California Code of Regulations
Title 2 - Administration
Division 7 - Secretary of State
Chapter 6 - Escrow of Source Codes
Article 3 - The Secretary of State
Section 20636 - Procedure to Withdraw Approval from Escrow Facility
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) No action to withdraw approval of a facility to store source code shall commence until the Secretary of State has mailed a written 30-day notice. The notice shall be sent to the escrow company, the escrow facility, and the vendor(s) storing source code(s) at the facility.
(b) Within ten days of the date of mailing of the 30-day notice, a representative of the escrow facility may request an administrative hearing with the Secretary of State to appeal the determination of non-compliance. The escrow facility shall notify the vendor that a hearing has been requested. If the vendor has received notice of request for administrative hearing, he or she shall notify the election jurisdiction, no later than three days after receipt of such notice, that a hearing has been requested and shall send copies of such notification(s) to the Secretary of State.
(c) Any vendor receiving a notice pursuant to subdivision (a) shall within 10 days of the date of the notice advise in writing any election jurisdiction using a voting system, ballot marking system or an election management system derived from the source code which has been placed in escrow that the Secretary of State will conduct an administrative hearing. The vendor shall notify the affected election jurisdiction(s) that a hearing has been requested.
(d) Within ten days of receipt of the request for an administrative hearing, the Secretary of State shall schedule the hearing and notify the representative of the escrow facility, the vendor, and other interested parties.
(e) Within five days after the administrative hearing, the Secretary of State shall notify the representative of the escrow facility, the vendor, and other interested parties of the decision on the appeal.
1. New section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2. Renumbering of former section 20636 to section 20635 and renumbering of former section 20637 to section 20636, including amendment of section and NOTE, filed 12-31-2014; operative 4-1-2015 (Register 2015, No. 1).
Note: Authority cited: Section 12172.5, Government Code; and Sections 2501 and 19212, Elections Code. Reference: Sections 2500, 2501 and 19212, Elections Code.
