WSR 04-17-003

EMERGENCY RULES

SECRETARY OF STATE


[ Filed August 4, 2004, 4:13 p.m. , effective August 4, 2004 ]


Purpose: Last edit changes were not incorporated into first filing of these emergency rules.

Citation of Existing Rules Affected by this Order: Amending WAC 434-333-130, 434-333-135, 434-333-140, 434-333-145, 434-333-150, 434-333-155, 434-333-160, 434-333-165, 434-333-170, 434-333-175, 434-333-185, 434-333-215, 434-333-270, 434-333-285, 434-333-290, 434-333-295, and 434-333-300.

Statutory Authority for Adoption: RCW 29A.12.020.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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: New federal law requires electronic voting equipment and as counties implement this, new testing procedures are necessary to ensure the security and integrity of elections in the state.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 25, Amended 10, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 25, Amended 10, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 4, 2004.

Sam Reed

Secretary of State

OTS-7376.2


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-130   ((Punchcard test precinct selection -- State primary and general elections.)) Definition of official logic and accuracy test.   ((Prior to the official logic and accuracy test the office of the secretary of state shall review the election materials provided by the county and select a representative sample of precincts and ballot styles sufficient to cover all offices and issues contained in the election. The representative sample shall constitute the official logic and accuracy test. This provision does not limit the ability of the office of the secretary of state to conduct a complete test of every precinct if conditions warrant.)) As used in this chapter, "official logic and accuracy test" means the test performed in accordance with RCW 29.33.350 (29A.12.130).

[02-09-007, recodified as 434-333-130, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-130, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-135   ((Punchcard testing requirements prior to official logic and accuracy test.)) Logic and accuracy test conduct.   ((Prior to the official logic and accuracy test, each county employing a punchcard balloting system shall thoroughly test all programming and system components. The test must at least verify the office programming by thoroughly testing each individual office, test the ballot style logic to insure that all offices are included in the intended precincts and combinations, and verify that the program is accumulating all offices. The county auditor or deputy shall certify that these tests have been completed prior to the official logic and accuracy test.)) The county shall provide adequate personnel to properly operate the ballot counting equipment. Whenever possible, the equipment should be operated during the test by the same persons who will be responsible for the ballot count on election day. If any error in programming or mechanical function is detected, the cause shall be determined and corrected, and an errorless test completed before the primary or election.

[02-09-007, recodified as 434-333-135, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-135, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-140   ((Definitions.)) Logic and accuracy test observers.   ((For optical scan voting systems:

(1) "Voting response area" means the area defined by ballot instructions which the voter places their mark to indicate their vote.

(2) "Scanning area" means the portions of each ballot that the system scans in order to read the vote marks made by voters.

(3) "Ballot marking code" means the coded patterns printed on ballots intended to identify ballot styles to the ballot counting system.)) The official logic and accuracy test shall be observed by at least one representative of each major political party if representatives have been appointed by the parties and are present at the test. The party observers shall be instructed as election observers, by the county auditor. The official logic and accuracy test shall be open to candidates, the media, and the public. If any observer hinders or disturbs the logic and accuracy test process, the county auditor or representative may remove that observer from the test area. An observer who has been removed from a logic and accuracy test may also be barred from future tests. The absence of observers shall not delay or stop the test from being conducted.

[02-09-007, recodified as 434-333-140, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 00-10-009, 434-334-140, filed 4/21/00, effective 5/22/00; 99-08-115, 434-334-140, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-145   ((Logic and accuracy test deck preparation -- State primary and general election -- Optical scan systems.)) Logic and accuracy testing of voting systems and equipment -- State primary and general election.   ((The test deck or decks used for the official logic and accuracy test for optical scan systems may, at the discretion of the secretary of state, be prepared by either the office of the secretary of state, the county, or the vendor. Information describing the candidates, offices, ballot formats, ballot positions, ballot styles, list of the number of appearances of each office and each rotation, and all other information required to create the test decks must be available to the office of the secretary of state by the 20th day prior to the primary or election. If a county is delayed due to complications related to lawsuits or late filing periods, the county should advise the office of the secretary of state before the 20th day prior to the primary or election.)) At least three days before each state primary or general election the office of the secretary of state shall provide for a test of the programming for the vote tallying system to be used at that primary or election. The test should verify that the system will correctly count the votes cast for all candidates and all measures appearing on the ballot. The test shall also verify that the machine(s) is/are functioning to specifications.

