WSR 05-18-022

PERMANENT RULES

SECRETARY OF STATE


(Elections Division)

[ Filed August 29, 2005, 3:41 p.m. , effective September 29, 2005 ]


Purpose: To clarify and define the purpose by which the Secretary of State certifies voting systems and to add testing procedures for new electronic voting equipment required by new federal law.

This rule filing supersedes emergency rules filed on July 6, 2005, in WSR 05-14-170.

Citation of Existing Rules Affected by this Order: Repealing chapter 434-333 WAC in its entirety.

Statutory Authority for Adoption: RCW 29A.04.611.

Adopted under notice filed as WSR 05-05-034 on February 10, 2005.

Changes Other than Editing from Proposed to Adopted Version: Changes were technical in nature.

Number of Sections Adopted in Order to Comply with Federal Statute: New 63, Amended 0, Repealed 35; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 65, Amended 0, Repealed 35; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 29, 2005.

Steve Excell

Assistant Secretary of State

OTS-8308.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 434-333-010 Certification of vote tallying equipment.
WAC 434-333-015 Application for certification.
WAC 434-333-020 Additional information and equipment required.
WAC 434-333-025 Vendor deposit for examination expenses.
WAC 434-333-030 Examination of equipment.
WAC 434-333-035 Public hearing.
WAC 434-333-040 Issuance of certification.
WAC 434-333-045 Modification of certified equipment, guidelines for reexamination.
WAC 434-333-050 Application for certification or examination of modified voting systems or devices.
WAC 434-333-055 Acceptance testing of voting systems and equipment.
WAC 434-333-060 Inclusion of the federal election commission standards for voting equipment.
WAC 434-333-063 Definition of official logic and accuracy test.
WAC 434-333-065 Logic and accuracy test conduct.
WAC 434-333-070 Logic and accuracy test observers.
WAC 434-333-075 Logic and accuracy testing of voting systems and equipment -- State primary and general election.
WAC 434-333-082 Procedure for conduct of delayed primary or general election emergency logic and accuracy test.
WAC 434-333-085 Logic and accuracy test scheduling and preparation -- State primary and general election.
WAC 434-333-090 Logic and accuracy test certification -- State primary and general election.
WAC 434-333-095 Logic and accuracy testing of voting systems and equipment -- Special elections.
WAC 434-333-100 Logic and accuracy test deck preparation -- Special elections.
WAC 434-333-105 Logic and accuracy test scheduling and preparation -- Special election.
WAC 434-333-110 Logic and accuracy test certification -- Special election.
WAC 434-333-120 Logic and accuracy test preparation -- State primary and general election -- Punchcard systems.
WAC 434-333-125 Punchcard test deck maintenance and storage.
WAC 434-333-127 Punchcard adjustment standards and tests.
WAC 434-333-130 Punchcard test precinct selection -- State primary and general elections.
WAC 434-333-135 Punchcard testing requirements prior to official logic and accuracy test.
WAC 434-333-140 Definitions.
WAC 434-333-145 Logic and accuracy test deck preparation -- State primary and general election -- Optical scan systems.
WAC 434-333-150 Optical scan test ballot selection -- State primary and general elections.
WAC 434-333-155 Optical scan read head adjustment standards and tests.
WAC 434-333-160 Optical scan read head and ballot scan area alignment tests.
WAC 434-333-165 Optical scan ballot marking code program test.
WAC 434-333-170 Precinct-based optical scan ballot counter preparation and testing.
WAC 434-333-175 Poll site-based optical scan ballot counter test notices, observers, and log of process.

OTS-7658.5

Chapter 434-335 WAC

ELECTRONIC VOTING REQUIREMENTS


NEW SECTION
WAC 434-335-010   Certification of voting 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 in Washington state. In order for a voting system to be certified in Washington state, it must meet the applicable federal standards, comply with Washington state law, and, except for functions or capabilities unique to Washington state, be certified and used in at least one other state.

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NEW SECTION
WAC 434-335-020   Voting systems review board.   The voting systems review board may review voting systems for certification and make recommendations to the secretary of state based upon those reviews. The voting systems review board includes independent experts in computer science or information technology, recognized experts in election administration, and representatives of the public at large. Members of the voting systems review board are appointed to a two-year term by the secretary of state. The duties of the voting systems review board include, but are not limited to, reviewing an application for certification, as provided in WAC 434-335-090, conducting a public hearing on the application, as provided in WAC 434-335-100, and making recommendations on the application to the secretary of state, as provided in WAC 434-335-110.

