Section 2501 Of Chapter 7. Election Management Systems From California Elections Code >> Division 2. >> Chapter 7.
2501
. (a) No later than January 31, 2014, and annually thereafter,
the vendor of an election management system shall cause an exact copy
of the source code for each component of the election management
system, including complete build and configuration instructions and
related documents for compiling the source code into object code, to
be deposited into an approved escrow facility. The vendor shall place
in escrow source codes for each version of the election management
system in use in a county in the state.
(b) The Secretary of State shall adopt regulations relating to all
of the following:
(1) The definition of source code components of an election
management system, including source code for all firmware and
software of the election management system. Firmware and software
shall include commercial off-the-shelf or other third-party firmware
and software that is available and able to be disclosed by the vendor
of the election management system.
(2) Specifications for the escrow facility, including security and
environmental specifications necessary for the preservation of the
election management system source codes.
(3) Procedures for submitting election management system source
codes.
(4) Criteria for access to election management system source
codes.
(5) Requirements for the vendor to include in the materials
deposited in escrow build and configuration instructions and
documents so that a neutral third party may create, from the source
codes in escrow, executable object codes identical to the code
installed on the election management system.
(c) The Secretary of State shall have reasonable access to the
materials placed in escrow, under the following circumstances:
(1) In the course of an investigation or prosecution regarding
election management system equipment or procedures.
(2) Upon a finding by the Secretary of State that an escrow
facility or escrow company is unable or unwilling to maintain
materials in escrow in compliance with this section.
(3) For any other purpose deemed necessary to fulfill the
provisions of this code or Section 12172.5 of the Government Code.
(d) The Secretary of State may seek injunctive relief requiring
the elections officials, approved escrow facility, or any vendor or
manufacturer of an election management system to comply with this
section and related regulations. Venue for a proceeding under this
section shall be exclusively in Sacramento County.
(e) This section applies to all elections.