WSR 06-14-048

PERMANENT RULES

SECRETARY OF STATE


(Elections Division)

[ Filed June 28, 2006, 9:53 a.m. , effective July 29, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The rules outline procedures regarding voting equipment, such as conducting logic and accuracy tests and voters leaving the polling place without casting their ballots on DRE devices.

Citation of Existing Rules Affected by this Order: Amending WAC 434-253-080, 434-253-110, 434-335-320, 434-335-330, 434-335-440 and 434-335-520.

Statutory Authority for Adoption: RCW 29A.04.611.

Adopted under notice filed as WSR 06-10-076 [06-10-072] on May 2, 2006.

Changes Other than Editing from Proposed to Adopted Version: WAC 434-335-330 was amended to clarify that certifications must include verification that the version numbers have not changed since the version was certified.

WAC 434-335-445 was amended to provide further direction. It states each ballot style must be tested, and if an alternate marking pattern is used, it must be approved by the secretary of 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 6, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 2, Amended 6, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 28, 2006.

Steve Excell

Assistant Secretary of State

OTS-8819.1


AMENDATORY SECTION(Amending WSR 05-24-040, filed 11/30/05, effective 12/31/05)

WAC 434-253-080   Voter leaving polling place ((without voting)) prior to casting ballot.   (1) Whenever it is noted by a precinct election officer that a voter has been issued a ballot and leaves a polling place without returning the ballot, a notation shall be made in the poll book or list along with the ballot stub number of the ballot issued.

(2)(a) If a ballot on a direct recording electronic device has not been cast but has been printed by the voter, ((the)) two precinct election officers ((must:

(1) Cancel the ballot to ensure the ballot is not counted;

(2) Make a mark on the paper record to indicate the ballot has been canceled; and

(3) Make a notation in the poll book to indicate which direct recording electronic device was used to cancel the ballot)), preferably representing different political parties, may cast the ballot.

(b) If a ballot on a direct recording electronic device has not been printed nor cast by the voter, a precinct election officer must cancel the ballot and make a corresponding notation in the accountability form.

[Statutory Authority: RCW 29A.04.611. 05-24-040, 434-253-080, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-253-080, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-53-080, filed 6/2/92, effective 7/3/92.]


AMENDATORY SECTION(Amending WSR 05-24-040, filed 11/30/05, effective 12/31/05)

WAC 434-253-110   Examination of voting devices.   ((At least once every hour)) While the poll booths are open, precinct election officers shall examine the voting devices, poll booths, printed materials within the poll booths, and paper printers or paper canisters attached to direct recording electronic devices to ensure that they have not been tampered with and are in proper working condition. Precinct election officers must also monitor for instances where voters using a direct recording electronic device have left the polling place without casting their ballots. At polling places other than the courthouse, there must be one precinct election officer dedicated to monitoring the voting devices.

(1) If any seal or lock on a direct recording electronic device ((or)), including seals for the paper printer or paper canister, has been broken or tampered with, the direct recording electronic device and paper printer must be removed from service for the remainder of the election. The direct recording electronic device and paper printer must be transferred pursuant to WAC 434-253-115 (1)(b). A written report regarding the circumstances of the removal from service must be sent to the county canvassing board.

(2) Precinct election officers must replace any printed materials that were to remain in the poll booth if they have been defaced, removed, or destroyed.

(3) If a paper printer for a direct recording electronic device has malfunctioned or run out of paper, it must be handled pursuant to WAC 434-253-115.

(4) If a voter has voted and left the polling place without casting his or her ballot, it must be handled in accordance with WAC 434-253-080.

[Statutory Authority: RCW 29A.04.611. 05-24-040, 434-253-110, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, 434-253-110, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as 434-253-110, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-53-110, filed 6/2/92, effective 7/3/92.]

OTS-8820.1


NEW SECTION
WAC 434-257-140   Contingency plans for disability access units.   For each polling place in which a disability access unit is available for use, county auditors must have a contingency plan to accommodate voters wishing to use the unit should it malfunction or be removed from service in accordance with WAC 434-253-110.

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OTS-8821.2


AMENDATORY SECTION(Amending WSR 05-18-022, filed 8/29/05, effective 9/29/05)

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.

[Statutory Authority: RCW 29A.04.611. 05-18-022, 434-335-320, filed 8/29/05, effective 9/29/05.]


AMENDATORY SECTION(Amending WSR 05-18-022, filed 8/29/05, effective 9/29/05)

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)) that the version numbers for all software, firmware, and hardware of the voting system used have not changed from the certified versions. 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)) kept in secure storage employing the use of numbered seals and logs or other security measures that will detect any inappropriate access to the materials 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.

[Statutory Authority: RCW 29A.04.611. 05-18-022, 434-335-330, filed 8/29/05, effective 9/29/05.]


AMENDATORY SECTION(Amending WSR 05-18-022, filed 8/29/05, effective 9/29/05)

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.)) The county is responsible for preparing and testing the vote tabulating system prior to the official logic and accuracy test. This pretesting must be completed prior to using the equipment to process ballots. Information describing the candidates, offices, ((ballot formats, ballot positions,)) ballot styles, number of appearances of each office, method used to mark the test deck, a copy of the anticipated results, and all other information required to create the test decks must be ((available)) sent 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.

[Statutory Authority: RCW 29A.04.611. 05-18-022, 434-335-440, filed 8/29/05, effective 9/29/05.]


NEW SECTION
WAC 434-335-445   The preparation of logic and accuracy test decks.   Each county shall produce a test deck of ballots to be used in the pretest and the official logic and accuracy test to verify that the vote tabulating system is programmed to correctly count the ballots.

When a race has five or fewer candidates, the pattern to mark the test deck shall begin by giving the first candidate in each race one vote, the second candidate in each race two votes, the third candidate in each race three votes, etc. When a race has more than five candidates the pattern may be repeated. Once the pattern is completed for each race and issue, each remaining ballot style must be tested by using at least one ballot that has a first choice marked for each race and issue. Another pattern may be used if it meets the requirements outlined in this section and is approved by the secretary.

The test deck must also test that the vote tabulating system is programmed to accurately count write-in votes, overvotes, undervotes, and blank ballots. In addition, if ballot on demand systems will be used during the election, the test deck must also include a sampling of ballots printed from the ballot on demand system.

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AMENDATORY SECTION(Amending WSR 05-18-022, filed 8/29/05, effective 9/29/05)

WAC 434-335-520   Logic and accuracy test plan preparation -- State primary and general election -- ((Direct recording electronic systems)) Disability access units.   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)) disability access units must be prepared by the county in the same manner as for optical scan ballots. The official testing must be completed before a direct recording device may be used for casting ballots. Counties must complete the testing to have in-person disability access voting available starting twenty days before the day of a primary or election. 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)) sent 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.

[Statutory Authority: RCW 29A.04.611. 05-18-022, 434-335-520, filed 8/29/05, effective 9/29/05.]

Washington State Code Reviser's Office