Senate BillChaptered/SignedElections
SB 851: Elections.
What SB 851 does, verified December 8, 2025
The bill aims to improve the enforcement of election laws and protect the integrity of the electoral process. It requires state or local agencies to notify the secretary of state and attorney general within 3 days of filing or being served with a court action related to elections. Agencies must also provide written notice before entering into a settlement or agreement related to federal law claims. The bill specifies that certain election duties, such as declaring election results and submitting certified statements, are ministerial and nondiscretionary, and requires the secretary of state to ensure compliance. It also expands the scope of existing crimes to include uniformed law enforcement officers and expands penalties for crimes related to polling places and ballot collection. The bill updates voting system standards to meet federal minimum requirements and incorporates best practic…
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Last action: Chaptered by Secretary of State. Chapter 238, Statutes of 2025. (2025-09-13)Alert me
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| Oct. 01, 2025 | Chaptered by Secretary of State. Chapter 238, Statutes of 2025. |
| Oct. 01, 2025 | Approved by the Governor. |
| Sep. 23, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep. 13, 2025 | Read third time. Urgency clause adopted. Passed. (Ayes 60. Noes 19. Page 3447.) Ordered to the Senate. |
| Sep. 13, 2025 | Assembly amendments concurred in. (Ayes 29. Noes 6. Page 3059.) Ordered to engrossing and enrolling. |
Latest bill textChaptered version, October 1, 2025 · 4,852 words
Senate Bill No. 851
CHAPTER 238
An act to amend Sections 15371, 15372, 15375, 15400, 18545, 18568, 19006, 19101, 19212, 19215, 19284, and 19290 of, and to add Section 21 to, the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.
[ Approved by Governor October 01, 2025. Filed with Secretary of State October 01, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 851, Cervantes. Elections.
(1) Existing state and federal law provides for the enforcement of laws related to elections and provides procedures to challenge the conduct of elections and election results.
This bill would require a state or local agency or political subdivision that files or is served with a court action relating to elections that contains a claim arising under federal law to provide written notice to the Secretary of State and the Attorney General within 3 days. The bill would require a state or local agency or political subdivision, at least 14 days before entering into a settlement, consent decree, or other court-approved agreement with respect to such a claim arising under federal law, to provide notice of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General. The bill would exempt records or information exchanged pursuant to this provision from the California Public Records Act.
(2) Existing law requires an elections official, upon completion of the count, to add the results of write-in votes and any paper ballots used as certified by the precinct board, and thereupon declare the vote. Existing law requires the elections official to prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election, as specified. Existing law requires the elections official to send to the Secretary of State within 31 days of the election in an electronic format a complete copy of specified election results, including the vote given for persons for electors of President and Vice President of the United States, all candidates voted for statewide office, and all statewide measures.
This bill would specify that the duties described above imposed on elections officials are ministerial and nondiscretionary.
Existing law, if the Secretary of State determines that state election laws are not being enforced, requires the Secretary of State to call the violation of those laws to the attention of the district attorney of the county or to the Attorney General.
This bill, if an elections official fails to prepare a certified statement of the results of the election, would require the Secretary of State to call the violation to the attention of the district attorney of the county or to the Attorney General and authorize the Secretary of State to assist the county elections official in discharging their duties, consistent with those provisions.
(3) Existing law requires a governing body to declare elected or nominated the person having the highest number of votes for each office voted on at an election under its jurisdiction and to declare the results of each measure voted on at an election under its jurisdiction.
This bill would specify that these duties are ministerial and nondiscretionary.
(4) Existing law establishes a crime punishable by a fine, imprisonment, or both, for a person who hires or arranges for a person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official.
This bill would apply the above penalties with respect to a uniformed law enforcement officer, including an officer or agent of a federal law enforcement agency, rather than to a uniformed peace officer. The bill would expand the scope of the crime to include the presence of any of the above persons in the immediate vicinity of or at a county elections office.
