CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1188Introduced by Assembly Member OrtegaFebruary 21, 2025 An act to amend Section 19202 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1188, as introduced, Ortega. Certification of voting systems.Existing law generally prohibits using a voting system unless it has been certified or conditionally approved by the Secretary of State before any election at which it is to be used.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19202 of the Elections Code is amended to read:19202. (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to before any election at which it is to be used.(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1188Introduced by Assembly Member OrtegaFebruary 21, 2025 An act to amend Section 19202 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1188, as introduced, Ortega. Certification of voting systems.Existing law generally prohibits using a voting system unless it has been certified or conditionally approved by the Secretary of State before any election at which it is to be used.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1188
Introduced by Assembly Member OrtegaFebruary 21, 2025
Introduced by Assembly Member Ortega
February 21, 2025
An act to amend Section 19202 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1188, as introduced, Ortega. Certification of voting systems.
Existing law generally prohibits using a voting system unless it has been certified or conditionally approved by the Secretary of State before any election at which it is to be used.This bill would make a nonsubstantive change to that provision.
Existing law generally prohibits using a voting system unless it has been certified or conditionally approved by the Secretary of State before any election at which it is to be used.
This bill would make a nonsubstantive change to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 19202 of the Elections Code is amended to read:19202. (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to before any election at which it is to be used.(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 19202 of the Elections Code is amended to read:19202. (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to before any election at which it is to be used.(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.
SECTION 1. Section 19202 of the Elections Code is amended to read:
### SECTION 1.
19202. (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to before any election at which it is to be used.(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.
19202. (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to before any election at which it is to be used.(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.
19202. (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to before any election at which it is to be used.(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.
19202. (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to before any election at which it is to be used.
(b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232.
(c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014.
(d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State.
(e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following:
(1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.
(2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:
(A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive.
(B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209.