[02-09-007, recodified as 434-333-145, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-145, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-150   ((Optical scan test ballot selection -- State primary and general elections.)) Procedure for conduct of delayed primary or general election emergency logic and accuracy test.   ((Prior to the official logic and accuracy test the office of the secretary of state shall review the provided election materials with the county and select a representative sample of ballot styles sufficient to cover all offices and issues contained in the election. This representative sample shall constitute the official logic and accuracy test. This provision does not limit the ability of the office of the secretary of state to conduct a complete test of every precinct if conditions warrant. If the office of the secretary of state is preparing the test deck, the county auditor shall send blank ballots of the selected ballot styles to the office of the secretary of state as soon as the ballots are available.)) If the official logic and accuracy test cannot be completed at the scheduled time and place, an emergency test shall be scheduled by the county auditor. The emergency test must be conducted and properly completed prior to the processing of any official ballots through the tabulating system. If no representative of the office of the secretary of state is able to attend the emergency test, the county auditor and another member of the county canvassing board or their designated representative shall observe the test and certify the results. Observers and notification shall be provided for pursuant to WAC 434-333-140 and 434-333-155.

[02-09-007, recodified as 434-333-150, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-150, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-155   ((Optical scan read head adjustment standards and tests.)) Logic and accuracy test scheduling and preparation -- State primary and general election.   ((Prior to all state primaries, read heads of optical scan central counting systems shall be cleaned and tested to insure that the reader is functioning within system standards.)) Prior to each state primary and general election, the office of the secretary of state will prepare a schedule of logic and accuracy tests. The office of the secretary of state will notify each county of the date and time of their test at least thirty days before the primary or election. The county is responsible for preparing the counting system and testing it before the actual logic and accuracy test. The ballot counting system shall be fully programmed, cleaned, maintained, tested, and functional before the official logic and accuracy test. The county shall notify the parties and media of the date and time of the test.

[02-09-007, recodified as 434-333-155, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-155, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-160   ((Optical scan read head and ballot scan area alignment tests.)) Logic and accuracy test certification -- State primary and general election.   ((Prior to all official logic and accuracy tests, a test shall be conducted by each county employing an optical scan balloting system to confirm that the voting response areas printed on all ballot faces are aligned properly with the scanning area of the ballot counter. This test should also confirm that all ballot marking codes are being properly interpreted by the ballot counter.)) The county auditor or deputy, and, if present, the office of the secretary of state representative and any political party observers shall certify that the test has been conducted in accordance with RCW 29.33.350. This certification shall include verification of the version number of all software, firmware, and hardware of the voting system used. Copies of this certification shall be retained by the secretary of state and the county auditor and may be posted by electronic media. Programming materials, test results, and test ballots shall be securely sealed until the day of the primary or election. These items may be sealed and stored separately.

If, for any reason, any changes are made to the ballot counting programming after the official logic and accuracy test, an emergency logic and accuracy test must be conducted pursuant to WAC 434-333-150.

