WSR 04-01-071

EMERGENCY RULES

SECRETARY OF STATE


[ Filed December 12, 2003, 4:56 p.m. ]


Date Adopted: December 12, 2003.

Purpose: Clarify certification of voting equipment.

Citation of Existing Rules Affected by this Order: Amending WAC 434-333-010.

Statutory Authority for Adoption: RCW 29.33.041.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The Help America Vote Act requires this change in certifying voting equipment.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Effective Date of Rule: Immediately.

December 12, 2003

Steve Excell

Assistant Secretary of State



[AMENDATORY SECTION (Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)]WAC 434-333-010   Certification of vote tallying equipment.   All voting systems, voting devices, and vote tallying systems must be certified and approved by the secretary of state before they can be used or sold in Washington state. In order for a system to be certified in Washington state it must meet the Federal Elections Commission standards, must comply with Washington state law, and must be certified and used in in use in at least one other state or election jurisdiction of the United States.

[02-09-007, recodified as 434-333-010, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-334-010, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-34-010, filed 6/2/92, effective 7/3/92.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 434-333-012   Definition.   For the purposes of WAC 434-333-010 "used in at lease one other state or election jurisdiction" means that the voting system, devices or tallying system has been used by a government election authority to collect binding votes as a part of an actual election. This definition excludes sales demonstrations, and tests where the votes cast are not included in the official totals of an official election.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.