H-2225

AN ACT Relating to poll-site ballot counting devices; amending RCW 29.01.042, 29.04.040, 29.48.010, 29.48.080, 29.54.025, 29.54.037, 29.54.050, 29.54.075, and 29.54.085; adding a new section to chapter 29.01 RCW; adding a new section to chapter 29.48 RCW; adding new sections to chapter 29.51 RCW; adding new sections to chapter 29.54 RCW; and repealing RCW 29.48.040, 29.48.050, 29.48.060, 29.51.140, 29.62.060, and 29.62.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 29.01.042 and 1990 c 59 s 4 are each amended to read as follows:

"Counting center" means the facility or facilities designated by the county auditor ((~~in which the canvassing of ballots on a vote tallying system is conducted~~)) to count and canvass mail ballots, absentee ballots, and polling place ballots that are transferred to a central site to be counted, rather than being counted by a poll-site ballot counting device, on the day of a primary or election.

NEW SECTION. Sec. 2. A new section is added to chapter 29.01 RCW to read as follows:

"Poll-site ballot counting device" means a device programmed to accept voted ballots at a polling place for the purpose of tallying and storing the ballots on election day.

Sec. 3. RCW 29.04.040 and 1994 c 57 s 3 are each amended to read as follows:

(1) No paper ballot precinct may contain more than three hundred active registered voters. The county legislative authority may divide, alter, or combine precincts so that, whenever practicable, over-populated precincts shall contain no more than two hundred fifty active registered voters in anticipation of future growth.

(2) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except as permitted under subsection (5) of this section, no precinct boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.

(3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred active registered voters((, but there shall be at least one voting machine or device for each three hundred active registered voters or major fraction thereof when a state primary or general election is held in an even-numbered year)). The number of poll-site ballot counting devices at each polling place is at the discretion of the auditor. The number of devices must be adequate to meet the expected voter turnout.

(4) On petition of twenty-five or more voters resident more than ten miles from any ((~~place of election~~)) polling site, the county legislative authority shall establish a separate voting precinct therefor.

(5) The county auditor shall temporarily adjust precinct boundaries when a city or town annexes ((~~county~~)) unincorporated territory to the city or town. The adjustment shall be made as soon as possible after the approval of the annexation. The temporary adjustment shall be limited to the minimum changes necessary to accommodate the addition of the territory to the city or town and shall remain in effect only until precinct boundary modifications reflecting the annexation are adopted by the county legislative authority.

The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.

The county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts with two hundred fifty active registered voters or less and establish the boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct.

(6) In determining the number of active registered voters for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 shall not be counted. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29.62.090.

Sec. 4. RCW 29.48.010 and 1994 c 57 s 51 are each amended to read as follows:

The county auditor shall provide in each polling place a sufficient number of voting booths or voting devices along with any supplies necessary to enable the voter to mark or register his or her choices on the ballot and within which the voters may cast their votes in secrecy. ((~~Where paper ballots are used for voting, the number of voting booths shall be at least one for every fifty active registered voters in the precinct.~~))

NEW SECTION. Sec. 5. A new section is added to chapter 29.48 RCW to read as follows:

Whenever poll-site ballot counting devices are used, the devices may either be included with the supplies required in RCW 29.48.030 or they may be delivered to the polling place separately. All poll-site ballot counting devices must be sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all seal numbers and device numbers used.

Sec. 6. RCW 29.48.080 and 1965 c 9 s 29.48.080 are each amended to read as follows:

In precincts where ((~~machines~~)) poll-site ballot counting devices are used the election officers, before ((~~unlocking~~)) initializing the ((~~machine~~)) device for voting, shall proceed as follows:

(1) They shall see that the ((~~voting machine~~)) device is placed where it can be conveniently attended by the election officers and conveniently operated by the voters((~~, and where, unless its construction requires otherwise, the ballot labels thereon can be plainly seen by the election officers and the public when not being voted on;~~

~~(2) They shall see that the model is placed where each voter can conveniently operate it and receive instructions thereon as to the manner of voting, before entering the machine booth;~~

~~(3) They shall post one diagram inside the polling room and one outside, in places where the voters can conveniently examine them;~~

(4) They shall see that the lantern or other means provided for giving light is in such condition that the voting machine is sufficiently lighted to enable voters to readily read the names on the ballot labels;

~~(5) They shall see that the ballot labels are in the proper places on the machine~~));

((~~(6)~~)) (2) They shall see whether the number or other designating mark on the device's seal ((~~sealing the machine, also the number registered on the protective counter~~)) agrees with the control number ((~~written on the envelope containing the keys~~)) provided by the elections department. If they do not agree they shall at once notify the ((~~custodian~~)) elections department and delay ((~~unlocking the machine, and opening~~)) initializing the device. The polls ((~~until he has reexamined the machine~~)) may be opened pending reexamination of the device;

((~~(7)~~)) (3) If the numbers ((~~or marks on the envelope containing the keys and upon the machine~~)) do agree, they shall proceed to initialize the device and see whether the public counter ((~~and all the candidate and question counters~~)) registers "000." If ((~~any of~~)) the counter((~~s are~~)) is found to register a number other than "000(("))," one of the judges shall at once ((~~notify the custodian who shall set such~~)) set the counter at "000((;))" and confirm that the ballot box is empty;

(((8) Where voting machines equipped with printed election returns mechanism are used, they shall proceed to operate the mechanism provided to produce one imprinted "before election inspection sheet" showing whether the candidate and question counters register "000". If said sheet has imprinted thereon any numbers below any candidate's name or below any question's designation other than "000" one of the judges shall, after the polls close, under the scrutiny of the other members of the board of election officials, deduct that number from that candidate's or question's total in the space provided for on the return sheet.

