California Regulations § 20690 Incident Notification
Regulation Text
(a)
The governing board of the jurisdiction conducting an approved pilot program shall notify the Secretary of State of any incident, defect, failure, or fault in the voting system within 30 calendar days.
(1)
Incidents include, but are not limited to, issues such as paper jams, printing errors, or any defect, fault, or failure pursuant to Elections Code sections
19215
and
19290
, and Title 2, California Code of Regulations, section
20161
.
(b)
If the chain of custody for any component of the voting system has been compromised, the security or information has been breached or attempted to be breached, or experiences a fatal error from which it cannot recover gracefully (i.e., the error is not handled through the device's internal error handling procedures with or without user input, such that the device must be rebooted or the device reboots itself to restore operation), the governing board of the jurisdiction conducting an approved pilot program must take the following actions:
(1)
Notify the chief elections official of the jurisdiction immediately;
(2)
Notify the Secretary of State within 24 hours of discovery;
(3)
Remove the equipment from service immediately and replace if possible;
(4)
Subject any votes cast on the device prior to its removal from service to a 1% manual tally or a risk-limiting audit, by the processes described in Elections Code sections
15360
and
15367
, as part of the official canvass;
(5)
Secure any memory card containing data from that device and retain it for the full election retention period as described in Chapter 4 of Division 17 of the Elections Code;
(6)
Store an image of all device software and firmware on write-once media and retain securely for the full election retention period described in Chapter 4 of Division 17 of the Elections Code; and
(7)
Reinstall all device software and firmware from a read-only version of the approved firmware and software supplied directly by the Secretary of State before the equipment is placed back into service.
Source
1. New section filed 3-29-2023; operative 7-1-2023 (Register 2023, No. 13).
History
1. New section filed 3-29-2023; operative
7/1/2023
(