California Code of Regulations
Title 2 - Administration
Division 7 - Secretary of State
Chapter 6.2 - Procedures and Standards for Reviewing Voting Systems, Parts of a Voting System, and Ballot Marking Devices for Certification or Conditional Approval
Section 20701 - Application

Universal Citation: 2 CA Code of Regs 20701

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Any person, corporation, or public agency owning or having an interest in the sale or acquisition of a voting system or part of a voting system may apply to the Secretary of State for certification of such system. The application shall be in writing, on a form supplied by the Secretary of State, and shall include the following information:

(1) Information about the applicant, including name, address, telephone number, and business address, if applicable;

(2) Information about the voting system including, but not limited to, software and firmware version numbers;

(3) A signed confidentiality agreement providing the Secretary of State, upon demand, source code for all software and firmware and a working model of the voting system;

(4) A signed letter providing that the Secretary of State may receive all reports, testing documentation and trusted build installation disks directly from the appropriate federal Voting System Testing Laboratory (VSTL) who tested the voting system under the federal Election Assistance Commission's (EAC) or its successor entity's Voting System Testing and Certification process, if applicable;

(5) Final VSTL test reports, if applicable, for the voting system;

(6) Documentation showing that the voting system is federally qualified, if applicable;

(7) A list of all commercial off the shelf (COTS) software, firmware and hardware that is either recommended or required to install, operate, and/or provide maintenance support for the system;

(8) System configurations, option settings and definition parameters for all software, firmware and hardware (including COTS);

(9) A directory listing of program, data, and support files required to install, configure, operate, and/or provide supplemental support for the voting system;

(10) A description of known defects, faults or failures as defined in Elections Code section 19210, outstanding bugs, security vulnerabilities or other limitations of the system and any mitigations for each;

(11) A detailed network diagram of what components are connected or related and how they are connected;

(12) Use Procedures for the voting system;

(13) Photographs of the voting system;

(14) A list of jurisdictional users who use the exact version of the voting system being submitted;

(15) A list of California jurisdictional users who are using a predecessor version of the voting system being submitted;

(16) All financial relationships between the applicant and the manufacturer, distributor, or retailer of the various components comprising the voting system;

(17) All the documentation necessary for the identification of the full system configuration submitted for evaluation and for the development of an appropriate test plan for conducting system certification testing, collectively referred to as the Technical Data Package (TDP) and as set forth in the "California Voting System Standards (October 2014)." The TDP provides information that defines the voting system design, method of operation, and related resources. It provides a system overview and documents the system's functionality, hardware, software, security, test and verification specifications, operations procedures, maintenance procedures, and personnel deployment and training requirements; and

(18) Any additional information the Secretary of State may request on an as-needed basis from the applicant.

1. New section filed 12-10-2014; operative 4-1-2015 (Register 2014, No. 50).

Note: Authority cited: Sections 19100 and 19101, Elections Code. Reference: Sections 19100 and 19210, Elections Code.

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