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SENATE
BILL 6398
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Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 01/16/98. Referred to Committee on Government Operations.
Regulating voting system tests.
AN
ACT Relating to testing of voting systems; and amending RCW 29.33.145,
29.33.350, and 29.33.360.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
29.33.145 and 1990 c 59 s 23 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 acceptance test ((prescribed
by the secretary of state)) sufficient to demonstrate that the equipment is
((identical to)) the same as that certified by the secretary of
state and that the equipment is operating correctly as delivered to the county.
Sec.
2. RCW
29.33.350 and 1990 c 59 s 32 are each amended to read as follows:
At
least three days before each state primary or general election, the office
of the secretary of state shall provide for the conduct of tests of the
programming for each vote tallying system to be used at that primary or general
election ((shall be tested by the office of the secretary of state to)).
The test must verify that the system will correctly count the vote cast for
all candidates and on all measures appearing on the ballot at that primary or general
election. The ((tests shall be conducted by processing a preaudited group
of ballots marked with a predetermined number of ballot votes for each
candidate and for and against each measure. For each office for which there
are two or more candidates and for each issue, the group of test ballots shall
include one or more ballots which have votes in excess of the number allowed by
law, in order to verify the ability of the vote tallying system to reject such
votes)) office of the secretary of state shall adopt rules specifying
the manner of conducting these programming tests. The test shall verify
the capability of the vote tallying system to perform all of the functions that
can reasonably be expected to occur during conduct of that particular primary
or election. If any error is detected, the cause shall be determined and
corrected, and an errorless total shall be produced before the primary or
election.
Such
tests shall be observed by at least one representative from each major
political party, if representatives have been appointed by the respective major
political parties and are present at the test, and shall be open to candidates,
the press, and the public. The ((secretary of state, the)) county
auditor((,)) and any political party observers shall certify that the
test has been conducted in accordance with this section. Copies of this
certification shall be retained by the secretary of state and the county
auditor. All programming materials, test results, and test ballots shall be
securely sealed until the day of the primary or general election.
Sec.
3. RCW
29.33.360 and 1990 c 59 s 34 are each amended to read as follows:
The
secretary of state ((shall)) may publish ((manuals of))
recommended procedures for the operation of the various vote tallying systems
that have been approved. These ((manuals shall contain any applicable rules
and statutes relating to the printing of ballots and preparation and testing of
the various vote tallying systems, the duties and functions of the precinct
election officers, and the duties and functions of the counting center
personnel and operators of vote tallying systems at counting centers)) procedures
allow the office of the secretary of state to restrict or define the use of
approved systems in elections.
Passed the Senate February 12, 1998.
Passed the House March 3, 1998.
Approved by the Governor
March 18, 1998.
Filed
in Office of Secretary of State March 18, 1998.
