SB 1418: Preservation of election materials.

15550.

The records and supplies of any election when received by the elections official shall be maintained and disposed of in the manner set forth in this chapter and Chapter 4 (commencing with Section 17300) of Division 17.

15551.

(a) If any contest or criminal prosecution has been commenced before its destruction any document or record that is or will be subject to the preservation requirements in Section 17300 to Section 17306, inclusive, or any certified voting technology or electronic data or portion thereof, including source code, shall be subject to the order of the court in which the contest or criminal prosecution is pending and shall not be destroyed until after final determination of the contest or criminal prosecution.

(b) In the case of a congressional election contest, the elections official shall hold the ballots of that congressional district in custody subject to the inspection of any committee of the House of Representatives having in charge the investigation of the contest, until the final determination of the contest by the House of Representatives.

(c) In the case of a contest in the State Legislature, the elections official shall hold the ballots of the Senate or Assembly district in custody subject to the inspection of any committee of the Senate or Assembly having in charge the investigation of the contest until the final determination of the contest or the final adjournment of the session of the Legislature in which the contest is filed, whichever is the later.

(d) In no event, except as provided in Sections 15553 or 19230, shall any document that is or will be subject to the preservation requirements in Section 17300 to Section 17306, inclusive, or any certified voting technology or electronic data or portion thereof, including source code, or any other election-related material or equipment necessary for the conduct of an election, be taken from the custody of the elections official.

(e) For purposes of this section, “certified voting technology” and “electronic data” have the same meaning as defined in Section 17600.

17601.

(a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.

(b) (1) The following data shall be kept by the elections official, on electronic media, including, but not limited to, a hard drive, solid-state drive, flash drive, memory card, or other digital storage device, stored and unaltered, for 22 months from the date of the election:

(A) All voting system electronic data.

(B) All ballot on demand system electronic data, if applicable.

(C) All adjudication electronic data.

(D) All remote accessible vote by mail system electronic data, if applicable.

(E) All electronic poll book electronic data, if applicable.

(F) HASH values taken from the voting technology devices, if applicable.

(G) All ballot images.

(2) The electronic media which holds the data described in subparagraphs (A) through (G) of paragraph (1) of subdivision (b) shall be stored in a sealed container.

(c) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, using the ballot tally system to mark or falsify ballots, or manipulation of the ballot tally system, is not commenced within the 22-month period, either of which may involve the vote count of the precinct from which voted ballots were received, the elections official shall have the backups destroyed.

17602.

(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17601. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.

(b) (1) The following data shall be kept by the elections official, on electronic media, including, but not limited to, a hard drive, solid-state drive, flash drive, memory card, or other digital storage device, stored and unaltered, for six months from the date of the election:

(A) All voting system electronic data.

(B) All ballot on demand system electronic data, if applicable.

(C) All adjudication electronic data.

(D) All remote accessible vote by mail system electronic data, if applicable.

(E) All electronic poll book electronic data, if applicable.

(F) HASH values taken from the voting technology devices, if applicable.

(G) All ballot images, if applicable.

(2) The electronic media which holds the data described in subparagraphs (A) through (G) of paragraph (1) of subdivision (b) shall be stored in a sealed container.

(c) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, using the ballot tally system to mark or falsify ballots, or manipulation of the ballot tally system is not commenced within the six-month period, either of which may involve the vote count of the precinct from which voted ballots were received, the elections official shall have the backups destroyed.

18564.5.

(a) The Secretary of State, Attorney General, and any local elections official in the county in which the act occurs, may bring a civil action against an individual, business, or other legal entity that commits any of the following acts before, during, or after an election:

(1) Tampers, interferes, or attempts to interfere with the correct operation of, or willfully damages in order to prevent the use of, any voting machine, voting device, voting system, vote tabulating device, or ballot tally software.

(2) Interferes or attempts to interfere with the secrecy of voting or interferes or attempts to interfere with ballot tally software program source codes.

(3) Knowingly, and without authorization, gains access to or provides another person or persons with access to a voting machine for the purpose of committing one of the acts specified by this section.

(4) Willfully substitutes or attempts to substitute forged, counterfeit, or malicious ballot tally software program source codes.

(5) Knowingly, and without authorization, inserts or causes the insertion of uncertified hardware, software, or firmware, for whatever purpose, into any voting machine, voting device, voting system, vote tabulating device, or ballot tally software.

(6) Fails to notify the Secretary of State prior to any change in hardware, software, or firmware to a voting machine, voting device, voting system, or vote tabulating device, certified or conditionally certified for use in this state.

(7) Takes any document, record, certified voting technology, or electronic data, as those terms are defined in Section 17600, or portions thereof including source code, or any other election-related material or equipment necessary to the conduct of an election, from the custody of the elections official in violation of subdivision (d) of Section 15551.

(b) A civil action may be brought pursuant to this section for a civil penalty not to exceed fifty thousand dollars ($50,000) for each act and for injunctive relief, if appropriate.

18568.

Every person is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment, who:

(a) Aids in changing or destroying any poll list or official ballot.

(b) Aids in wrongfully placing any ballots in the ballot container or in taking any therefrom.

(c) Adds or attempts to add any ballots to those legally polled at any election by fraudulently putting them into the ballot container, either before or after the ballots therein have been counted.

(d) Adds to or mixes with, or attempts to add to or mix with, the ballots polled, any other ballots, while they are being counted or canvassed or at any other time, with intent to change the result of the election, or allows another to do so, when in the person’s power to prevent it.

(e) Carries away or destroys, attempts to carry away or destroy, or knowingly allows another to carry away or destroy, any poll list, ballot container, or ballots lawfully polled or who willfully detains, mutilates, or destroys any election returns.

(f) Removes any unvoted ballots from the polling place before the completion of the ballot count.

(g) Displays a container or provides an envelope for the purpose of collecting or returning ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot or returning a ballot in an unofficial ballot return envelope. Evidence of intent to deceive may include using the word “official” on the container or envelope, or otherwise fashioning the container or envelope in a way that is likely to deceive a voter into believing that the container or envelope is an official collection box or official ballot return envelope that has been approved by an elections official.

(h) Directs or solicits a voter to place a ballot in a container or envelope prohibited by subdivision (g).

(i) Knowingly takes any document, record, certified voting technology, or electronic data, as those terms are defined in Section 17600, or portions thereof including source code, or any other election-related material or equipment necessary to the conduct of an election, from the custody of the elections official in violation of subdivision (d) of Section 15551.