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NEW SECTION
WAC 434-335-030   Initial application for certification.   Any person or corporation (applicant) owning or representing a voting system or a vote tabulating system, part of a system, equipment, materials or procedure may apply in writing to the secretary of state for certification December 1st and ending May 30th the following year. Certification examinations and hearings are only conducted between January 1st and July 15th of each year.

(1) The application must include, but is not limited to, the following information:

(a) Description of the applicant, business address, customer references, and list of election products.

(b) Description of the equipment under review, version numbers, release numbers, operating and maintenance manuals, training materials, and technical and operational specifications.

(c) Documentation of all other states that have tested, certified and used the equipment in a binding election, and the length of time used in that state. The information for each state must include the version numbers of the operating system, software, and firmware, the dates and jurisdictions, and any reports compiled by state or local governments concerning the performance of the system.

(d) A monetary deposit as described in WAC 434-335-080.

(e) A copy of a letter from the applicant to each independent testing authority (ITA) which:

(i) Directs the ITA to send a copy of the completed ITA qualification report to the secretary of state;

(ii) Authorizes the ITA to discuss testing procedures and findings with the secretary of state; and

(iii) Authorizes the ITA to allow the secretary of state to review all records of any qualification testing conducted on the equipment.

(f) A technical data package (TDP) conforming to the 2002 FEC Federal Voting Systems Standards (FVSS), Vol. II, Sec. 2 standards that includes:

(i) Identification of all COTS hardware and software products and communications services used in the operation of the voting system (ref. FVSS, 2.2.1.e);

(ii) A system functionality description (ref. FVSS, 2.3);

(iii) A system security specification (ref. FVSS, 2.6);

(iv) System operations procedures (ref. FVSS, 2.8);

(v) System maintenance procedures (ref. FVSS, 2.9);

(vi) Personnel deployment and training requirements (ref. FVSS, 2.10);

(vii) Configuration management plan (ref. FVSS, 2.11);

(viii) System change notes (if applicable, ref. FVSS, 2.13);

(ix) A system change list, if any, of modifications currently in development; and

(x) A system usability testing report.

(2) The source code of an electronic voting system must be placed in escrow and be accessible by the secretary of state under prescribed conditions allowing source code review for system verification.

(3) All documents, or portions of documents, containing proprietary information are not subject to public disclosure. The secretary of state must agree to use proprietary information solely for the purpose of analyzing and testing the system, and to the extent permitted by law, may not use the proprietary information or disclose it to any other person or agency without the prior written consent of the applicant.

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NEW SECTION
WAC 434-335-040   Voting system requirements.   (1) No voting device or its component software may be certified by the secretary of state unless it:

(a) Secures to the voter secrecy in the act of voting;

(b) Permits the voter to vote for any person for any office and upon any measure that he or she has the right to vote for;

(c) Permits the voter to vote for all the candidates of one party or in part for the candidates of one or more other parties;

(d) Correctly registers all votes cast for any and all persons and for or against any and all measures;

(e) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or vote tally system except when voting for President and Vice-President of the United States;

(f) Beginning January 1, 2006, produces a machine countable and human readable paper record for each vote that may be accepted or rejected by the voter before finalizing his or her vote. The paper record of an electronic vote may not be removed from the device by the voter. If the voting device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by the voter; and

(g) Except for functions or capabilities unique to this state, has been tested and approved by the appropriate independent testing authority approved by the United States election assistance commission.

(2) No vote tabulating system may be certified by the secretary of state unless it:

(a) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;

(b) Ignores votes marked for any office or issue where more than the allowable number of votes have been marked, but correctly counts the properly voted portions of the ballot;

(c) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each office, and total votes for and against each ballot measure on the ballot in that precinct; and

(d) Produces precinct and cumulative totals in printed form.

(3) A vote tabulating system must:

(a) Be capable of being secured with lock and seal when not in use;

(b) Be secured physically and electronically against unauthorized access;

(c) Not be connected to, or operated on, any electronic network including, but not limited to, internal office networks, the internet, or the world wide web. A network may be used as an internal, integral part of the vote tabulating system but that network must not be connected to any other network, the internet, or the world wide web; and

(d) Not use wireless communications in any way.

(4) Transfer of information from a remote tabulating system may be made by telephonic transmission only after the creation of a disk, paper tape, or other physical means of recording ballot results.

(5) The source code of electronic voting system software that has been placed in escrow must be identical to the source code of software that has been tested and certified by the federal independent testing authority and installed in the county. The applicant must place in escrow both the human-readable source code and the working or compiled version. The software may be verified by matching the system's digital software signatures with the digital signatures the elections assistance commission has on file, when available.

