Missouri 2024 Regular Session

Missouri Senate Bill SB816 Compare Versions

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Old	New	Differences
1	1
2	2	SECOND REGULAR SESSION
3	3	SENATE BILL NO. 816
4	4	102ND GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR CARTER.
6	6	3095S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 115.225, RSMo, and to enact in lieu thereof one new section relating to electronic
9	9	voting systems, with an effective date.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 115.225, RSMo, is repealed and one new 1
13	13	section enacted in lieu thereof, to be known as section 115.225, 2
14	14	to read as follows:3
15	15	115.225. 1. Before use by election authorities in 1
16	16	this state, the secretary of state shall approve the marking 2
17	17	devices and the automatic tabulating equipment used in 3
18	18	electronic voting systems and may promulgate rules and 4
19	19	regulations to implement the intent of sections 115.225 to 5
20	20	115.235. 6
21	21	2. No electronic voting system shall be approved 7
22	22	unless it: 8
23	23	(1) Permits voting in absolute secrecy; 9
24	24	(2) Permits each voter to vote for as many candidates 10
25	25	for each office as a voter is lawfully entitled to vote for; 11
26	26	(3) Permits each voter to vote for or against as many 12
27	27	questions as a voter is lawfully entitled to vo te on, and no 13
28	28	more; 14
29	29	(4) Provides facilities for each voter to cast as many 15
30	30	write-in votes for each office as a voter is lawfully 16
31	31	entitled to cast; 17 SB 816 2
32	32	(5) Permits each voter in a primary election to vote 18
33	33	for the candidates of only one party ann ounced by the voter 19
34	34	in advance; 20
35	35	(6) Permits each voter at a presidential election to 21
36	36	vote by use of a single mark for the candidates of one party 22
37	37	or group of petitioners for president, vice president and 23
38	38	their presidential electors; 24
39	39	(7) Accurately counts all proper votes cast for each 25
40	40	candidate and for and against each question; 26
41	41	(8) Is set to reject all votes, except write -in votes, 27
42	42	for any office and on any question when the number of votes 28
43	43	exceeds the number a voter is lawfully en titled to cast; 29
44	44	(9) Permits each voter, while voting, to clearly see 30
45	45	the ballot label; 31
46	46	(10) Has been tested and is certified by an 32
47	47	independent authority that meets the voting system standards 33
48	48	developed by the Federal Election Commission or i ts 34
49	49	successor agency. The provisions of this subdivision shall 35
50	50	not be required for any system purchased prior to August 28, 36
51	51	2002; 37
52	52	(11) Is developed, owned, and maintained by a business 38
53	53	entity registered in the United States and owned by United 39
54	54	States citizens. If the business entity is publicly held, 40
55	55	the board of directors and the majority stockholders shall 41
56	56	be United States citizens. The business entity shall not be 42
57	57	a subsidiary of any multinational firm and shall have its 43
58	58	principal place of business located within the United States; 44
59	59	(12) Meets the requirements of subsection 10 of this 45
60	60	section. 46
61	61	3. The secretary of state shall promulgate rules and 47
62	62	regulations to allow the use of a computerized voting 48
63	63	system. The procedures shall provide for the use of a 49 SB 816 3
64	64	computerized voting system with the ability to provide a 50
65	65	paper audit trail. Notwithstanding any provisions of this 51
66	66	chapter to the contrary, such a system may allow for the 52
67	67	storage of processed ballot materials in an electr onic form. 53
68	68	4. Any rule or portion of a rule, as that term is 54
69	69	defined in section 536.010, that is created under the 55
70	70	authority delegated in this section shall become effective 56
71	71	only if it complies with and is subject to all of the 57
72	72	provisions of chapter 536 and, if applicable, section 58
73	73	536.028. This section and chapter 536 are nonseverable and 59
74	74	if any of the powers vested with the general assembly 60
75	75	pursuant to chapter 536 to review, to delay the effective 61
76	76	date or to disapprove and annul a rule are s ubsequently held 62
77	77	unconstitutional, then the grant of rulemaking authority and 63
78	78	any rule proposed or adopted after August 28, 2002, shall be 64
79	79	invalid and void. 65
80	80	5. If any election authority uses any touchscreen 66
81	81	direct-recording electronic vote -counting machine, the 67
82	82	election authority may continue to use such machine. Upon 68
83	83	the removal of such voting machine from the election 69
84	84	authority's inventory because of mechanical malfunction, 70
85	85	wear and tear, or any other reason, the machine shall not be 71
86	86	replaced and no additional direct -recording electronic vote - 72
87	87	counting machine shall be added to the election authority's 73
88	88	inventory. Such machines shall not be used beginning 74
89	89	January 1, 2024. Equipment that is designed for 75
90	90	accessibility shall provide a paper ballot audit trail. 76
91	91	6. (1) Each election authority that controls its own 77
92	92	information technology department shall, once every two 78
93	93	years, allow a cyber security review of their office by the 79
94	94	secretary of state or alternatively by an entity that 80
95	95	specializes in cyber security reviews. Each political 81 SB 816 4
96	96	subdivision that controls the information technology 82
97	97	department for an election authority shall, once every two 83
98	98	years, allow a cyber security review of the information 84
99	99	technology department by the s ecretary of state or 85
100	100	alternatively by an entity that specializes in cyber 86
101	101	security reviews. The secretary of state shall, once every 87
102	102	two years, allow a cyber security review of its office by an 88
103	103	entity that specializes in cyber security reviews. For 89
104	104	purposes of this section, an entity specializes in cyber 90
105	105	security review if it employs one or more individuals who: 91
106	106	(a) Have at least five years management experience in 92
107	107	information security or five years' experience as an 93
108	108	information security ana lyst; 94
109	109	(b) Have worked in at least two of the domains listed 95
110	110	in paragraph (c) of this subdivision that are covered in the 96
111	111	exam required by such paragraph; and 97
112	112	(c) Have attained an information security 98
113	113	certification by passing an exam that cov ers at least three 99
114	114	of the following topics: 100