[02-09-007, recodified as 434-333-160, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 00-10-009, 434-334-160, filed 4/21/00, effective 5/22/00; 99-08-115, 434-334-160, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-165   ((Optical scan ballot marking code program test.)) Logic and accuracy testing of voting systems and equipment -- Special elections.   ((Prior to the official logic and accuracy test each county employing an optical scan balloting system shall thoroughly test all programming and system components. The test must at least verify the office programming by thoroughly testing each individual office, testing the ballot style logic to insure that all offices are included on the intended ballot faces, and verify that the program is accumulating all offices. The county auditor or deputy shall certify that these tests have been completed prior to the official logic and accuracy test.)) At least three days before each special election, the programming for the vote tallying system to be used at that election shall be tested for logic and accuracy. The test should verify that the system will correctly count the votes cast for all candidates and all measures appearing on the ballot. The test shall be conducted by processing a preaudited group of ballots, marked with a predetermined number of votes, for each candidate and for or against each measure. For each office where there are two or more candidates and for each measure there will be an undervote and overvote.

[02-09-007, recodified as 434-333-165, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 00-10-009, 434-334-165, filed 4/21/00, effective 5/22/00; 99-08-115, 434-334-165, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-170   ((Precinct-based optical scan ballot counter preparation and testing.)) Logic and accuracy test deck preparation -- Special elections.   ((All logic and accuracy testing of precinct-based systems shall be performed by the county during the preparation of the precinct ballot counters prior to system distribution. As each ballot counter is programmed and set up for distribution a test of the ballot counter and ballot styles shall be performed. It shall be established by these tests that the ballot counter(s) are functioning within system standards. All ballot styles programmed for each machine shall be processed by each machine in order to insure that the machine is correctly counting and accumulating every office. The tests shall also establish that the printed ballot voter response areas are correctly aligned with the scanning area. After all tests are performed and the machine is ready for distribution, the machine shall be sealed and the seal number recorded. This will serve as the official logic and accuracy test of these poll site ballot counters.)) When a new test deck is required under WAC 434-333-165, the test deck or decks used for the official logic and accuracy test will be prepared by the county elections office.

[02-09-007, recodified as 434-333-170, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-170, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-175   ((Poll site-based optical scan ballot counter test notices, observers, and log of process.)) Logic and accuracy test scheduling and preparation -- Special election.   ((A log shall be created during the testing of the poll site-based ballot counters. The log shall record the time and place of each test, the precinct number(s), seal number and machine number of each ballot counter and the initials of each person testing and observing the test for each machine. This log shall be included in the official logic and accuracy test materials. The processes described in WAC 434-334-170 [434-333-170] shall be open to observation and subject to all notices and observers pursuant to WAC 434-334-070 [434-333-070] and 434-334-085 [434-333-085].)) The county is responsible for preparing the counting system and testing it before the official logic and accuracy test. The ballot counting system shall be fully programmed, cleaned and maintained, tested, and functional before the official logic and accuracy test. The county shall notify the parties and media of the date and time of the official logic and accuracy test.

[02-09-007, recodified as 434-333-175, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-175, filed 4/7/99, effective 5/8/99.]


NEW SECTION
WAC 434-333-180   Logic and accuracy test certification -- Special election.   The county auditor or deputy and any political party observers, if present, shall certify that the test has been conducted in accordance with RCW 29.33.350. Copies of this certification shall be retained by the county auditor. This certification shall include verification of the version number of all software, firmware, and hardware of the voting system used and may be published on electronic media. All programming materials, official test results, and test ballots shall be securely sealed until the day of the primary or election. These items may be sealed and stored separately.

If, for any reason, any changes are made to the ballot counting programming after the official logic and accuracy test, an emergency logic and accuracy test must be conducted pursuant to WAC 434-333-150.

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PUNCHCARD SYSTEMS
NEW SECTION
WAC 434-333-185   Logic and accuracy test preparation -- State primary and general election -- Punchcard systems.   The test deck or decks used for the official logic and accuracy test are maintained by the county auditor. Information describing the candidates, offices, ballot formats, ballot positions, pages applicable or planning matrix, accurate list of prepunches, list of the number of appearances of each office, and all other information required to select the test precincts and predict the results must be available to the office of the secretary of state at the very latest by the 30th day prior to the primary or election. If a county is delayed due to complications related to lawsuits or late filing periods, the county should advise the office of the secretary of state before the 30th day prior to the primary or election.