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NEW SECTION
WAC 434-335-050   Closing an incomplete application.   Upon receipt of an application, the secretary of state examines the application for completeness. If the application is not complete, the secretary of state must notify the applicant in writing of the information required to complete the application. Notification must occur within thirty days of receipt of the application. If all requested information is not received within thirty days of the written notification, the secretary of state deems the application closed. Closure of an application does not prevent the applicant from submitting a new application to the secretary of state.

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NEW SECTION
WAC 434-335-060   Examination of equipment.   Secretary of state staff will initiate an examination of the applicant's equipment after receiving a completed application and a working model of the equipment and software to be reviewed. The examination consists of a series of functional application tests designed to insure that the system or equipment meets all applicable federal guidelines, and state law and rules. The examination may include an additional independent testing authority test at the discretion of the secretary of state. The examination shall include the set-up and conduct of two mock elections. The applicant shall provide ballot materials and programming to create these elections. The independent testing authority will provide the voting system software they tested directly to the secretary of state.

(1) The first election must replicate an even year general election.

(2) The second election must replicate an odd year primary, and include the use of split precincts and precinct election officer contests.

Both elections must feature at least ten precincts, with at least ten ballots in each precinct. The tests must include ballots of various ballot codes, including multiple candidates, cumulative reports, precinct reports, and canvass reports, as detailed in the test plan provided by the secretary of state.

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NEW SECTION
WAC 434-335-070   Additional information and equipment required.   The vendor shall provide a working model of the equipment under review for the duration of the examination. The secretary of state may, at the expense of the applicant, contract with independent testing authorities or laboratories, or experts in mechanical engineering, electrical engineering, or data processing to assist in the examination of the equipment.

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NEW SECTION
WAC 434-335-080   Deposit for examination expenses.   The voting systems review board evaluation must include, but is not limited to:

(1) A review of statutory requirements;

(2) A review of applicable federal standards;

(3) A review of the approved qualification test results released directly to the secretary of state by the federally approved independent testing authority;

(4) If applicable, a review of reports or other materials from prior hearings on the proposed system, procedure, or modification, either in whole or in part;

(5) A review of the report produced by the secretary of state upon completion of the examination of the voting system;

(6) If applicable, a review of any procedures manuals, guidelines, or other materials issued for use with the system;

(7) A review of any effect the application will have on the security of the voting system;

(8) A review of any effect the application will have on the accuracy of the voting system;

(9) A review of any effect the application will have on the ease and convenience with which voters use the system;

(10) A review of any effect the application will have on the timeliness of vote reporting; and

(11) A review of any effect the application will have on the overall efficiency of the voting system.

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NEW SECTION
WAC 434-335-100   Public hearing.   The voting systems review board must conduct a public hearing, scheduled at the convenience of the secretary of state and voting systems review board. At the public hearing, the applicant must demonstrate the equipment and explain its function. The applicant must be available to answer questions from the voting systems review board and the public. The applicant may be asked to submit answers in writing if the voting systems review board is not satisfied with the completeness of answers given at the hearing.

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NEW SECTION
WAC 434-335-110   Voting systems review board report.   Following the review and public hearing, the voting systems review board must issue a report to the secretary of state. The voting systems review board may recommend for or against certification of the voting system under review. The board may also recommend that certification be contingent upon fulfillment of specific conditions or procedures with the purchase or use of the voting system in this state.

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NEW SECTION
WAC 434-335-120   Certification may be conditioned.   Certification of a voting system may be contingent upon fulfillment of additional conditions or procedures.

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NEW SECTION
WAC 434-335-130   Issuance of certification.   Based on the examination of the voting system and the recommendations of the secretary of state staff and the voting systems review board, the secretary of state may issue a certification of the system if the secretary of state determines that the system meets all requirements for certification. The certification must include any conditions or procedures that the secretary of state deems necessary for the system to comply with Washington state law and practice. The secretary of state must notify all county auditors of the certification within thirty days.

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NEW SECTION
WAC 434-335-140   Failure to meet certification requirements.   If the secretary of state determines that the voting system fails to meet any of the requirements for certification, the applicant must be notified and allowed thirty days to submit another version of the voting system. Examination and testing of the new voting system must be conducted as if never before performed by the office of the secretary of state.

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NEW SECTION
WAC 434-335-150   Modification of certified equipment.   After a voting system is certified, any improvements or changes to the system must be submitted to the secretary of state for approval. The secretary of state will determine if the modifications require a recertification of the system or may be approved administratively.