115	115	a. Information technology risk management, 101
116	116	identification, mitigation, and compliance; 102
117	117	b. Information security incident management; 103
118	118	c. Information security program development and 104
119	119	management; 105
120	120	d. Risk and control monitoring and reporting; 106
121	121	e. Access control systems and methodology; 107
122	122	f. Business continuity planning and disaster recovery 108
123	123	planning; 109
124	124	g. Physical security of election authority property; 110
125	125	h. Networking security; or 111
126	126	i. Security architecture application and systems 112
127	127	development. 113 SB 816 5
128	128	(2) If an election authority or political subdivision 114
129	129	fails to have a cyber security review as required by this 115
130	130	subsection, the secretary of state may publish a notice of 116
131	131	noncompliance in a newspaper within the jurisdiction of the 117
132	132	election authority or in electronic format. The secretary 118
133	133	of state is also authorized to withhold funds from an 119
134	134	election authority in violation of this section unless such 120
135	135	funding is a federal mandate or part of a federal and state 121
136	136	agreement. 122
137	137	7. The secretary of state shall have authority to 123
138	138	require cyber security testing, including penetration 124
139	139	testing, of vendor machines, programs, and systems. Failure 125
140	140	to participate in such test ing shall result in a revocation 126
141	141	of vendor certification. Upon notice from another 127
142	142	jurisdiction of cyber security failures or certification 128
143	143	withholds or revocation, the secretary of state shall have 129
144	144	authority to revoke or withhold certification for ve ndors. 130
145	145	The requirements of this section shall be subject to 131
146	146	appropriation for the purpose of cyber security testing. 132
147	147	8. The secretary of state may designate an 133
148	148	organization of which each election authority shall be a 134
149	149	member, provided there is no membership fee and the 135
150	150	organization provides information to increase cyber security 136
151	151	and election integrity efforts. 137
152	152	9. All audits required by subsection 6 of this section 138
153	153	that are conducted by the secretary of state shall be solely 139
154	154	paid for by state and federal funding. 140
155	155	10. (1) As used in this subsection, the following 141
156	156	terms mean: 142
157	157	(a) "Corresponding source", for an electronic voting 143
158	158	system in object code form, all the source code needed to 144
159	159	generate, install, and, for an executable electronic voting 145 SB 816 6
160	160	system, run the object code and to modify the electronic 146
161	161	voting system, including scripts to control those 147
162	162	activities. "Corresponding source" does not include the 148
163	163	electronic voting system's system libraries, general -purpose 149
164	164	tools, or generally available free programs that are used 150
165	165	unmodified in performing those activities but are not part 151
166	166	of the work. "Corresponding source" includes interface 152
167	167	definition files associated with source files for the 153
168	168	electronic voting system, the so urce code for shared 154
169	169	libraries, and dynamically linked subprograms that the 155
170	170	electronic voting system is specifically designed to 156
171	171	require, such as by intimate data communication or control 157
172	172	flow between those subprograms and other parts of the 158
173	173	electronic voting system; 159
174	174	(b) "Object code", any non -source form of an 160
175	175	electronic voting system; 161
176	176	(c) "Source code", the preferred form of the 162
177	177	electronic voting system for making modifications to it; 163
178	178	(d) "Standard interface", an interface that ei ther is 164
179	179	an official standard defined by a recognized standards body, 165
180	180	or, in the case of interfaces specified for a particular 166
181	181	programming language, one that is widely used among 167
182	182	developers working in that language; 168
183	183	(e) "System libraries", a catal og of an executable 169
184	184	electronic voting system, including anything, other than the 170
185	185	electronic voting system as a whole, that is included in the 171
186	186	normal form of packaging a major component but is not part 172
187	187	of that major component and serves only to enable u se of the 173
188	188	electronic voting system with that major component or to 174
189	189	implement a standard interface for which an implementation 175
190	190	is available to the public in source code form. As used in 176
191	191	this paragraph, a "major component" is a major essential 177 SB 816 7
192	192	component including, but not limited to, a kernel or window 178
193	193	system of the specific operating system on which the 179
194	194	executable electronic voting system runs, a compiler used to 180
195	195	produce the electronic voting system, or an object code 181
196	196	interpreter used to run it. 182
197	197	(2) Any software, or hardware containing software or 183
198	198	firmware, used in an electronic voting system in this state 184
199	199	shall have the full corresponding source code of the 185
200	200	software or firmware made publicly available by the 186
201	201	secretary of state at no cost, upon request of any resident 187
202	202	or citizen of this state. The full corresponding source 188
203	203	code provided shall exactly match the code necessary to 189
204	204	recreate any object code currently being used or deployed by 190
205	205	the state or any of its political subdivisions f or election 191
206	206	tabulation purposes. Additionally, the full corresponding 192
207	207	source code for any software or firmware used for election 193
208	208	tabulation purposes in prior elections shall be retained by 194
209	209	the secretary of state and made available upon request for a 195
210	210	period of ten years after the certification of the results 196
211	211	of the relevant election. 197
212	212	(3) The corresponding source shall not be required to 198
213	213	include anything that users can regenerate automatically 199
214	214	from other parts of the corresponding source. 200
215	215	(4) The corresponding source for an electronic voting 201
216	216	system in source code form is that same electronic voting 202
217	217	system. 203
218	218	Section B. The repeal and reenactment of section 1
219	219	115.225 of this act shall become effective January 1, 2025. 2
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