(5) Existing law makes it a crime to display a container for the purpose of collecting ballots with the intent to deceive a voter into casting a ballot in an unofficial ballot box. Existing law also makes it a crime to direct or solicit a voter to place a ballot in such a container. Existing law makes these crimes punishable by a fine not to exceed $1,000, by imprisonment for 16 months or two or three years, or by both fine and imprisonment.
This bill would also make it a crime to display an envelope for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box. The bill would make it a crime to direct or solicit a voter to place a ballot in such an envelope.
(6) Existing law provides requirements for the certification of voting systems. Existing law requires the Secretary of State to adopt and publish voting system standards that meet or exceed federal voluntary voting system guidelines prescribed by the United States Election Assistance Commission, as specified.
This bill would repeal the above requirement and instead require the Secretary of State to adopt and publish voting standards that meet the minimum requirements of the federal Help America Vote Act of 2002 and that incorporate best practices in election technology.
(7) Existing law requires a vendor, jurisdiction, and applicant for certification or approval of a remote accessible vote by mail system to notify the Secretary of State and local elections officials, as applicable, if they learn of a defect, fault, or failure in the system or part of the system. Existing law requires the Secretary of State, after receiving notice, to further notify and submit a report to the United States Election Assistance Commission.
This bill would repeal the above requirements that the Secretary of State notify and submit a report to the United States Election Assistance Commission.
(8) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(9) By broadening the scope of existing crimes, and by establishing new procedures for the conduct of elections, including with respect to enforcement of local election laws, disclosure of voter registration information, and ballots, this bill would establish a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(10) This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1.
Section 21 is added to the Elections Code, to read:21.
(a) Within three court days after a state or local agency or political subdivision files or is served with a court action relating to elections that contains a claim arising under federal law, the state or local agency or political subdivision shall provide written notice to the Secretary of State and the Attorney General. Notice shall include the case number, case name, and venue.(b) At least 14 court days before a state or local agency or political subdivision enters into a settlement, consent decree, or other court-approved agreement in a court action relating to elections that contains a claim arising under federal law, the state or local agency or political subdivision shall provide a draft copy of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General in order to provide them an opportunity to deliver guidance to the state or local agency or political subdivision to ensure that the settlement, consent decree, or other court-approved agreement is consistent with California law, including California regulations. Any records or information exchanged under this section shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(c) For purposes of this section, a claim arising under federal law includes, but is not limited to, a claim brought under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), the Civil Rights Act of 1960 (52 U.S.C. Sec. 20701 et seq.), and the Fourteenth and Fifteenth Amendments to the United States Constitution.
(d) This section shall not be construed to require the Secretary of State or the Attorney General to become a party to any action of which they receive written notice.
(e) The Legislature finds and declares that this section addresses a matter of statewide concern, and therefore this section applies to all cities and counties, including charter cities, charter counties, and charter cities and counties.
SEC. 2.
Section 15371 of the Elections Code is amended to read:15371.
(a) Upon completion of the count, the elections official shall add to the results as so determined, the results of the write-in votes and any paper ballots used as certified by the precinct board, and thereupon shall declare the vote, and forthwith post one copy at the counting place for public inspection.(b) The duties imposed on elections officials pursuant to subdivision (a) are ministerial and nondiscretionary.
SEC. 3.
Section 15372 of the Elections Code is amended to read:15372.
(a) The elections official shall prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election or, in the case of school district, community college district, county board of education, or special district elections conducted on the first Tuesday after the first Monday in November of odd-numbered years, no later than the last Monday before the last Friday of that month.(b) The elections official shall post the certified statement of the results of the election on the elections official’s internet website in a downloadable spreadsheet format that may include, but is not limited to, a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. The certified statement of the election results shall be posted and maintained on the elections official’s internet website for at least 10 years following the election. This subdivision shall apply only to an elections official who uses a computer system that has the capability of producing the election results in a downloadable spreadsheet format without requiring modification of the computer system.
(c) The duties imposed on elections officials pursuant to subdivisions (a) and (b) are ministerial and nondiscretionary.
(d) If the elections official fails to prepare a certified statement of the results of the election as specified in subdivision (a), the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General and may assist the county elections official in discharging the officer’s duties, consistent with subdivision (b) of Section 12172.5 of the Government Code.