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NEW SECTION
WAC 434-335-160   Modification of certified equipment, guidelines for administrative approval.   The secretary of state may approve an application for modification of certified equipment administratively if the application does not:

(1) Materially affect the lawful conduct, accuracy, efficiency, capacity or security of elections;

(2) Materially affect the convenience to the voter of the elections process; or

(3) Otherwise result in significant modification to existing procedures used in Washington by extending the equipment's functionality.

An application approved administratively does not require examination or review by the voting systems review board.

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NEW SECTION
WAC 434-335-170   Application for administrative approval of modified voting systems or devices.   The application for review of a modification of an existing certified system must include, but is not limited to, the following information:

(1) Description of the applicant.

(2) Description of the equipment under review, the modification, and all version numbers and release numbers.

(3) All changes to the operating and maintenance manuals, training materials, and technical and operational specifications required by the modification.

(4) All certification documents from all other states that have certified the equipment with the modification.

(5) Reports for all tests conducted on the modification by an independent testing authority. The independent authority must meet the criteria established by the election assistance commission for such agents.

(6) Documentation that the modification meets all applicable federal voting equipment guidelines.

(7) A complete description, in operational and technical detail, of all differences between the previously certified equipment or system and the modified equipment or system, prepared by the applicant.

(8) A monetary deposit as described in WAC 434-335-080.

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NEW SECTION
WAC 434-335-180   Recertification of modified voting systems or devices.   If the system, or its components, is found to be sufficiently modified under the guidelines of WAC 434-335-160 that it requires an examination of the equipment by the voting systems review board and a public hearing, the secretary of state must notify the applicant in writing that the applicant must initiate the certification process outlined in WAC 434-335-030 through 434-335-130.

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NEW SECTION
WAC 434-335-190   Restricted period.   No modification, change, or other alteration to voting or vote tabulating system, equipment, or component may receive administrative approval or certification between July 15th and December 31st of the same year.

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NEW SECTION
WAC 434-335-200   Emergency approval.   Emergency approval for a modification of an existing voting or vote tabulating system or equipment may be obtained from the secretary of state during the restricted period if failure to modify the system could materially affect the lawful conduct, efficiency, accuracy, or security of an upcoming election.

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NEW SECTION
WAC 434-335-210   Application information for emergency approval.   During the restricted period, a county auditor may apply in writing to the secretary of state for emergency approval of a modification of an existing certified system. The application must include a complete description of the modification that is required and an explanation of why failure to modify the system materially affects the lawful conduct, efficiency, accuracy, or security of the upcoming election. The application must also explain why the emergency cannot be adequately remedied with procedural processes.

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NEW SECTION
WAC 34-335-212   Temporary approval of emergency modification.   If, after reviewing the application, the secretary of state determines that an emergency exists, the examination and testing of the proposed modification is expedited to meet the needs of the upcoming election. The secretary of state develops a test plan and audit procedures to ensure the modified system does not adversely affect the lawful conduct, efficiency, accuracy, or security of the upcoming elections. The secretary of state may consult with the voting systems review board. The requirement that the modification be certified by an independent testing authority is waived for an emergency approval. An emergency approval of a modification must state the time period it is effective.

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Reviser's note: The section above was filed by the agency as WAC 34-335-212. However, the other rules for the Secretary of State are found in Title 434 WAC. The section above appears to be WAC 434-335-212, but pursuant to the requirements of RCW 34.08.040, it is published in the same form as filed by the agency.
NEW SECTION
WAC 434-335-214   Public notice of emergency approval.   The secretary of state must notify all county auditors of the emergency approval within five days of approval. Such notice shall also be posted to a public forum such as the secretary of state's web site.

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NEW SECTION
WAC 434-335-220   Final approval.   Pursuant to WAC 434-335-150, the applicant must submit to the secretary of state a modification that incorporates a permanent fix to the problem covered by the emergency approval. The modification must be submitted in time to be approved under the normal modification application procedures provided in WAC 434-335-150 through 434-335-180.

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NEW SECTION
WAC 434-335-230   Judicial review of agency action.   Any of the following decisions entered pursuant to this chapter are final decisions of the secretary of state as to which no further review by the agency is available, subject to judicial review pursuant to chapter 34.05 RCW:

(1) The issuance or denial of certification pursuant to WAC 434-335-130;

(2) The issuance or denial of administrative approval of a modification pursuant to WAC 434-335-160;

(3) The issuance or denial of recertification of a modified system or component pursuant to WAC 434-335-180 and 434-335-220.

