Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
certified EMS vendor shall certify in writing to the Secretary of State,
annually by February 1, compliance with the requirements set forth in this
section, for the previous year. The EMS certification shall be in substantially
the following form:
I/we hereby certify for the period commencing January 1,
20___ and ending December 31, 20___, that [Company] have/has done the
following:
i. Adhered to the
Integration Specifications;
ii.
Adhered to the Data Standards;
iii.
Implemented all applicable approved change requests;
iv. Complied with all applicable federal and
state laws; and
v. Deposited the
current version of the EMS source code with an approved escrow facility in
accordance with Section
2501 of the
Elections Code and Chapter 6 of Division 7 of Title 2 of the California Code of
Regulations.
(b) The
certified EMS vendor shall support county synchronization checks initiated by
the county and/or the Secretary of State, at a minimum, monthly and no more
than 30 days prior to:
(1) A Report of
Registration.
(2) An Official list
extract for an election.
(3) Voter
Information Guide processing.
(c) The certified EMS vendor shall work with
county elections officials to resolve data discrepancies identified until
acceptable tolerance levels for synchronization, as set forth in Section
19083, are attained by the
county.
(d) Defects or bugs with
the certified EMS that affect the statewide voter registration system or any
other certified EMS currently in use shall be logged immediately with the
Secretary of State Elections Division Help Desk. Once reported to the Secretary
of State Elections Division Help Desk, the defect or bug shall be categorized
by the Secretary of State and resolved as follows:
(1) Critical
(A) A critical defect or bug:
(i) prevents the accomplishment of an
essential function; or
(ii)
jeopardizes safety, security, or causes unrecoverable data
loss.
(B) For critical
defects or bugs, the EMS vendor must conduct analysis and provide next steps,
or provide a resolution, within one (1) business day following notification of
the problem. A solution or workaround must be provided within two (2) business
days of notification when possible, or by a mutually-agreed-upon date between
the EMS vendor and Secretary of State.
(2) High
(A)
A high defect or bug:
(i) adversely affects
the accomplishment of an essential function and there is no known workaround
solution;
(ii) causes recoverable
data loss but with high impact to users; or
(iii) impacts the reliability of
public-facing functionality or data.
(B) For high defects or bugs, the EMS vendor
must conduct analysis and provide next steps, or provide a resolution, within
three (3) business days following notification of the problem. A solution or
workaround must be provided by a mutually-agreed-upon date between the EMS
vendor and Secretary of State.
(3) Medium
(A) A medium defect or bug:
(i) affects the accomplishment of an
essential function(s) and a workaround solution is known; or
(ii) causes recoverable data
loss.
(B) For medium
defects or bugs, the EMS vendor must conduct analysis and provide next steps,
or provide a resolution within 10 business days following notification of the
problem. A solution or workaround must be provided by a mutually agreed upon
date between the EMS vendor and Secretary of State.
(4) Low
(A)
A low defect or bug:
(i) results in
user/operator inconvenience, but does not affect a required operation or
mission essential function; or
(ii)
results in a cosmetic or documentation issue to non-public facing
functionality.
(B) For
low defects or bugs, the EMS vendor must conduct analysis and provide next
steps, or provide a resolution within 10 business days following notification
of the problem. A solution or workaround must be provided by a mutually agreed
upon date between the EMS vendor and Secretary of
State.
1. New
section filed 8-27-2020; operative 8-27-2020 pursuant to Government Code
section
11343.4(b)(3).
Filing deadline specified in Government Code section
11349.3(a)
extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
pursuant to Executive Order N-66-20 (Register 2020, No.
35).
Note: Authority cited: Section
12172.5,
Government Code; and Sections
10 and
2168,
Elections Code. Reference: Section
2501,
Elections Code; and 52
U.S.C. Section
21083.
