California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

SB 360 — Certification of voting systems.

Last action — Chaptered by Secretary of State. Chapter 602, Statutes of 2013.

  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 20, 2013. Enacted.

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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 7 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 establishes various procedures and criteria for the approval by the Secretary of State of voting systems, including ballot marking systems, to be used in elections. This bill would recast and revise those provisions by changing the term "approval" to the term "certification" and would authorize the Secretary of State to certify, conditionally approve, as specified, or withhold approval of a voting system. The bill would provide that it is the intent of the Legislature that a local jurisdiction be authorized to use available public funds to research and develop a nonproprietary voting system, as specified, for use in a pilot program or for submission to the Secretary of State, and that the Secretary of State certify all voting systems before they are used in future elections, adopt and publish testing standards, and encourage the development of voting systems that are easy to audit. The bill would require the Secretary of State to adopt and publish voting system standards and regulations, as specified, and would require the Secretary of State to study the performance of the voting systems in use in the state. This bill would additionally require the Secretary of State to publish requirements for the approval of state-approved testing agencies, as defined, that are authorized to conduct the testing and examination of voting systems and to approve and publish a list of authorized testing agencies. The bill also would provide that the person, corporation, or public agency applying for certification of a voting system is responsible for all costs associated with the testing of the voting system. (2) Existing law prohibits the use of a voting system unless it has received the approval of the Secretary of State, as specified. This bill would provide that a voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, would be deemed to be certified or conditionally approved by the Secretary of State and would be authorized for use in elections, as specified. The bill would authorize a vendor or county that has submitted a voting system for federal qualification before August 1, 2013, to request approval of the voting system from the Secretary of State, as specified. The bill also would prohibit a jurisdiction from purchasing or contracting for a voting system unless the voting system has been certified or conditionally approved by the Secretary of State, except as specified. The bill would further authorize the Secretary of State to grant conditional approval to a voting system or part of a voting system under specified circumstances. (3) Existing law provides that a person or corporation owning or being interested in a voting system or a part of a voting system may apply to the Secretary of State to examine it and report on its accuracy and efficiency to fulfill its purpose. As part of its application, existing law requires the vendor of a voting system or the part of a voting system to notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the voting system or a part of the voting system submitted, and the Secretary of State is required to notify the United States Election Assistance Commission or its successor entity of the problem as soon as practicable so as to present a reasonably complete description of the problem, as specified. This bill would delete the requirement that the Secretary of State notify the United States Election Assistance Commission or its successor entity of any known defect, fault, or failure of the version of the hardware, software, or firmware of the voting system or a part of the voting system submitted by the applicant. (4) Existing law requires the Secretary of State to provide for a 30-day public review period and conduct a public hearing prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a voting system, part of a voting system, or a ballot marking system. Under existing law, the Secretary of State is required to transmit notice of the hearing at least 30 days prior to the public review period and hearing, as specified. This bill would instead require the Secretary of State to transmit notice of the hearing at least 14 days prior to the public review period and hearing. (5) Within 30 days after completing the examination of any voting system, existing law requires the Secretary of State to file a report stating whether the voting system can safely be used, as specified. This bill would instead require the Secretary of State to file a report within 60 days after the completion of the examination of the voting system, as specified. (6) Existing law authorizes a governing board to adopt any kind of voting system, any combination of voting systems, or any combination of a voting system and paper ballots for use at elections, as specified. Provisions of existing law authorize the use of the voting systems at any or all elections held in any county, city, or any of their political subdivisions for voting, registering, and counting votes cast, and prohibit candidates for a single office from being split between voting systems or between a voting system and paper ballots. This bill would delete those provisions. (7) Existing law authorizes a governing board to provide for the experimental use of a voting system in one or more precincts without formally adopting the system and provides that the experimental use of the system at the election is valid for all purposes as if it were lawfully adopted. This bill would authorize a governing board to conduct a pilot program for the experimental use of voting systems, as specified, and would require the Secretary of State to adopt and publish regulations governing voting system pilot programs. No later than 9 months before the election at which a pilot program is proposed to be conducted, the bill would require the governing board to submit to the Secretary of State a plan for the proposed pilot program, and would require the Secretary of State to approve or reject the plan within 3 months of receipt of the plan. The bill would require votes cast on a voting system during a pilot program, as specified, to be subject to risk-limiting audits, as defined. Upon completion of the pilot program, the bill would require the governing board to notify the Secretary of State in writing of any defect, fault, or failure in the hardware, software, or firmware of the voting system. (8) Upon examination of a voting system or a ballot marking system, existing law provides that if a report is issued that states that the voting system or ballot marking system can be used, it is deemed approved by the Secretary of State for use at elections. This bill would delete the above provision and would make conforming changes. (9) The Voting Modernization Bond Act of 2002 authorizes the issuance of bonds in the amount of $200,000,000 pursuant to the State General Obligation Bond Law for the purpose of assisting counties in the purchase of updated voting systems. This bill would authorize a county to use fund moneys to contract and pay for research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State, as specified, and for the manufacture of the minimum number of voting system units, as specified. (10) Existing law prohibits the Secretary of State, on and after January 1, 2005, from approving a direct recording electronic voting system unless the system has received federal qualification and includes an accessible voter verified paper audit trail. This bill would prohibit a city or county from contracting for or purchasing a direct recording electronic voting system unless the system has been certified by the Secretary of State, and would require all direct recording electronic voting systems in use as of January 1, 2006, to have received federal qualification and include an accessible voter verified paper audit trail, as specified. This bill would incorporate additional changes to be operative only if Assembly Bill 214 and this bill are both chaptered and become effective January 1, 2014.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 602, Statutes of 2013.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 27. Noes 9. Page 2166.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 53. Noes 23. Page 2866.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2794.)