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NEW SECTION
WAC 434-335-240   Acceptance testing of voting systems and equipment.   Whenever a county auditor acquires a new system or an upgrade to an existing system that has been certified by the secretary of state, the county must perform acceptance tests of the equipment before it may be used to count votes at any election. The equipment must operate correctly, pass all tests, and be substantially the same as the equipment certified by the secretary of state. The minimum testing standards are described as follows:

(1) The model number, version number, release number, and any other number, name or description that identifies the product must be the same as the identifying numbers for the product already certified by the secretary of state.

(2) The county must receive all manuals and training necessary for the proper operation of the system.

(3) For a vote tabulating system, the county must perform a series of functional and programming tests that test all functions of the system. The tests must include processing a substantial number of test ballots of various ballot codes, including split precincts, multiple candidates, precinct committee officer races, cumulative reports, precinct reports, canvass reports, and any other tests the county auditor finds necessary.

(4) The county auditor must certify the results of the acceptance tests to the secretary of state, which must include version numbers of the hardware, software, and firmware installed and tested.

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NEW SECTION
WAC 434-335-250   Inclusion of the Federal Election Commission standards for voting equipment.   The 2002 election assistance commission standards concerning voting systems and software escrow are hereby included by reference except where otherwise modified by these rules and the Revised Code of Washington. After January 1, 2006, in order for a modification of a system that was previously certified according to 1990 Federal Election Commission voting system standards to be administratively approved, the entire voting system must be tested and approved according to the 2002 standards.

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NEW SECTION
WAC 434-335-260   Decertification of voting systems and vote tabulating systems.   (1) The secretary of state may decertify a voting system or vote tabulating system or any component thereof and withdraw authority for its future use or sale in Washington if, at any time after certification the secretary of state determines that:

(a) The system or component fails to meet the standards set forth in applicable federal guidelines or state statutes or rules;

(b) The system or component was materially misrepresented in the certification application; or

(c) The applicant has installed unauthorized modifications to the certified software or hardware.

(2) The secretary of state must provide written notice of intent to decertify to the original applicant or its successor, if known, to all county auditors, and to the public. The notice must specify the reasons why the certification of the system may be rescinded. The applicant or successor or any county auditor may, within thirty days after the issuance of the notice, file with the secretary of state a written explanation as to why the system or component should not be decertified. The secretary of state may extend or shorten the time for filing of a written explanation for good cause. After reviewing the explanation, the secretary of state may either discontinue the decertification process, in which case the system or component remains certified, or schedule a public hearing pursuant to subsection (3) of this section. If no explanation is timely filed, the secretary of state may either discontinue the decertification process or issue a final order pursuant to subsection (4) of this section.

(3) A decertification proceeding shall constitute an adjudicative proceeding pursuant to chapter 34.05 RCW.

(a) The secretary of state adopts the model rules of procedure as set forth in chapter 10-08 WAC, except as they may be inconsistent with this chapter. The proceeding may be conducted as an emergency adjudicative proceeding pursuant to RCW 34.05.479 if the secretary of state finds that immediate action is required to preserve the integrity of the electoral process.

(b) The secretary of state shall designate the presiding officer.

(c) The certification remains valid pending resolution of the administrative proceeding, unless the secretary of state finds, following notice and opportunity for written or oral input, which may be expedited, that the public interest requires that the decertification should take effect on a temporary basis pending hearing.

(d) The argument in favor of decertification may be presented by an employee of the secretary of state or by an assistant attorney general. Other parties may be represented by a certified election administrator or by any person permitted to appear by WAC 434-180-560.

(4) The presiding officer or secretary shall enter an order specifying the system or component at issue, whether or not it is decertified, the effective date of any decertification, and explain the basis for the decision. The effective date of decertification shall not be less than five days after the entry of the order, but may be delayed to any reasonable date. An order issued by the secretary pursuant to subsection (2) of this section is a final order. An order issued by the presiding officer is regarded as an initial order unless the secretary of state, assistant secretary of state, deputy secretary of state, or director of elections presides, in which case the decision of the presiding officer shall be final and no further review is available within the agency.

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NEW SECTION
WAC 434-335-270   Definition of official logic and accuracy test.   As used in this chapter, "official logic and accuracy test" means the test performed in accordance with RCW 29A.12.130.

