CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1251
66TH LEGISLATURE
2020 REGULAR SESSION
Passed by the House March 7, 2020
  Yeas 97  Nays 0

Speaker of the House of Representatives
Passed by the Senate March 4, 2020
  Yeas 44  Nays 0

President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1251 as passed by the House of Representatives and the Senate on the dates hereon set forth.

Chief Clerk
Chief Clerk
Approved
FILED
Secretary of State
State of Washington

SUBSTITUTE HOUSE BILL 1251

AS AMENDED BY THE SENATE
Passed Legislature - 2020 Regular Session
State of Washington
66th Legislature
2019 Regular Session
ByHouse State Government & Tribal Relations (originally sponsored by Representatives Tarleton, Hudgins, and Wylie)
READ FIRST TIME 02/21/19.
AN ACT Relating to security breaches of election systems or election data including by foreign entities; amending RCW 29A.12.070; adding a new section to chapter 29A.12 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. The legislature finds that public confidence in state elections systems and election data are of paramount consideration to the integrity of the voting process. The legislature also finds that recent events have revealed an intentional and persistent effort by foreign entities to influence election systems and other cyber networks. Therefore, the legislature intends to review the state's electoral systems and processes and take appropriate measures to identify whether foreign entities were responsible for the intrusions.
NEW SECTION.  Sec. 2. A new section is added to chapter 29A.12 RCW to read as follows:
(1) The secretary of state must annually consult with the Washington state fusion center, state chief information officer, and each county auditor to identify instances of security breaches of election systems or election data.
(2) To the extent possible, the secretary of state must identify whether the source of a security breach, if any, is a foreign entity, domestic entity, or both.
(3) By December 31st of each year, the secretary of state must submit a report to the governor, state chief information officer, Washington state fusion center, and the chairs and ranking members of the appropriate legislative committees from the senate and house of representatives that includes information on any instances of security breaches identified under subsection (1) of this section and options to increase the security of the election systems and election data, and to prevent future security breaches. The report, and any related material, data, or information provided pursuant to subsection (1) of this section or used to assemble the report, may only be distributed to, or otherwise shared with, the individuals specifically mentioned in this subsection (3).
(4) For the purposes of this section:
(a) "Foreign entity" means an entity that is not organized or formed under the laws of the United States, or a person who is not domiciled in the United States or a citizen of the United States.
(b) "Security breach" means a breach of the election system or associated data where the system or associated data has been penetrated, accessed, or manipulated by an unauthorized person.
Sec. 3. RCW 29A.12.070 and 2003 c 111 s 307 are each amended to read as follows:
An agreement to purchase or lease a voting system or a component of a voting system is subject to that system or component passing ((an)):
(1) An acceptance test sufficient to demonstrate that the equipment is the same as that certified by the secretary of state and that the equipment is operating correctly as delivered to the county; and
(2) A vulnerability test conducted by a federal or state public entity which includes participation by local elections officials.
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