  9. Ordered to third reading.

  10. Read third time and amended. (Page 2701.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 12. Noes 5.) (August 21).

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (August 13). Re-referred to Com. on APPR.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  16. Referred to Com. on E. & R.

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

  18. Read third time. Passed. (Ayes 27. Noes 9. Page 1041.) Ordered to the Assembly.

  19. Read second time and amended. Ordered to third reading.

  20. From committee: Do pass as amended. (Ayes 5. Noes 0. Page 936.) (May 13).

  21. Set for hearing May 13.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 749.) (April 30). Re-referred to Com. on APPR.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A.

  24. Set for hearing April 30.

  25. Referred to Com. on E. & C.A.

  26. From printer. May be acted upon on or after March 23.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 SB360 Padilla Concurrence

Passed 27 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 24903
Democratic 3000
Total 27903
% of votes cast 69%23%0%8%
How each member voted (39)
Member Party Vote
Beall — Yea
Hill — Yea
Huff — Yea
Lieu — Yea
Monning — Yea
Pavley — Yea
Walters — Nay
Wright — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Cannella — Yea
Evans — Yea
Corbett — Yea
Galgiani — Yea
Hancock — Yea
De León — Yea
Hernandez — Yea
Block — Yea
Hueso — Yea
Knight — Nay
Liu — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Nay
Wolk — Yea
Wyland — Nay
Lara — Not Voting
Leno — Not Voting
Anderson — Nay
Nielsen — Not Voting
Fuller — Nay
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 360 Padilla Senate Third Reading By PÉREZ, J.