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NEW SECTION
WAC 434-335-280   Logic and accuracy test conduct.   The county must provide adequate personnel to properly operate the ballot counting equipment. Whenever possible, the equipment should be operated during the test by the same person or persons who will be responsible for the ballot count on election day. If any error in programming or mechanical function is detected, the cause must be determined and corrected, and an errorless test completed before the primary or election.

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NEW SECTION
WAC 434-335-290   Logic and accuracy test observers.   The official logic and accuracy test must 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 must be instructed as election observers by the county auditor. The official logic and accuracy test must be open to candidates, the press, and the public. If any observer hinders or disturbs the logic and accuracy test process, the observer may be removed 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 may not delay or stop the test from being conducted.

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NEW SECTION
WAC 434-335-300   Logic and accuracy testing of voting systems and equipment -- State primary and general election.   At least three days before each state primary or general election, the office of the secretary of state must test the programming of the vote tabulating system to be used at that primary or election. The test must verify that the system will correctly count the votes cast for all candidates and all measures appearing on the ballot. The test must also verify that the machines are functioning to specifications.

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NEW SECTION
WAC 434-335-310   Procedure for conduct of delayed primary or general election emergency logic and accuracy test.   If the official logic and accuracy test cannot be completed at the scheduled time and place, an emergency test must 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 must observe the test and certify the results. Observers and notification must be provided pursuant to WAC 434-335-290 and 434-335-320.

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NEW SECTION
WAC 434-335-320   Logic and accuracy test scheduling and preparation -- State primary and general election.   Prior to each state primary and general election, the office of the secretary of state must prepare a schedule of logic and accuracy tests. The office of the secretary of state must notify each county of the date and time of the test at least thirty days before the primary or election. The county is responsible for preparing the vote tabulating system and testing it before the actual logic and accuracy test. The vote tabulating system must be fully programmed, cleaned, maintained, tested, and functional before the official logic and accuracy test. The county must notify the parties, press, public, and candidates of the date and time of the test.

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NEW SECTION
WAC 434-335-330   Logic and accuracy test certification -- State primary and general election.   The county auditor or deputy, the secretary of state representative, and any political party observers must certify that the test was conducted in accordance with RCW 29A.12.130. This certification must include verification of the version numbers for all software, firmware, and hardware of the voting system used. Copies of this certification must be retained by the secretary of state and the county auditor and may be posted by electronic media. All programming materials, test results, and test ballots must 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 434-335-310.

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NEW SECTION
WAC 434-335-340   Logic and accuracy testing of voting systems and equipment -- Special elections.   At least three days before each special election, the programming for the vote tabulating system to be used at that election must 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 must 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 that has two or more candidates and for each measure, the test must include an undervote and an overvote.

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NEW SECTION
WAC 434-335-350   Logic and accuracy test deck preparation -- Special elections.   When a new test deck is required under WAC 434-335-480, the test deck used for the official logic and accuracy test must be prepared by the county auditor.

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NEW SECTION
WAC 434-335-360   Logic and accuracy test scheduling and preparation -- Special election.   The county auditor is responsible for preparing the vote tabulating system and testing it before the official logic and accuracy test. The vote tabulating system must be fully programmed, cleaned, maintained, tested, and functional before the official logic and accuracy test. The county must notify the parties, press, public, and candidates of the date and time of the test.

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NEW SECTION
WAC 434-335-370   Logic and accuracy test certification -- Special election.   The county auditor or deputy, and any political party observers present must certify that the test has been conducted in accordance with RCW 29A.12.130. Copies of this certification must be retained by the county auditor. All programming materials, official test results, and test ballots must 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 434-335-310.

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PUNCHCARD SYSTEMS
NEW SECTION
WAC 434-335-380   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 must be maintained by the county auditor. Information describing the candidates, offices, ballot formats, ballot positions, pages or planning matrix, prepunches, number of appearances of each office, and all other information required to select the test precincts and predict the results must be provided to the office of the secretary of state by the 20th day prior to the primary or election. If a county is delayed, the county must 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 434-335-390   Punchcard test deck maintenance and storage.   Each county employing a punchcard balloting system must maintain a permanent deck of logic and accuracy test ballots. The test ballots must 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 must be securely stored, except when in use for an actual test.

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NEW SECTION
WAC 434-335-400   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 that 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 ballot counter is properly reading prepunches and voting response areas.

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NEW SECTION
WAC 434-335-410   Punchcard test precinct selection -- State primary and general elections.   Prior to the official logic and accuracy test the office of the secretary of state must review the provided election materials to select a representative sample of precincts and ballot styles sufficient to cover all offices and issues appearing in the election. The representative sample constitutes the official logic and accuracy test, unless conditions warrant the office of the secretary of state to conduct a complete test of every precinct.