SEC. 4.
Section 15375 of the Elections Code is amended to read:15375.
(a) The elections official shall send to the Secretary of State within 31 days of the election in an electronic format in the manner requested one complete copy of all results as to each of the following:(1) All candidates voted for statewide office.
(2) All candidates voted for the following offices:
(A) Member of the State Assembly.
(B) Member of the State Senate.
(C) Member of the United States House of Representatives.
(D) Member of the State Board of Equalization.
(E) Justice of the Court of Appeal.
(F) Judge of the superior court.
(3) All persons voted for at the presidential primary. The results for all persons voted for at the presidential primary for delegates to national conventions shall be canvassed and shall be sent within 28 days after the election.
(4) The vote given for persons for electors of President and Vice President of the United States. The results for presidential electors shall be endorsed “Presidential Election Returns” and shall be canvassed and sent within 28 days after the election.
(5) All statewide measures.
(6) The total number of ballots cast.
(b) The duties imposed on elections officials pursuant to subdivision (a) are ministerial and nondiscretionary.
SEC. 5.
Section 15400 of the Elections Code is amended to read:15400.
(a) It is the ministerial and nondiscretionary duty of the governing body to declare elected or nominated to each office voted on at each election under its jurisdiction the person having the highest number of votes for that office, or who was elected or nominated under the exceptions noted in Section 15452.(b) It is the ministerial and nondiscretionary duty of the governing board to declare the results of each election under its jurisdiction as to each measure voted on at the election.
SEC. 6.
Section 18545 of the Elections Code is amended to read:18545.
(a) Any person who hires or arranges for any other person in possession of a firearm or any uniformed law enforcement officer, private guard, or security personnel or any person who is wearing a uniform of a law enforcement officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office without written authorization of the appropriate elections official or written authorization by a federal court order is punishable imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code and by a fine not to exceed ten thousand dollars ($10,000). (b) This section does not apply to the owner or manager of the facility or property in which the polling place is located if the private guard or security personnel is not hired or arranged solely for the day on which the election is held.
(c) For purposes of this section, “law enforcement officer” means either of the following:
(1) A peace officer as defined in Section 830 of the Penal Code.
(2) An officer or agent of a federal law enforcement agency or any person acting on behalf of a federal law enforcement agency.
SEC. 7.
Section 18568 of the Elections Code is amended to read: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).
SEC. 8.
Section 19006 of the Elections Code is amended to read:19006.
It is the intent of the Legislature that:(a) All voting systems be certified or conditionally approved by the Secretary of State, independent of voluntary federal qualification or certification, before they are used in future elections to ensure that the voting systems have the ability to meet accuracy, accessibility, and security standards.
(b) The Secretary of State adopt and publish testing standards that meet the minimum requirements of the Help America Vote Act of 2002 (52 U.S.C. Sec. 21081 et seq.) and that incorporate best practices in election technology.
(c) The Secretary of State study and encourage the development of voting systems that use nonproprietary source code and that are easy to audit.
(d) A local jurisdiction may use available public funds to purchase and maintain any certified or conditionally approved voting system or part of a voting system.
(e) California receive the benefits of the publicly funded development of a nonproprietary voting system in the state.
(f) A local jurisdiction may use available public funds to research and develop a nonproprietary voting system that uses disclosed source codes, including the manufacture of a limited number of voting system units, for use in a pilot program or for submission to the Secretary of State for certification.
SEC. 9.
Section 19101 of the Elections Code is amended to read:19101.
(a) The Secretary of State shall adopt and publish voting system standards and regulations governing the use of voting systems that meet the minimum requirements of the Help America Vote Act of 2002 (52 U.S.C. Sec. 21081 et seq.) and that incorporate best practices in election technology. The Secretary of State may require additional testing to ensure that voting systems meet the requirements of this code.(b) Voting system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements:
(1) The machine or device and its software shall be suitable for the purpose for which it is intended.
(2) The system shall preserve the secrecy of the ballot.
(3) The system shall be safe from fraud or manipulation.
(4) The system shall be accessible to voters with disabilities pursuant to Section 19242 and applicable federal laws.
