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Section 19284 Of Chapter 3.5. Certification Of Ballot Marking Systems From California Elections Code >> Division 19. >> Chapter 3.5.
19284
. (a) A person, corporation, or public agency owning or having
an interest in the sale or acquisition of a ballot marking system or
a part of a ballot marking system may apply to the Secretary of
State for certification or conditional approval that includes testing
and examination of the applicant's system and a report on the
findings, which shall include the accuracy and efficiency of the
ballot marking system. As part of its application, the applicant of a
ballot marking system or a part of a ballot marking system shall
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 ballot marking system or a part of the ballot marking system
submitted. The Secretary of State shall not begin his or her
certification process until he or she receives a completed
application from the applicant of the ballot marking system or a part
of the ballot marking system. The applicant shall also notify the
Secretary of State in writing of any defect, fault, or failure of the
version of the hardware, software, or firmware of the ballot marking
system or a part of the ballot marking system submitted that is
discovered after the application is submitted and before the
Secretary of State submits the report required by Section 19288. The
Secretary of State shall complete his or her examination without
undue delay.
(b) After receiving an applicant's written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1) "Defect" means any flaw in the hardware or documentation of a ballot marking system that could result in a state of unfitness for use or nonconformance to the manufacturer's specifications or applicable law.
(2) "Failure" means a discrepancy between the external results of the operation of any software or firmware in a ballot marking system and the manufacturer's product requirements for that software or firmware or applicable law.
(3) "Fault" means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer's program specification or applicable law.
(b) After receiving an applicant's written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant.
(c) As used in this chapter:
(1) "Defect" means any flaw in the hardware or documentation of a ballot marking system that could result in a state of unfitness for use or nonconformance to the manufacturer's specifications or applicable law.
(2) "Failure" means a discrepancy between the external results of the operation of any software or firmware in a ballot marking system and the manufacturer's product requirements for that software or firmware or applicable law.
(3) "Fault" means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer's program specification or applicable law.