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NEW SECTION
WAC 434-335-420   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 must thoroughly test all programming and system components. The test must verify the office programming by thoroughly testing each individual office, the ballot style logic to insure that all offices are included in the intended precincts and combinations, and that the program is accumulating all offices. The county auditor or deputy must 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 434-335-430   Definitions.   For optical scan voting systems:

(1) "Voting response area" means the area on the ballot, as specified in the instructions, in which the voter may place a mark to indicate a vote.

(2) "Scanning area" means the portions of the 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 the ballot intended to identify the ballot style to the ballot counting system.

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NEW SECTION
WAC 434-335-440   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 county's ballot printer applicant. Information describing the candidates, offices, ballot formats, ballot positions, ballot styles, 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, the county must 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 434-335-450   Optical scan test ballot selection -- State primary and general elections.   Prior to the official logic and accuracy test the office of the secretary of state must review the provided election materials with the county and select a representative sample of ballot styles sufficient to cover all offices and issues appearing in the election. If the office of the secretary of state prepares the test deck, the county auditor must send to the secretary of state blank ballots of the selected ballot styles as soon as the ballots are available. The representative sample constitutes the official logic and accuracy test, unless conditions warrant the office of the secretary of state to conduct a complete test of every precinct.

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NEW SECTION
WAC 434-335-460   Optical scan read head adjustment standards and tests.   Prior to each state primary and general election, read heads of optical scan central counting systems must be cleaned and tested to insure that the reader is functioning within system standards.

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NEW SECTION
WAC 434-335-470   Optical scan test ballot scan area alignment tests.   Prior to the official logic and accuracy test, each county employing an optical scan balloting system must conduct a test to confirm that the voting response area printed on the ballot face is aligned properly with the scanning area of the ballot counter. This test must also confirm that the ballot counter is properly interpreting each ballot marking code.

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NEW SECTION
WAC 434-335-480   Optical scan ballot marking code program test.   Prior to the official logic and accuracy test each county employing an optical scan balloting system must thoroughly test all programming and system components. The test must verify the office programming by thoroughly testing each individual office, the ballot style logic to insure that all offices are included on the intended ballot faces, and that the program is accumulating all offices. The county auditor or deputy must 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 434-335-490   Poll site-based optical scan ballot counter preparation and testing.   The logic and accuracy test of a poll site-based optical scan ballot counter must be performed by the county during preparation of the counter prior to distribution. As the ballot counter is programmed and prepared for distribution, a test of the ballot counter and the ballot styles must be performed. This test must establish that the ballot counter is functioning within system standards. All ballot styles programmed for the ballot counter must be processed by the ballot counter in order to insure that it is correctly counting and accumulating every office. The test must also establish that the printed voter response areas are correctly aligned with the scanning area. After all tests are performed and the ballot counter is ready for distribution, the ballot counter must be sealed and the seal number recorded. These tests serve as the official logic and accuracy test of poll site-based optical scan ballot counters.

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NEW SECTION
WAC 434-335-500   Poll site-based optical scan ballot counter test notices, observers, and log of process.   A log must be created during the testing of a poll site-based optical scan ballot counter. The log must record the time and place of each test, the precinct numbers, the seal number, and the machine number of each ballot counter, and the initials of each person testing and each person observing. The log must be included in the official logic and accuracy test materials. The processes described in WAC 434-335-490 are open to observation and subject to all notices and observers pursuant to WAC 434-335-290 and 434-335-320.

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DIRECT RECORDING ELECTRONIC VOTING SYSTEMS
NEW SECTION
WAC 434-335-510   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 a direct recording electronic voting system 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 to allow a voter to access the correct ballot style.

"Parallel monitoring" is a process designed to detect the 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 select a choice by touching the screen.

"Voter verified paper record" is a paper record of a voter's choices. The paper record may be verified by the voter before the vote is cast.

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NEW SECTION
WAC 434-335-520   Logic and accuracy test plan preparation -- State primary and general election -- Direct recording electronic systems.   The test plan used for the official logic and accuracy test prior to a state primary or election for a direct recording electronic system may, at the discretion of the secretary of state, be prepared by either the office of the secretary of state or the county. Information describing the candidates, offices, ballot formats, ballot styles, 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, the county auditor must 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 434-335-530   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 must review the provided election materials to select a representative sample of ballot styles sufficient to cover all offices and issues appearing in the election. The representative sample constitutes the official preelection logic and accuracy test, unless conditions warrant the office of the secretary of state to conduct a complete test of every precinct.

