
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Not Voting
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 1328 do?
(1) Existing law generally requires electronic poll books, ballot manufacturers and finishers, ballot on demand systems, voting systems, and remote accessible vote by mail systems to be approved by the Secretary of State before their use in an election. This bill would authorize the Secretary of State to impose additional conditions of approval for these purposes. (2) Existing law requires a ballot card manufacturer, ballot card finisher, or ballot on demand system vendor to notify the Secretary of State and affected local elections officials in writing within 2 business days after discovering any flaw or defect that could adversely affect the future casting or tallying of votes. This bill would instead require a ballot card manufacturer, ballot card finisher, or ballot on demand system vendor to provide that notice within 24 hours. (3) Under existing law, specified election materials, including voted ballots, are required to be kept by county elections officials for 22 months for elections involving a federal office or for 6 months for all other elections. Existing law authorizes an elections official to open sealed ballot containers if it is necessary in a shredding or recycling process. This bill would add paper cast vote records, voted conditional voter registration ballots, and conditional voter registration voter identification envelopes to the list of materials county elections officials are required to keep. The bill would also require county elections officials to keep certain electronic data for 22 months for elections involving a federal office or for 6 months for all other elections. By imposing additional duties on county elections officials, this bill would create a state-mandated local program. The bill would prohibit an elections official from opening sealed ballot containers unless it is necessary in a shredding or recycling process. (4) Under existing law, it is a felony punishable by imprisonment for 2 to 4 years to interfere or attempt to interfere with the secrecy of voting or ballot tally software program source code or to knowingly, and without authorization, possess a key to a voting machine that has been adopted and will be used. This bill would specify that, with respect to the secrecy of voting or ballot tally software program source code, the phrase "interferes or attempts to interfere with" includes knowingly, and without authorization, providing unauthorized access to, or breaking the chain of custody to, certified voting technology during the lifecycle of that certified voting technology, or any finished or unfinished ballot cards. The bill would also expand the crime of knowing and unauthorized possession of a key to a voting machine that has been adopted and will be used to include knowing and unauthorized possession of credentials, passwords, or access keys to a voting machine that has been adopted and will be used. By expanding the scope of an existing crime, this bill would create a state-mandated local program. The bill would authorize the destruction or secure disposal of certified voting technology at the end of lifecycle with the written approval of the Secretary of State and the manufacturer. The bill would also require specified actions to be taken for any part or component of certified voting technology for which the chain of custody has been compromised or for which security has been breached or attempted to be breached, including that the technology be removed from service immediately. (5) Existing law prohibits a voting system from being connected to the internet and from receiving or transmitting wireless communications or wireless data transfers. This bill would prohibit establishing a network connection to any device not directly used and necessary for voting system functions and would prohibit communication by or with any component of the voting system by wireless or modem transmission. The bill would require a voting system to be used in a configuration of parallel central election management systems separated by an air-gap, as defined. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 1328?
SB 1328 is sponsored by Bradford and Atkins.
What is the current status of SB 1328?
This bill has been enacted into law. Introduced February 16, 2024. Enacted.
Where can I track SB 1328?
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