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NEW SECTION
WAC 434-333-190   Punchcard test deck maintenance and storage.   Each county employing a punchcard balloting system shall maintain a permanent deck of logic and accuracy test ballots. The test ballots shall contain a distinct pattern of votes. The deck may be used for all official logic and accuracy tests and for programming tests conducted in preparation for official logic and accuracy tests. The permanent test deck shall be maintained in secure storage except when being used for actual testing.

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NEW SECTION
WAC 434-333-195   Punchcard adjustment standards and tests.   Prior to all official logic and accuracy tests, a test must be conducted by each county employing a punchcard balloting system to confirm the ballot stock to be used in the election meets system specifications for card weight, thickness and length. The test should also confirm that the prepunches and voting response areas are being read properly by the ballot counter.

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NEW SECTION
WAC 434-333-200   Punchcard test precinct selection -- State primary and general elections.   Prior to the official logic and accuracy test the office of the secretary of state shall review the election materials provided by the county and select a representative sample of precincts and ballot styles sufficient to cover all offices and issues contained in the election. The representative sample shall constitute the official logic and accuracy test. This provision does not limit the ability of the office of the secretary of state to conduct a complete test of every precinct if conditions warrant.

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NEW SECTION
WAC 434-333-205   Punchcard testing requirements prior to official logic and accuracy test.   Prior to the official logic and accuracy test, each county employing a punchcard balloting system shall thoroughly test all programming and system components. The test must at least verify the office programming by thoroughly testing each individual office, test the ballot style logic to insure that all offices are included in the intended precincts and combinations, and verify that the program is accumulating all offices. The county auditor or deputy shall certify that these tests have been completed prior to the official logic and accuracy test.

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OPTICAL SCAN SYSTEMS
NEW SECTION
WAC 434-333-210   Definitions.   For optical scan voting systems:

(1) "Voting response area" means the area defined by ballot instructions on which the voter places their mark to indicate their vote.

(2) "Scanning area" means the portions of each ballot that the system scans in order to read the vote marks made by voters.

(3) "Ballot marking code" means the coded patterns printed on ballots intended to identify ballot styles to the ballot counting system.

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NEW SECTION
WAC 434-333-215   Logic and accuracy test deck preparation -- State primary and general election -- Optical scan systems.   The test deck or decks used for the official logic and accuracy test for optical scan systems may, at the discretion of the secretary of state, be prepared by either the office of the secretary of state, the county, or the vendor. Information describing the candidates, offices, ballot formats, ballot positions, ballot styles, list of the number of appearances of each office, and all other information required to create the test decks must be available to the office of the secretary of state by the 20th day prior to the primary or election. If a county is delayed due to complications related to lawsuits or late filing periods, the county should advise the office of the secretary of state before the 20th day prior to the primary or election.

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NEW SECTION
WAC 434-333-220   Optical scan test ballot selection -- State primary and general election.   Prior to the official logic and accuracy test the office of the secretary of state shall review the provided election materials with the county and select a representative sample of ballot styles sufficient to cover all offices and issues contained in the election. This representative sample shall constitute the official logic and accuracy test. This provision does not limit the ability of the office of the secretary of state to conduct a complete test of every precinct if conditions warrant. If the office of the secretary of state is preparing the test deck, the county auditor shall send blank ballots of the selected ballot styles to the office of the secretary of state as soon as the ballots are available.

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NEW SECTION
WAC 434-333-225   Optical scan read head adjustment standards and tests.   Prior to all state primaries, read heads of optical scan central counting systems shall be cleaned and tested to insure that the reader is functioning within system standards.

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NEW SECTION
WAC 434-333-230   Optical scan read head and ballot scan area alignment tests.   Prior to all official logic and accuracy tests, a test shall be conducted by each county employing an optical scan balloting system to confirm that the voting response areas printed on all ballot faces are aligned properly with the scanning area of the ballot counter. This test should also confirm that all ballot marking codes are being properly interpreted by the ballot counter.