Passed 53 Yea · 23 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 492002
Democratic 4000
Republican 0300
Total 532302
% of votes cast 68%29%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Morrell — Nay
Rendon — Yea
Skinner — Yea
Wagner — Nay
Weber — Yea
Wieckowski — Yea
Chesbro — Yea
Gomez — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Bonilla — Yea
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Medina — Yea
Bocanegra — Yea
Ammiano — Yea
Cooley — Yea
Daly — Yea
Eggman — Yea
Mullin — Yea
Nazarian — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Williams — Yea
John A. Pérez — Yea
Salas — Yea
Allen — Nay
Gorell — Not Voting
Chau — Yea
Harkey — Nay
Chávez — Nay
Bigelow — Nay
Conway — Nay
Donnelly — Nay
Logue — Nay
Melendez — Not Voting
Nestande — Nay
Olsen — Nay
Ting — Yea
Waldron — Nay
Wilk — Nay
Dickinson — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Hagman — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bradford — Yea
Linder — Nay
Wagner — Nay
Campos — Yea
Gomez — Yea
Bocanegra — Yea
Hall — Yea
Harkey — Nay
Holden — Yea
Donnelly — Nay
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 27 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 24903
Democratic 3000
Total 27903
% of votes cast 69%23%0%8%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hernandez — Yea
Huff — Nay
Knight — Nay
Lieu — Yea
Monning — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Emmerson — Nay
Correa — Yea
Wyland — Nay
Cannella — Yea
Corbett — Yea
Evans — Not Voting
De León — Yea
Galgiani — Yea
Hancock — Yea
Beall — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Liu — Not Voting
Nielsen — Nay
Pavley — Yea
Price — Yea
Roth — Yea
Torres — Yea
DeSaulnier — Yea
Fuller — Nay
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hill — Yea
Steinberg — Yea
Walters — Not Voting
De León — Yea
Lara — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 360 do?
(1) Existing law establishes various procedures and criteria for the approval by the Secretary of State of voting systems, including ballot marking systems, to be used in elections. This bill would recast and revise those provisions by changing the term "approval" to the term "certification" and would authorize the Secretary of State to certify, conditionally approve, as specified, or withhold approval of a voting system. The bill would provide that it is the intent of the Legislature that a local jurisdiction be authorized to use available public funds to research and develop a nonproprietary voting system, as specified, for use in a pilot program or for submission to the Secretary of State, and that the Secretary of State certify all voting systems before they are used in future elections, adopt and publish testing standards, and encourage the development of voting systems that are easy to audit. The bill would require the Secretary of State to adopt and publish voting system standards and regulations, as specified, and would require the Secretary of State to study the performance of the voting systems in use in the state. This bill would additionally require the Secretary of State to publish requirements for the approval of state-approved testing agencies, as defined, that are authorized to conduct the testing and examination of voting systems and to approve and publish a list of authorized testing agencies. The bill also would provide that the person, corporation, or public agency applying for certification of a voting system is responsible for all costs associated with the testing of the voting system. (2) Existing law prohibits the use of a voting system unless it has received the approval of the Secretary of State, as specified. This bill would provide that a voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, would be deemed to be certified or conditionally approved by the Secretary of State and would be authorized for use in elections, as specified. The bill would authorize a vendor or county that has submitted a voting system for federal qualification before August 1, 2013, to request approval of the voting system from the Secretary of State, as specified. The bill also would prohibit a jurisdiction from purchasing or contracting for a voting system unless the voting system has been certified or conditionally approved by the Secretary of State, except as specified. The bill would further authorize the Secretary of State to grant conditional approval to a voting system or part of a voting system under specified circumstances. (3) Existing law provides that a person or corporation owning or being interested in a voting system or a part of a voting system may apply to the Secretary of State to examine it and report on its accuracy and efficiency to fulfill its purpose. As part of its application, existing law requires the vendor of a voting system or the part of a voting system to notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the voting system or a part of the voting system submitted, and the Secretary of State is required to notify the United States Election Assistance Commission or its successor entity of the problem as soon as practicable so as to present a reasonably complete description of the problem, as specified. This bill would delete the requirement that the Secretary of State notify the United States Election Assistance Commission or its successor entity of any known defect, fault, or failure of the version of the hardware, software, or firmware of the voting system or a part of the voting system submitted by the applicant. (4) Existing law requires the Secretary of State to provide for a 30-day public review period and conduct a public hearing prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a voting system, part of a voting system, or a ballot marking system. Under existing law, the Secretary of State is required to transmit notice of the hearing at least 30 days prior to the public review period and hearing, as specified. This bill would instead require the Secretary of State to transmit notice of the hearing at least 14 days prior to the public review period and hearing. (5) Within 30 days after completing the examination of any voting system, existing law requires the Secretary of State to file a report stating whether the voting system can safely be used, as specified. This bill would instead require the Secretary of State to file a report within 60 days after the completion of the examination of the voting system, as specified. (6) Existing law authorizes a governing board to adopt any kind of voting system, any combination of voting systems, or any combination of a voting system and paper ballots for use at elections, as specified. Provisions of existing law authorize the use of the voting systems at any or all elections held in any county, city, or any of their political subdivisions for voting, registering, and counting votes cast, and prohibit candidates for a single office from being split between voting systems or between a voting system and paper ballots. This bill would delete those provisions. (7) Existing law authorizes a governing board to provide for the experimental use of a voting system in one or more precincts without formally adopting the system and provides that the experimental use of the system at the election is valid for all purposes as if it were lawfully adopted. This bill would authorize a governing board to conduct a pilot program for the experimental use of voting systems, as specified, and would require the Secretary of State to adopt and publish regulations governing voting system pilot programs. No later than 9 months before the election at which a pilot program is proposed to be conducted, the bill would require the governing board to submit to the Secretary of State a plan for the proposed pilot program, and would require the Secretary of State to approve or reject the plan within 3 months of receipt of the plan. The bill would require votes cast on a voting system during a pilot program, as specified, to be subject to risk-limiting audits, as defined. Upon completion of the pilot program, the bill would require the governing board to notify the Secretary of State in writing of any defect, fault, or failure in the hardware, software, or firmware of the voting system. (8) Upon examination of a voting system or a ballot marking system, existing law provides that if a report is issued that states that the voting system or ballot marking system can be used, it is deemed approved by the Secretary of State for use at elections. This bill would delete the above provision and would make conforming changes. (9) The Voting Modernization Bond Act of 2002 authorizes the issuance of bonds in the amount of $200,000,000 pursuant to the State General Obligation Bond Law for the purpose of assisting counties in the purchase of updated voting systems. This bill would authorize a county to use fund moneys to contract and pay for research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State, as specified, and for the manufacture of the minimum number of voting system units, as specified. (10) Existing law prohibits the Secretary of State, on and after January 1, 2005, from approving a direct recording electronic voting system unless the system has received federal qualification and includes an accessible voter verified paper audit trail. This bill would prohibit a city or county from contracting for or purchasing a direct recording electronic voting system unless the system has been certified by the Secretary of State, and would require all direct recording electronic voting systems in use as of January 1, 2006, to have received federal qualification and include an accessible voter verified paper audit trail, as specified. This bill would incorporate additional changes to be operative only if Assembly Bill 214 and this bill are both chaptered and become effective January 1, 2014.
Who sponsors SB 360?
SB 360 is sponsored by Padilla, Stephen C. (Democratic).
What is the current status of SB 360?
This bill has been enacted into law. Introduced February 20, 2013. Enacted.
Where can I track SB 360?
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