California Regulations § 19067 Certified EMS

Regulation Text

(a) The certified EMS vendor shall certify in writing to the Secretary of State, annually by February 1, compliance with the requirements set forth in this section, for the previous year. The EMS certification shall be in substantially the following form:

I/we hereby certify for the period commencing January 1, 20___ and ending December 31, 20___, that [Company] have/has done the following:

i. Adhered to the Integration Specifications;

ii. Adhered to the Data Standards;

iii. Implemented all applicable approved change requests;

iv. Complied with all applicable federal and state laws; and

v. Deposited the current version of the EMS source code with an approved escrow facility in accordance with Section 2501 of the Elections Code and Chapter 6 of Division 7 of Title 2 of the California Code of Regulations.

(b) The certified EMS vendor shall support county synchronization checks initiated by the county and/or the Secretary of State, at a minimum, monthly and no more than 30 days prior to:

(1) A Report of Registration.

(2) An Official list extract for an election.

(3) Voter Information Guide processing.

(c) The certified EMS vendor shall work with county elections officials to resolve data discrepancies identified until acceptable tolerance levels for synchronization, as set forth in Section 19083 , are attained by the county.

(d) Defects or bugs with the certified EMS that affect the statewide voter registration system or any other certified EMS currently in use shall be logged immediately with the Secretary of State Elections Division Help Desk. Once reported to the Secretary of State Elections Division Help Desk, the defect or bug shall be categorized by the Secretary of State and resolved as follows:

(1) Critical

(A) A critical defect or bug:

(i) prevents the accomplishment of an essential function; or

(ii) jeopardizes safety, security, or causes unrecoverable data loss.

(B) For critical defects or bugs, the EMS vendor must conduct analysis and provide next steps, or provide a resolution, within one (1) business day following notification of the problem. A solution or workaround must be provided within two (2) business days of notification when possible, or by a mutually-agreed-upon date between the EMS vendor and Secretary of State.

(2) High

(A) A high defect or bug:

(i) adversely affects the accomplishment of an essential function and there is no known workaround solution;

(ii) causes recoverable data loss but with high impact to users; or

(iii) impacts the reliability of public-facing functionality or data.

(B) For high defects or bugs, the EMS vendor must conduct analysis and provide next steps, or provide a resolution, within three (3) business days following notification of the problem. A solution or workaround must be provided by a mutually-agreed-upon date between the EMS vendor and Secretary of State.

(3) Medium

(A) A medium defect or bug:

(i) affects the accomplishment of an essential function(s) and a workaround solution is known; or

(ii) causes recoverable data loss.

(B) For medium defects or bugs, the EMS vendor must conduct analysis and provide next steps, or provide a resolution within 10 business days following notification of the problem. A solution or workaround must be provided by a mutually agreed upon date between the EMS vendor and Secretary of State.

(4) Low

(A) A low defect or bug:

(i) results in user/operator inconvenience, but does not affect a required operation or mission essential function; or

(ii) results in a cosmetic or documentation issue to non-public facing functionality.

(B) For low defects or bugs, the EMS vendor must conduct analysis and provide next steps, or provide a resolution within 10 business days following notification of the problem. A solution or workaround must be provided by a mutually agreed upon date between the EMS vendor and Secretary of State.

Source

1. New section filed 8-27-2020; operative 8-27-2020 pursuant to Government Code section 11343.4 (b)(3) . Filing deadline specified in Government Code section 11349.3 (a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 35).

History

1. New section filed 8-27-2020; operative 8/27/2020 pursuant to Government Code section 11343.4 (b)(3) . Filing deadline specified in Government Code section 11349.3 (a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 ( Register 2020, No. 35 ).

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