Purpose

This bill aims to expand how people can vote by adding mobile voting technology to the official definitions and processes. It allows ballot instructions and a certificate of voter eligibility to be sent to voters electronically through a mobile device, and it allows voters to return ballots and eligibility certificates electronically. It also creates rules for experimenting with electronic voting systems and sets security and printing requirements to protect ballots.

Key Definitions and How Mobile Voting Works

• Mobile voting technology: an application on a mobile device used to complete and submit a ballot in a secure and encrypted manner.
• Electronic voting system: a system where votes are recorded for counting by automatic tabulating equipment, and it includes devices and software used to mark, display, or program ballots, as well as mobile voting technology and related materials (e.g., ballot markers, display, audio readers, software for tabulators, and system testing results).

Main Provisions

• Transmission and return via mobile devices:
  • Voters in jurisdictions that authorize mobile voting may request that ballot instructions and a certificate of voter eligibility be transmitted electronically through the mobile voting technology.
  • Voters may return the ballot and the certificate of voter eligibility electronically through the mobile voting technology.
• Expanded scope of electronic voting systems:
  • The definition of electronic voting system is broadened to include mobile voting technology and related components like electronic ballot markers, display, audio readers, and software used to program tabulators, along with secure documentation and testing results.
• Experimental use:
  • A municipality may pilot an electronic voting system in one or more precincts without a formal adoption process. If used, it is treated as valid for all purposes as if permanently adopted.
  • Before any experimental use, rules and instructions must be prescribed and submitted to the secretary of state for approval, posted in polling places, and made available to or acknowledged by voters (including those using mobile voting technology) on election day.
• Requirements for mobile voting systems:
  • A minimum set of requirements includes: the system must be an approved electronic voting system; use security features such as multifactor authentication for the mobile device app; use encryption when transmitting ballots; and be able to print the ballot in the same style/format as other ballots for the same precinct.
• Rulemaking authority:
  • The secretary of state may adopt rules to implement the use of mobile voting technology.

Changes to Existing Law

• Definition changes: Mobile voting technology is added to the definition of electronic voting system, expanding what counts as an electronic voting system and what components are included.
• Instructions and materials delivery: Ballot instructions and eligibility certificates can be sent and ballots returned electronically via mobile devices.
• Experimental options: The bill formally allows experimental use of electronic voting systems with required safeguards and public posting.
• Security and parity requirements: New minimum security standards (e.g., multifactor authentication and encryption) and printing parity (ballots printed in the same style and format as other ballots) are established for mobile voting.

Implementation and Oversight

• Oversight by: Secretary of State has rulemaking authority to implement these provisions.
• Posting and transparency: When experimental or mobile voting is used, rules and instructions must be approved, posted in polling places, and accessible to voters or acknowledged by voters prior to voting.

Potential Implications

• Accessibility: Could make voting more convenient by allowing electronic transmission of materials and electronic submission via mobile devices.
• Security and privacy: Emphasizes encryption and multifactor authentication to protect ballots transmitted over mobile devices.
• Consistency: Requires ballots to be printable in the same style as other precinct ballots to maintain consistency.

Relevant terms - mobile voting technology - electronic voting system - ballot instructions - certificate of voter eligibility - encryption - multifactor authentication - automatic tabulating equipment - electronic ballot markers - ballot display - audio ballot reader - software for tabulators - printing parity - rules and instructions - secretary of state - experimental use - polling place - counting center - secure transmission - approved electronic voting system