HF4962

Purpose

• To update how elections use technology by expanding the definition of an electronic voting system to include mobile voting technology.
• To allow ballots, instructions, and the certificate of voter eligibility to be transmitted to voters electronically via a mobile device, and to permit returning ballots electronically through mobile voting technology.
• To authorize limited, experimental use of electronic voting systems in certain precincts and set rules for their use and review.

Main Provisions

• Electronic transmission to voters (Section 1)

  • A voter in a jurisdiction that allows mobile voting technology can receive ballot instructions and the certificate of voter eligibility electronically through the mobile device.
  • The voter may also return the ballot and the certificate of voter eligibility electronically through the mobile technology.

• Electronic voting system defined (Section 2)

  • The term “electronic voting system” includes all components that count votes automatically, such as automatic tabulating equipment, electronic ballot markers/display, audio ballot reader, devices that register voting intent, software for programming tabulators and laying out ballots, and other related items (mobile voting technology, computer programs, secrecy folders, documentation, and testing results).

• Mobile voting technology defined (Section 3)

  • “Mobile voting technology” means an app on a mobile device used to complete and submit a ballot in a secure and encrypted way.

• Experimental use and rules (Section 4)

  • Local governments may use electronic voting systems experimentally in one or more precincts without making a full adoption of the system.
  • If they choose to use it, they must create rules and instructions (matching existing sections 206.55 to 206.90) and get them approved by the Secretary of State.
  • Once approved, a printed copy of the rules must be posted at the polling place and remain accessible for voters on election day, or must be made conspicuously available to voters using mobile voting technology before voting.

• Minimum requirements and rulemaking (Section 5)

  • Mobile voting technology must meet minimum standards:
  • It must be an approved electronic voting system.
  • It must use security features like multifactor authentication for the mobile device app.
  • It must use encryption when the ballot is transmitted.
  • It must be capable of printing the ballot in the same style and format as other ballots for the same precinct.
  • The Secretary of State may adopt rules to implement these provisions.

Significant Changes to Existing Law

• Adds mobile voting technology to the official definition of an electronic voting system, expanding what counts as an approved voting system.
• Allows the transmission of ballot-related materials (instructions and eligibility certificates) and the return of ballots via mobile devices.
• Creates explicit authorization for experimental use of electronic voting systems in certain precincts with required rules and public posting.
• Establishes new minimum security and operational requirements for mobile voting technology (e.g., multifactor authentication, encryption, and printing capabilities) and formalizes state-level rulemaking and oversight.

Implementation and Oversight (Overview)

• Secretary of State is given authority to approve rules and to oversee the implementation of mobile voting technology.
• Local governing bodies can pilot electronic voting systems but must follow required rulemaking and publicly post rules/instructions.
• Materials provided to voters must be accessible to voters either in polling places or via mobile technology before voting.

Terminology in Context

• Mobile voting technology
• Electronic voting system
• Certificate of voter eligibility
• Ballot instructions
• Multifactor authentication
• Encryption
• Printed ballot
• Experimental use / experimental systems
• Secretary of State
• Rules and instructions

Relevant Terms - mobile voting technology - electronic voting system - certificate of voter eligibility - ballot instructions - multifactor authentication - encryption - printed ballot - experimental use - rules - Secretary of State - voting app - secure transmission - polling place - counting center - automated tabulation - electronic ballot markers - ballot layout - voting software - testing results