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NEW SECTION
WAC 434-333-235   Optical scan ballot marking code program test.   Prior to the official logic and accuracy test each county employing an optical scan balloting system shall thoroughly test all programming and system components. The test must at least verify the office programming by thoroughly testing each individual office, testing the ballot style logic to insure that all offices are included on the intended ballot faces, and verify that the program is accumulating all offices. The county auditor or deputy shall certify that these tests have been completed prior to the official logic and accuracy test.

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POLL SITE-BASED OPTICAL SCAN DEVICES
NEW SECTION
WAC 434-333-240   Poll site-based optical scan ballot counter preparation and testing.   All logic and accuracy testing of poll site-based systems shall be performed by the county during the preparation of the precinct ballot counters prior to system distribution. As each ballot counter is programmed and set up for distribution a test of the ballot counter and ballot styles shall be performed. It shall be established by these tests that the ballot counter(s) are functioning within system standards. All ballot styles programmed for each machine shall be processed by each machine in order to insure that the machine is correctly counting and accumulating every office. The tests shall also establish that the printed ballot voter response areas are correctly aligned with the scanning area. After all tests are performed and the machine is ready for distribution, the machine shall be sealed and the seal number recorded. This will serve as the official logic and accuracy test of these poll site ballot counters.

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NEW SECTION
WAC 434-333-245   Poll site-based optical scan ballot counter test notices, observers, and log of process.   A log shall be created during the testing of the poll site-based ballot counters. The log shall record the time and place of each test, the precinct number(s), seal number and machine number of each ballot counter and the initials of each person testing and observing the test for each machine. This log shall be included in the official logic and accuracy test materials. The processes described in WAC 434-333-240 shall be open to observation and subject to all notices and observers pursuant to WAC 434-333-140 and 434-333-155.

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DIRECT RECORDING ELECTRONIC VOTING SYSTEMS
NEW SECTION
WAC 434-333-250   Definitions.   For direct recording electronic voting systems:

"Access device" is the device that is used by the voter to access the ballot at a direct recording electronic voting device. It may be a card or other media.

"Calibration" is the touch screen setting on direct recording electronic voting systems that controls the voter response area.

"Controller" is a component of a direct recording electronic voting system that allows the poll worker to add information to an access device so that a voter can access the correct ballot style.

"Parallel monitoring" is a process designed to detect potential presence of malicious code in the software of a voting machine. It requires a specific number of voting machines to be removed from random poll sites before voting begins. These machines are then test-voted throughout election day.

"Response area" is the area on the ballot face that records the voter's choice.

"Touch screen" is a type of computer interface on a voting device that allows the voter to touch the screen to make a choice.

"Voter verified paper record" is a paper record of a voter's choices to be verified before vote is cast.

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NEW SECTION
WAC 434-333-255   Logic and accuracy test plan preparation -- State primary and general election -- Direct recording electronic systems.   The test plan used for the official preelection logic and accuracy test for direct recording electronic systems may be prepared by either the office of the secretary of state or the county. Information describing the candidates, offices, ballot formats, ballot styles, list of the number of appearances of each office, and all other information required to create the test plan must be available to the office of the secretary of state by the 20th day prior to the primary or election. If a county is delayed due to complications related to lawsuits or late filing periods, the county should advise the office of the secretary of state before the 20th day prior to the primary or election.

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NEW SECTION
WAC 434-333-260   Direct recording electronic test ballot selection -- State primary and general election.   Prior to the official logic and accuracy test the office of the secretary of state shall review the provided election materials with the county and select a representative sample of ballot styles sufficient to cover all offices and issues contained in the election. This representative sample shall constitute the official preelection logic and accuracy test. This provision does not limit the ability of the office of the secretary of state to conduct a complete test of every precinct if conditions warrant.

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NEW SECTION
WAC 434-333-265   Direct recording electronic calibration adjustment standards and tests.   Prior to all state primaries and elections, calibration settings of all direct recording electronic devices using touch screen technology shall be tested to insure that the response areas are functioning within system standards.

