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California Statutes § 19202 Certification or conditional approval required

⤴ Up to Article 1: Procedures For Certification Of Voting Systems

Statute Text

(a) Except as authorized by Section 19209 , a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to any election at which it is to be used.
(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.
(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.
(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.
(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:
(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.
(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:
(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214 , inclusive.
(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.

History

Amended by Stats 2016 ch 422 ( AB 2911 ) , s 81 , eff. 1/1/2017 .

Amended by Stats 2014 ch 909 ( AB 2562 ) , s 15 , eff. 1/1/2015 .

Renumbered from Ca. Elec. Code §19201 by Stats 2013 ch 602 ( SB 360 ) , s 12 , eff. 1/1/2014 .

Amended by Stats 2004 ch 813 ( SB 1376 ) , s 6 , eff. 1/1/2005

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