| 1 | | - | Assembly Bill No. 1044 CHAPTER 106 An act to amend Section 2188.2 of the Elections Code, and to amend Section 12172.5 of the Government Code, relating to elections. [ Approved by Governor July 12, 2019. Filed with Secretary of State July 12, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 1044, Irwin. Elections: Secretary of State.(1) Existing law requires that an application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county be made pursuant to specified requirements. Existing law requires a person or entity who has received voter registration information pursuant to these provisions, following discovery or notification of a breach in the security of the storage of the information, to disclose the breach in security to the Secretary of State. Existing law requires the Secretary of State to adopt regulations describing best practices for storage and security of voter registration information received by an applicant. This bill would authorize the Secretary of State to require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant.(2) Existing law authorizes the Secretary of State to require elections officers to make reports concerning elections in their jurisdictions.This bill would clarify that this reporting requirement may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2188.2 of the Elections Code is amended to read:2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188.(b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant.SEC. 2. Section 12172.5 of the Government Code is amended to read:12172.5. (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officers duties.(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Section 6253.5.(d) The Secretary of State may adopt regulations to assure the uniform application and administration of state election laws. |
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| 1 | + | Enrolled July 03, 2019 Passed IN Senate July 01, 2019 Passed IN Assembly May 02, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1044Introduced by Assembly Member IrwinFebruary 21, 2019 An act to amend Section 2188.2 of the Elections Code, and to amend Section 12172.5 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1044, Irwin. Elections: Secretary of State.(1) Existing law requires that an application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county be made pursuant to specified requirements. Existing law requires a person or entity who has received voter registration information pursuant to these provisions, following discovery or notification of a breach in the security of the storage of the information, to disclose the breach in security to the Secretary of State. Existing law requires the Secretary of State to adopt regulations describing best practices for storage and security of voter registration information received by an applicant. This bill would authorize the Secretary of State to require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant.(2) Existing law authorizes the Secretary of State to require elections officers to make reports concerning elections in their jurisdictions.This bill would clarify that this reporting requirement may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2188.2 of the Elections Code is amended to read:2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188.(b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant.SEC. 2. Section 12172.5 of the Government Code is amended to read:12172.5. (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officers duties.(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Section 6253.5.(d) The Secretary of State may adopt regulations to assure the uniform application and administration of state election laws. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 1044, Irwin. Elections: Secretary of State. |
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| 20 | 30 | | |
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| 21 | 31 | | (1) Existing law requires that an application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county be made pursuant to specified requirements. Existing law requires a person or entity who has received voter registration information pursuant to these provisions, following discovery or notification of a breach in the security of the storage of the information, to disclose the breach in security to the Secretary of State. Existing law requires the Secretary of State to adopt regulations describing best practices for storage and security of voter registration information received by an applicant. This bill would authorize the Secretary of State to require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant.(2) Existing law authorizes the Secretary of State to require elections officers to make reports concerning elections in their jurisdictions.This bill would clarify that this reporting requirement may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction. |
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| 22 | 32 | | |
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| 23 | 33 | | (1) Existing law requires that an application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county be made pursuant to specified requirements. Existing law requires a person or entity who has received voter registration information pursuant to these provisions, following discovery or notification of a breach in the security of the storage of the information, to disclose the breach in security to the Secretary of State. Existing law requires the Secretary of State to adopt regulations describing best practices for storage and security of voter registration information received by an applicant. |
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| 24 | 34 | | |
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| 25 | 35 | | This bill would authorize the Secretary of State to require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant. |
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| 26 | 36 | | |
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| 27 | 37 | | (2) Existing law authorizes the Secretary of State to require elections officers to make reports concerning elections in their jurisdictions. |
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| 28 | 38 | | |
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| 29 | 39 | | This bill would clarify that this reporting requirement may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction. |
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| 30 | 40 | | |
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| 31 | 41 | | ## Digest Key |
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| 32 | 42 | | |
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| 33 | 43 | | ## Bill Text |
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| 34 | 44 | | |
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| 35 | 45 | | The people of the State of California do enact as follows:SECTION 1. Section 2188.2 of the Elections Code is amended to read:2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188.(b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant.SEC. 2. Section 12172.5 of the Government Code is amended to read:12172.5. (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officers duties.(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Section 6253.5.(d) The Secretary of State may adopt regulations to assure the uniform application and administration of state election laws. |
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| 36 | 46 | | |
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| 37 | 47 | | The people of the State of California do enact as follows: |
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| 38 | 48 | | |
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| 39 | 49 | | ## The people of the State of California do enact as follows: |
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| 40 | 50 | | |
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| 41 | 51 | | SECTION 1. Section 2188.2 of the Elections Code is amended to read:2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188.(b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant. |
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| 42 | 52 | | |
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| 43 | 53 | | SECTION 1. Section 2188.2 of the Elections Code is amended to read: |
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| 44 | 54 | | |
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| 45 | 55 | | ### SECTION 1. |
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| 46 | 56 | | |
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| 47 | 57 | | 2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188.(b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant. |
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| 48 | 58 | | |
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| 49 | 59 | | 2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188.(b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant. |
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| 50 | 60 | | |
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| 51 | 61 | | 2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188.(b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant. |
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| 52 | 62 | | |
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| 53 | 63 | | |
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| 54 | 64 | | |
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| 55 | 65 | | 2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188. |
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| 56 | 66 | | |
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| 57 | 67 | | (b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant. |
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| 58 | 68 | | |
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| 59 | 69 | | SEC. 2. Section 12172.5 of the Government Code is amended to read:12172.5. (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officers duties.(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Section 6253.5.(d) The Secretary of State may adopt regulations to assure the uniform application and administration of state election laws. |
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| 60 | 70 | | |
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| 61 | 71 | | SEC. 2. Section 12172.5 of the Government Code is amended to read: |
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| 62 | 72 | | |
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| 63 | 73 | | ### SEC. 2. |
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| 64 | 74 | | |
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| 65 | 75 | | 12172.5. (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officers duties.(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Section 6253.5.(d) The Secretary of State may adopt regulations to assure the uniform application and administration of state election laws. |
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| 66 | 76 | | |
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| 67 | 77 | | 12172.5. (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officers duties.(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Section 6253.5.(d) The Secretary of State may adopt regulations to assure the uniform application and administration of state election laws. |
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| 68 | 78 | | |
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| 69 | 79 | | 12172.5. (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officers duties.(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Section 6253.5.(d) The Secretary of State may adopt regulations to assure the uniform application and administration of state election laws. |
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| 70 | 80 | | |
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| 71 | 81 | | |
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| 72 | 82 | | |
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| 73 | 83 | | 12172.5. (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction. |
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| 74 | 84 | | |
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| 75 | 85 | | (b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officers duties. |
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| 76 | 86 | | |
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| 77 | 87 | | (c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Section 6253.5. |
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| 78 | 88 | | |
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| 79 | 89 | | (d) The Secretary of State may adopt regulations to assure the uniform application and administration of state election laws. |
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