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NEW SECTION
WAC 434-335-540   Direct recording electronic calibration adjustment standards and tests.   Prior to each state primary and election, the calibration settings of each direct recording electronic device using touch screen technology must be tested to insure that the response areas are functioning within system standards.

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NEW SECTION
WAC 434-335-550   Direct recording electronic voting response area tests.   Prior to the official logic and accuracy test, and prior to the programming of the poll-site direct recording electronic devices, each county employing a direct recording electronic balloting system must conduct a test to confirm that the voting response area indicated on each ballot face is programmed correctly. The county must 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 434-335-560   Direct recording electronic ballot marking code program test.   Prior to the official logic and accuracy test, 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 must 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 434-335-570   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 is open to observation and subject to all notices and observers pursuant to WAC 434-335-290 and 434-335-320. The results of the test must be included in the official logic and accuracy test materials and combined with the test results of all other voting systems used by the county to confirm an adequate integration of the systems.

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NEW SECTION
WAC 434-335-580   Poll site-based direct recording electronic voting device preparation and testing.   All logic and accuracy testing of poll site-based direct recording electronic systems must be performed by the county prior to system distribution. A representative from the office of the secretary of state may attend these tests in whole or in part. As each voting device is programmed and prepared for distribution, a test of the response area, ballot styles, and ballot counter must be performed. These tests must establish that the device and the tabulation software is functioning within system standards. The tests must also establish that the voter response areas of each touch screen, if used, are correctly calibrated. These tests must also confirm that all ballot styles appropriate for 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 must be sealed and the seal number recorded. This serves as the official logic and accuracy test of poll site-based direct recording electronic devices.

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NEW SECTION
WAC 434-335-590   Poll site-based direct recording electronic device test notices, observers, and log of process.   A log must be created during the testing of a poll site-based direct recording electronic machine. The log must record the time and place of each test, the precinct numbers, the seal number, and the machine number of each voting device, and the initials of each person testing and each person observing. This log must be included in the official logic and accuracy test materials. The processes described in WAC 434-335-580 are open to observation and subject to all notices and observers pursuant to WAC 434-335-290 and 434-335-320.

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NEW SECTION
WAC 434-335-600   Parallel monitoring test.   Parallel monitoring is conducted on the day of a state primary or election in each county using direct recording electronic voting devices without a voter verified paper record at the poll sites. Before voting begins, one randomly chosen machine must be removed from one percent, rounded up, of the poll sites. Throughout the day, these machines are attended by personnel of the office of the secretary of state, and test votes are cast by individuals selected by the county auditor. The test votes are predetermined in order to compare results at the end of the day. A casting of test votes may be recorded by videotape for verification. All results of the parallel monitoring test are public.

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NEW SECTION
WAC 434-335-610   Parallel monitoring test decks.   The test deck or decks used for the parallel monitoring test are prepared by the office of the secretary of state. Paper ballots sufficient so that all ballot formats are represented 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, the county must advise the office of the secretary of state before the 20th day prior to the primary or election.

Expires January 1, 2006.

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NEW SECTION
WAC 434-335-620   Parallel monitoring test observers.   The parallel monitoring test may 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 must be instructed as election observers by the county auditor. The test is open to candidates, the press, and the public. If any observer hinders or disturbs the parallel monitoring test, the observer may be removed from the test area. An observer who has been removed from a parallel monitoring test may also be barred from future tests. The absence of observers may not delay or stop the test from being conducted.

Expires January 1, 2006.

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NEW SECTION
WAC 434-335-630   Parallel monitoring test certification.   The county auditor or deputy, the secretary of state representative, and any political party observers must certify that the test was conducted in accordance with WAC 434-335-600. This certification must include verification of the version numbers for all software, firmware, and hardware of the voting system used. Copies of this certification must be retained by the secretary of state and the county auditor and may remove that observer from the test results, and test ballots must be securely sealed with the records of the election.

Expires January 1, 2006.

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NEW SECTION
WAC 434-335-640   Post election test.   Following a state primary or election and prior to certification of the election as required by RCW 29A.60.190, a post election logic and accuracy test is conducted on the devices selected for the parallel monitoring test in each county using direct recording electronic voting devices without a voter-verified paper record. The post election logic and accuracy test is substantially the same as the preelection logic and accuracy test conducted pursuant to WAC 434-335-580 through 434-335-590. The county must certify to the state that the test was performed.

Expires January 1, 2006.

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Washington State Code Reviser's Office