Article 3. Inspection Of Certified And Conditionally Approved Voting Systems of California Elections Code >> Division 19. >> Chapter 3. >> Article 3.
The elections official of any county or city using a voting
system shall inspect the machines or devices at least once every two
years to determine their accuracy. Any county or city using leased or
rented equipment shall determine if the equipment has been inspected
for accuracy within the last two years before using it for any
election. The inspection shall be made in accordance with regulations
adopted and promulgated by the Secretary of State. The elections
official shall certify the results of the inspection to the Secretary
of State.
(a) If the Secretary of State has reason to believe that a
local inspection of equipment is not adequate, he or she may cause
the equipment to be reexamined, at any time prior to six months
before a statewide election, to ensure that the voting system or
parts of the voting system perform to adopted standards and tabulate
votes accurately.
(b) For the purpose of reexamining voting equipment, the
Secretary of State may use state-approved testing agencies or expert
technicians at the cost of the elections official.
(c) The Secretary of State shall furnish a complete report of the
findings to the Governor, to the Attorney General, to each county
elections official, to the chairpersons of the elections committees
of the Assembly and Senate, and to the manufacturer of the equipment.
The Secretary of State shall review voting systems
periodically to determine if they are defective, obsolete, or
otherwise unacceptable. The Secretary of State has the right to
withdraw his or her certification or conditional approval previously
granted under this chapter of any voting system or part of a voting
system should it be defective or prove unacceptable after such
review. Six months' notice shall be given before withdrawing
certification or conditional approval unless the Secretary of State
for good cause shown makes a determination that a shorter notice
period is necessary. Any withdrawal by the Secretary of State of his
or her previous certification or conditional approval of a voting
system or part of a voting system shall not be effective as to any
election conducted within six months of that withdrawal.
The Secretary of State shall conduct random audits of the
software installed on direct recording electronic voting systems, as
defined in Section 19271, to ensure that the installed software is
identical to the software that has been approved for use on that
voting system. The Secretary of State shall take steps to ensure that
the process for conducting random audits does not intentionally
cause a direct recording electronic voting system to become more
vulnerable to any unauthorized changes to the software that has been
approved for its use.