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California Regulations § 20681 Minimum Terms Required in Agreement

⤴ Up to Article 8: The Escrow Agreement

Regulation Text

The terms of the agreement between the vendor and the escrow company shall include, but not be limited to, the following elements:
(a) Conflict in Financial Interest:
(1) The escrow company, its officers, and directors, do not hold or exercise any direct or indirect financial interest(s) in the vendor.
(2) If a condition in financial interest(s) as specified in this section arises, the escrow company shall:
(A) Advise the vendor of the conflict in financial interest.
(B) Immediately notify any affected election jurisdictions of the conflict in financial interest.
(C) Transfer the source code materials in escrow to another certified escrow company which has no financial interest(s) as specified in this article with the vendor.
(3) The vendor, its officer, and directors, do not hold or exercise any direct or indirect financial interest(s) in this escrow company.
(4) If a conflict in financial interest(s) as specified in this section arises, the vendor shall:
(A) Advise the escrow company of the conflict in financial interest.
(B) Immediately notify any affected election jurisdictions of the conflict in financial interest.
(C) Transfer the source code materials in escrow to another certified escrow company which has no financial interest(s) as specified in the article with the vendor.
(b) Retention of Election Materials:
(1) Records maintained by the escrow company pursuant to these regulations and other applicable law shall be retained for the term of the escrow agreement, and for an additional period of 22 months after any election at which the source code was used. The vendor shall be entitled at reasonable times during normal business hours and upon reasonable notice to the escrow company during the term of the escrow agreement to inspect the records of the escrow company pertaining to the escrow agreement.
(2) If the Secretary of State informs the escrow company that an election contest, or a criminal prosecution involving fraudulent use of the voting system, ballot marking system, or election management system, has been timely commenced, then the source code shall not be removed from the escrow facility until the later condition of either the 22-month period has expired or the Secretary of State has determined and notified the escrow company that the necessity for retention has ended.
(3) The escrow agreement shall provide for the disposition of the materials placed in escrow pursuant to subdivision (b)(1) or (b)(2).
(c) Change or Modification to Source Code:
(1) No source code placed in escrow shall be changed or modified except as permitted in this chapter.
(d) Duration and Renewal:
(1) The time period for the escrow agreement and the date for renewal of the agreement.
(2) A provision that the escrow agreement may be renewed for additional periods.
(3) The due date for renewal shall be no later than 30 days before expiration of the escrow agreement. In the event that the contract is not renewed, the escrow company shall so notify the vendor and the Secretary of State.
(4) In the event that a vendor does not enter into an escrow arrangement with the escrow company to renew the escrow contract, an election jurisdiction or jurisdictions may negotiate directly with an approved escrow company for continuance of the escrow, and shall so notify the Secretary of State and the vendor in writing within 30 days of the new contract.
(e) Access to Materials in Escrow:
(1) In the event that the escrow company is notified by an election jurisdiction of the occurrence of a condition as defined in the escrow agreement allowing access to source code materials, the escrow company shall immediately so notify the vendor and the Secretary of State and shall provide a copy of the notice from the election jurisdiction.
(2) If the vendor provides an objection in writing within 10 days of the mailing or other service of the notice to the vendor, the escrow company shall not allow access. If the vendor does not object as provided in this subdivision, the escrow company shall permit access to the deposit to the election jurisdiction.
For the purposes of this section "object" or "objection" means the delivery by certified mail of an affidavit or declaration to the escrow company by the vendor, with a copy to the election jurisdiction which is demanding access and a copy to the Secretary of State. The objection shall state that an access condition either has not occurred or no longer exists. Upon receipt of the objection, the escrow company shall not permit access and shall continue to store the deposit pursuant to the escrow agreement.

Source

1. New section filed 8-8-95; operative 9-7-95 (Register 95, No. 32). 2. Amendment correcting subsection hierarchy and amending subsections (a)(2)(C), (a)(4)(C), (b)(2) and (e)(1) and amending NOTE filed 12-31-2014; operative 4-1-2015 (Register 2015, No. 1).

History

1. New section filed 8-8-95; operative 9-7-95 (Register 95, No. 32). 2. Amendment correcting subsection hierarchy and amending subsections (a)(2)(C), (a)(4)(C), (b)(2) and (e)(1) and amending NOTE filed 12-31-2014; operative 4/1/2015 ( Register 2015, No. 1 ).

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