SB1074

THE CONTEXT: The Secretary of State is charged with appointing a committee to investigate and test the various types of vote tabulating machines. The committee submits its recommendations to the Secretary of State who will then decide the make or model to be certified for use in the state.

WHAT THE BILL DID: The final vetoed version would prohibit electronic equipment from being the primary method for tabulating votes unless the equipment complies with the following: a) The equipment meets or exceeds the security standards set by the United States Department of Defense; b) The equipment is manufactured in the United States; and c) The source codes for the equipment are kept on file by the Auditor General, allow the Auditor General to release the source codes for the electronic equipment to specified individuals for the purpose of verifying that the equipment is operating properly, and outlines the process in which a superior court can appoint a special master to review the source codes for any electronic tabulating equipment in any instance where the tabulation of votes is at issue.

WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for tabulating equipment instead of leaving the conduct unaddressed. It would prohibit electronic equipment from being the primary method for tabulating votes unless the equipment complies with the following: a) The equipment meets or exceeds the security standards set by the United States Department of Defense; b) The equipment is manufactured in the United States; and c) The source codes for the equipment are kept on file by the Auditor General, and would also allow the Auditor General to release the source codes for the electronic equipment to specified individuals for the purpose of verifying that the equipment is operating properly, rather than leave the current rule unchanged.