Election Management Systems in California

California’s Elections Code contains provisions related to election management systems in Division 2, Chapter 7. Section 2500 defines an “election management system” as a system that is used by a county in the state to track voter registration or voter preferences, including, for example, a voter’s vote-by-mail status.

Section 2501 requires annually for the vendor of an election management system to 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 placed in escrow source codes for each version of the election management system in use in a county in the state.

The Secretary of State is required to adopt regulations and have reasonable access to the materials placed in escrow under specified circumstances. 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 is exclusively in Sacramento County. Notes that this section applies to all elections.

Section 2550 defines the term “electronic poll book” to mean an electronic list of registered voters that may be transported to the polling location. An electronic poll book is required to contain specified voter registration data. An electronic poll book cannot be used unless it has been certified by the Secretary of State.

In addition, the Secretary of State is required to adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books. The Secretary of State is prohibited from certifying an electronic poll book unless it fulfills the requirements of this section and the Secretary of State’s standards and regulations.