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NEW SECTION
WAC 434-333-270   Direct recording electronic voting response area tests.   Prior to all official logic and accuracy tests, and prior to programming the poll-site direct recording electronic devices, a test shall be conducted by each county employing a direct recording electronic balloting system to confirm that the voting response areas indicated on all ballot faces are programmed correctly. The county shall test all ballot styles on at least one device to insure that the programming is correctly counting and accumulating every office and candidate.

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NEW SECTION
WAC 434-333-275   Direct recording electronic ballot marking code program test.   Prior to all official logic and accuracy tests each county employing a direct recording electronic balloting system shall thoroughly test all programming and system components. The test must verify the office programming by thoroughly testing each individual office, testing the ballot style logic to insure that all offices are included on the intended ballot faces, and verify that the program is accumulating all offices. The county auditor or deputy shall certify that these tests have been completed prior to the official logic and accuracy test.

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NEW SECTION
WAC 434-333-280   Direct recording electronic system logic and accuracy test notices, and observers.   At the discretion of the secretary of state, a county may conduct its official preelection logic and accuracy test of the county's direct recording electronic system at a date and time prior to the logic and accuracy test of the county's optical scan system. The official preelection logic and accuracy test of the county's direct recording electronic system shall be open to observation and subject to all notices and observers pursuant to WAC 434-333-140 and 434-333-155. The results of the test shall be included in the official logic and accuracy test materials and combined with the results of all other voting systems used by the county to confirm an adequate integration of the systems.

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POLL SITE-BASED DIRECT RECORDING ELECTRONIC DEVICES
NEW SECTION
WAC 434-333-285   Poll site-based direct recording electronic voting device preparation and testing.   All logic and accuracy testing of poll site-based direct recording electronic systems shall be performed by the county prior to system distribution. A representative from the secretary of state's office may attend these tests in whole or in part. As each voting device is programmed and set up for distribution a test of the response area, the ballot styles, and ballot counter shall be performed. It shall be established by these tests that the device and the tabulation software is functioning within system standards. A minimum of one ballot of each ballot style cast at a poll site shall be tested on the machines deployed at that poll site. The tests shall also establish that the voter response areas of each touch screen, if used, are correctly calibrated. This test shall also confirm that all ballot styles appropriate to the poll site to which the device will be deployed are properly issued by the controller. After all functionality tests are performed and the machine is ready for distribution, each machine shall be sealed and the seal number recorded. This will serve as the official logic and accuracy test of these poll site direct recording electronic devices.

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NEW SECTION
WAC 434-333-290   Poll site-based direct recording electronic device test notices, observers, and log of process.   A log shall be created during the testing of the poll site-based direct recording electronic machines. The log shall record the time and place of each test, the precinct number(s), seal number and machine number of each voting device and the initials of each person testing and observing the test for each machine. This log shall be included in the official logic and accuracy test materials. The processes described in WAC 434-333-170 shall be open to observation and subject to all notices and observers pursuant to WAC 434-333-140 and 434-333-155.

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NEW SECTION
WAC 434-333-295   Parallel monitoring test.   On election day, in each county using direct recording electronic voting devices without a voter verified paper record at the poll sites, parallel monitoring will be conducted in the following manner: One machine shall be removed from one percent (rounded up) of poll sites, chosen by lot, before voting begins. These machines will be attended by secretary of state personnel throughout the day and test votes will be cast by individuals selected by the county auditor, in a predetermined manner for results comparison at the end of the day. A record of votes cast may be kept by videotape for verification. All results of this test will be made public.

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NEW SECTION
WAC 434-333-300   Post election test.   Following election day, in each county using direct recording electronic voting devices at the poll sites, a post election logic and accuracy test will be conducted on the devices selected for the parallel monitoring test (ref. WAC 434-333-295). This test will be substantially the same as the preelection logic and accuracy test, pursuant to WAC 434-333-285 through 434-333-290.

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