(a) Since 2007, the Board of Supervisors (“Board”) has shown interest in developing and using open source voting systems in the City and County of San Francisco (“the City”). In 2007, the City adopted Resolution No. 330-07, supporting an investigation into the feasibility of an open source voting system. In 2008, the City enacted Ordinance No. 268-08, creating a Voting Systems Task Force (“VSTF”) that provided the City with recommendations on models for development of a voting system, including proprietary, disclosed, and open source software and hardware. In June 2011, the VSTF issued “Recommendations on Voting Systems for the City and County of San Francisco,” a report summarizing their recommendations. This report is available with the Clerk of the Board in File No. 110805. In 2014, the City adopted Resolution No. 460-14, committing the City to work with other jurisdictions and organizations to create new voting systems using open source software. The Elections Commission (“Commission”) has also passed resolutions in support of open source voting in 2007, 2015, and 2018. These Commission resolutions are with the Clerk of the Board in the file for the ordinance establishing this Article XII, File No. 211303.
(b) Under California Elections Code Section 19209, to conduct an open source pilot program, the Board, without formally adopting a voting system, may provide for the experimental use of the voting system in a pilot program held in one or more precincts at a single election. Among other criteria, the voting system must meet the requirements of regulations adopted by the California Secretary of State (“SOS”). Under the California Elections Code, the Board must submit to the SOS a plan for the pilot program no later than nine months before the election at which the pilot program is proposed to be conducted; after submittal of such a plan, the SOS would have up to three months to approve or reject it. But, as of December 14, 2021, the SOS had not yet issued the regulations required for any pilot program, as required by the California Elections Code.
(c) On November 12, 2021, the SOS distributed a public letter confirming that it has begun the process of drafting the necessary regulations for a pilot program. This letter from the SOS is on file with the Clerk of the Board in File No. 211303. The letter also explained that while regulations have not yet been adopted, there are two available paths to move forward with an open source pilot program. First, the City or the open source voting system provider may submit a voting system for testing and review for certification by the SOS. Second, the City or the open source voting system provider may outline and document the intended voting system equipment, implementation, and use, and provide that information to the SOS for feedback.
(d) As of December 14, 2021, the SOS had not approved a pilot program for an open source or disclosed source voting system. The City is hoping to be the first to conduct a pilot program in conjunction with a future election. Conducting this pilot program would advance the Board’s and the Commission’s long-term goal of moving towards open source voting systems for City elections.
(Added by Ord. 12-22, File No. 211303, App. 2/4/2022, Eff. 3/7/2022)