California Code of Regulations
Title 2 - Administration
Division 7 - Secretary of State
Chapter 6 - Escrow of Source Codes
Article 7 - Access to and Review of Materials in Escrow
Section 20670 - Conditions for Access to Materials Placed in Escrow

Universal Citation: 2 CA Code of Regs 20670

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

No access to materials placed in escrow shall occur except as specified in (a), (b) or (c) of this section.

(a) Upon an order of an appropriate court in the course of an investigation or prosecution regarding vote counting equipment, voter registration or procedures. The court order shall specify the procedures for reviewing the materials in escrow, including, but not limited to, the name of each person permitted to review the materials, the person or persons responsible for guaranteeing that the materials are not tampered with or otherwise altered, and the time, place, and other conditions under which the materials may be reviewed.

(b) 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 these regulations.

(c) The Secretary of State may, in furtherance of these regulations, for cause at any time, audit source code materials placed in escrow with an approved escrow facility or a facility for which approval has been withdrawn pursuant to these regulations, for purposes of verifying the contents.

1. New article 7 and section filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
2. Amendment of first paragraph and subsection (a), new subsection (c) and amendment of 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.

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