(5) The system shall be accessible to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters pursuant to Section 14201 and applicable federal laws.
SEC. 10.
Section 19212 of the Elections Code is amended to read:19212.
(a) (1) No later than 10 business days after the Secretary of State certifies or conditionally approves the use of a new or updated voting system, the vendor or county seeking certification or approval of the voting system shall cause an exact copy of the approved source code for each component of the voting system, including complete build and configuration instructions and related documents for compiling the source code into object code, to be transferred directly from the voting system testing agency that evaluated the voting system and is approved by the Secretary of State, and deposited into an approved escrow facility.(2) No later than 10 business days after the Secretary of State certifies or conditionally approves a new or updated ballot marking system, the vendor or county seeking certification or approval of the ballot marking system shall cause an exact copy of the approved source code for each component of the ballot marking system, including complete build and configuration instructions and related documents for compiling the source code into object code, to be deposited into an approved escrow facility.
(b) The Secretary of State shall adopt regulations relating to all of the following:
(1) The definition of source code components of a voting system or ballot marking system, including source code for all firmware and software of the voting system or ballot marking system. Firmware and software shall include commercial off-the-shelf or other third-party firmware and software that is available and able to be disclosed by the vendor or county seeking certification or approval of a voting system or ballot marking system.
(2) Specifications for the escrow facility, including security and environmental specifications necessary for the preservation of the voting system or ballot marking system source codes.
(3) Procedures for submitting voting system or ballot marking system source codes.
(4) Criteria for access to voting system or ballot marking system source codes.
(5) Requirements for the applicant to include in the materials deposited in escrow build and configuration instructions and documents so that a neutral third party may create, from the source codes in escrow, executable object codes identical to the code installed on certified or conditionally approved voting systems or ballot marking systems.
(c) The Secretary of State shall have reasonable access to the materials placed in escrow, under any of the following circumstances:
(1) In the course of an investigation or prosecution regarding vote counting or ballot marking equipment or procedures.
(2) 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 this section.
(3) In order to fulfill the provisions of this chapter related to the examination and certification or conditional approval of voting systems or ballot marking systems.
(4) In order to verify that the software on a voting system is identical to the certified or conditionally approved version.
(5) For any other purpose deemed necessary to fulfill the provisions of this code or Section 12172.5 of the Government Code.
(d) The Secretary of State may seek injunctive relief requiring the elections officials, approved escrow facility, or any vendor or manufacturer of a voting system or part of a voting system to comply with this section and related regulations. Venue for a proceeding under this section shall be exclusively in Sacramento County.
(e) This section applies to all elections.
SEC. 11.
Section 19215 of the Elections Code is amended to read:19215.
If a voting system or a part of a voting system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of any voting system or part of any voting system created or manufactured by the vendor, or supplied by the vendor to any jurisdiction, within 30 calendar days after the vendor learns of the defect, fault, or failure.SEC. 12.
Section 19284 of the Elections Code is amended to read:19284.
(a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicant’s system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin their certification process until they receive a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete their examination without undue delay.(b) As used in this chapter:
(1) “Defect” means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law.
(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer’s product requirements for that software or firmware or applicable law.
(3) “Fault” means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer’s program specification or applicable law.
SEC. 13.
Section 19290 of the Elections Code is amended to read:19290.
If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of any system or part of any system created or manufactured by the vendor, or supplied by the vendor to any jurisdiction, within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure.SEC. 14.
The provisions of this bill shall be construed and applied in a manner that is consistent with the requirements of the California Constitution and the Constitution of the United States.SEC. 15.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 16.
The Legislature finds and declares that Section 1 of this act, which adds Section 21 to the Elections Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to ensure the confidentiality of privileged communications, documents, and other materials related to court actions, potential court actions, and negotiations related to these matters, including communications subject to the attorney-client privilege and the legislative privilege, it is necessary to prohibit the disclosure of records or information exchanged pursuant to Section 1 of this act.
SEC. 17.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 18.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for this act to apply to a statewide special election occurring on November 4, 2025, it is necessary that this act take effect immediately.
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