HOUSE OF REPRESENTATIVES
Olympia, Washington
Bill Analysis Bill No. HB 1593
Regulating poll‑site ballot counting devices.
Brief Title Hearing Date: 2/10/99
Reps. Edmonds, Bush and Miloscia Staff: Steve Lundin
Sponsor(s) State Government Committee
Phone: 786-7127
BACKGROUND:
Statutes provide details about how elections are conducted, including requirements for the use of paper ballots, voting machines, and electronic voting devices. These requirements include protocols for checking voting devices and counting ballots.
SUMMARY:
A number of requirements are established for poll-site ballot counting devices and various election provisions are altered or eliminated.
1. Requirements for voting precincts.
Requirements for precincts using voting machines or electronic vote counting devices are altered. These precincts must have an adequate number of devices, rather than at least one voting machine for every 300 active registered voters or major fraction thereof during a primary or general election held in an even-numbered year. The auditor may determine the number of poll-site counting devices at these precincts.
The requirement is eliminated that at least one voting booth be provided for every 50 active registered voters in a precinct where paper ballots are used.
2. Invalidation of ballots.
Absentee ballots, like ballots cast at polling places, are invalid if they are marked so as to identify the voter.
3. Procedures for election officers at precincts.
Procedures and requirements for using poll-site ballot counting devices are established and procedures for using voting machines are eliminated.
a. Testing of devices.
Election officers must see if the number on each poll-site ballot counting device agrees with the control number provided by the elections department. If the numbers do not agree, the device is not used. The polls may be reopened pending reexamination of the device. If the numbers agree, the election officials initialize the device and see whether the counter registers A000.@ The counter is reset to A000" if another number appears and the election officials confirm that the ballot box is empty.
Ballots may only be processed through a Avoting device@ [poll-site ballot counting device?] if a zero report is produced. The inspector and at least one of the judges must verify that zero ballots have been run through the machine and that all totals for each office are zero. If the totals are not zero, the inspector either resets the device to zero or contacts the elections department to reset the device and allows voting to continue using the auxiliary or emergency device.
b. Use of poll-site ballot counting device.
Voters are provided with instructions on how to use poll-site ballot collecting devices. Each poll-site ballot counting device must be programmed to return a blank ballot or an overvoted ballot to the voter for private examination. Steps must be taken to ensure that the secrecy of the ballot is maintained. If a ballot is returned by a poll-site ballot counting device, the voter may remark the original ballot, request a new ballot, or complete a special ballot envelope and return the ballot as a special ballot.
c. Failure of a poll-site ballot counting device.
If a poll-site ballot counting device fails to operate during polling hours, voting must continue and ballots are deposited for later tabulation in a secure ballot compartment separate from the tabulated ballots.
d. Programmed memory pack.
The programmed memory pack for each poll-site ballot counting device must be sealed into the device during final preparation and testing. Except when a device breaks down, the memory pack must remain sealed in the device until after the polls have closed and all reports and telephonic transfer of results have been completed. The precinct election officers who are responsible for transferring the sealed voted ballots must ensure that the memory pack is returned to the elections department. If the entire device is returned, the memory pack must remain sealed in the device. If the device remains at the polling place, the precinct election officer breaks the seal, removes the memory pack and seal, and returns the memory pack and seal along with irregularly voted ballots and special ballots to the elections department on election day.
e. Telephonic transmission of accumulated tally.
The accumulated tally from each poll-site ballot counting device may be telephonically transmitted to a central reporting location after the close of the polls. A printed record must be made of the results of the election for that poll site before any telephonic transmission is made. During canvassing of the election results, telephonically transmitted results are considered to be unofficial until a complete reconciliation of the results has been preformed. Reconciliation is accomplished by a direct loading of the results from the memory pack into the central accumulator or by comparing the report produced at the poll site on election night with the results received by the central accumulator.
f. Return of ballots.
All ballots tallied by poll-site counting devices must be returned to the elections department in sealed ballot containers on election day. However, ballots in a county that is composed entirely of islands, and ballots from an island in any other county, must be collected within 24 hours of the close of polls. These ballots are sealed by two of the election precinct officers at the polling place. A log of the seal and the names of the people sealing the container must be completed. A copy of the log is retained by the inspector, a copy is placed in the ballot transfer case, and a copy is transported with the ballots to the elections department where the seal must be verified by the county auditor or a designated representative. Ballots may be transported by one election employee if the container is sealed at the poll and then verified when returned to the elections department.
Counted ballots may be picked up prior to the close of polls and may be counted at the counting center prior to the close of the polls, but the election returns must be held secret.
g. Provisions relating to voting machines.
Various laws relating to voting machines are repealed.
FISCAL NOTE: Not requested.
EFFECTIVE DATE: Ninety days after adjournment of session in which bill is passed.