After performing their duties as provided in this section, the election officers shall certify thereto in the appropriate places on the statement of canvass as provided thereon. When the polls are declared open, one of the election officers shall break the seal and unlock the machine for voting.))

(4) Before processing any ballots through a poll-site ballot counting device a zero report must be produced. The inspector and at least one of the judges shall carefully verify that zero ballots have been run through the poll-site ballot counting device and that all vote totals for each office are zero. If the totals are not zero, the inspector shall either reset the device to zero or contact the elections department to reset the device and allow voting to continue using the auxiliary or emergency device.

NEW SECTION. Sec. 7. A new section is added to chapter 29.51 RCW to read as follows:

Each poll-site ballot counting device must be programmed to return all blank ballots and overvoted ballots to the voter for private reexamination. The election officer shall take whatever steps are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer shall provide information and instruction on how to properly mark the ballot. The voter may remark the original ballot, may request a new ballot under RCW 29.51.190, or may choose to complete a special ballot envelope and return the ballot as a special ballot.

NEW SECTION. Sec. 8. A new section is added to chapter 29.51 RCW to read as follows:

If a poll-site ballot counting device fails to operate at any time during polling hours, voting must continue, and the ballots must be deposited for later tabulation in a secure ballot compartment separate from the tabulated ballots.

Sec. 9. RCW 29.54.025 and 1990 c 59 s 30 are each amended to read as follows:

(1) The counting center in a county using voting systems shall be under the direction of the county auditor and shall be observed by one representative from each major political party, if representatives have been appointed by the respective major political parties and these representatives are present while the counting center is operating. The proceedings shall be open to the public, but no persons except those employed and authorized by the county auditor may touch any ballot or ballot container or operate a vote tallying system.

(2) In counties in which ballots are not counted at the polling place, the political party observers, upon mutual agreement, may request that a precinct be selected at random on receipt of the ballots from the polling place and that a manual count be made of the number of ballots and of the votes cast on any office or issue. The ballots for that precinct shall then be counted by the vote tallying system, and this result shall be compared to the results of the manual count. This may be done as many as three times during the tabulation of ballots on the day of the primary or election.

(3) In counties using poll-site ballot counting devices, the political party observers, upon mutual agreement, may choose as many as three precincts and request that a manual count be made of the number of ballots and the votes cast on any office or issue. The results of this count will be compared to the count of the precinct made by the poll-site ballot counting device. These selections must be made no later than thirty minutes after the close of the polls. The manual count must be completed within forty-eight hours after the close of the polls. The process must take place at a location designated by the county auditor for that purpose. The political party observers must receive timely notice of the time and location, and have the right to be present. However, the process must proceed as scheduled if the observers are unable to attend.

Sec. 10. RCW 29.54.037 and 1990 c 59 s 31 are each amended to read as follows:

(1) At the direction of the county auditor, a team or teams composed of a representative of ((~~each~~)) at least two major political ((~~party~~)) parties shall stop at designated polling places and pick up the sealed containers of voted, untallied ballots for delivery to the counting center. There may be more than one delivery from each polling place. Two precinct election officials, ((~~one~~)) representing ((~~each~~)) two major political ((~~party~~)) parties, shall seal the voted ballots in containers furnished by the county auditor and properly identified with his or her address with uniquely prenumbered seals.

(2) At the counting center or the collection stations where the sealed ballot containers are delivered by the designated representatives of the major political parties, the county auditor or a designated representative of the county auditor shall receive the sealed ballot containers, record the time, date, precinct name or number, and seal number of each ballot container.

NEW SECTION. Sec. 11. A new section is added to chapter 29.54 RCW to read as follows:

The programmed memory pack for each poll-site ballot counting device must be sealed into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown, the memory pack must remain sealed in the device until after the polls have closed and all reports and telephonic or electronic transfer of results are completed. After all reporting is complete the precinct election officers responsible for transferring the sealed voted ballots under RCW 29.54.075 shall ensure that the memory pack is returned to the elections department. If the entire poll-site ballot counting device is returned, the memory pack must remain sealed in the device. If the poll-site ballot counting device is to remain at the polling place, the precinct election officer shall break the seal on the device and remove the memory pack and seal and return it along with the irregularly voted ballots and special ballots to the elections department on election day.

NEW SECTION. Sec. 12. A new section is added to chapter 29.54 RCW to read as follows:

After the close of the polls, counties employing poll-site ballot counting devices may telephonically or electronically transmit the accumulated tally for each device to a central reporting location. Before making a telephonic or electronic transmission the precinct election officer must create a printed record of the results of the election for that poll site. During the canvassing period the results transmitted telephonically or electronically must be considered unofficial until a complete reconciliation of the results has been performed. This reconciliation may be accomplished by a direct loading of the results from the memory pack into the central accumulator, or a comparison of the report produced at the poll site on election night with the results received by the central accumulating device.

Sec. 13. RCW 29.54.050 and 1990 c 59 s 56 are each amended to read as follows:

A ballot is invalid and no votes on that ballot may be counted if it is found folded together with another ballot((;)) or((~~, except for an absentee ballot,~~)) it is marked so as to identify the voter.

Those parts of a ballot are invalid and no votes may be counted for those issues or offices where more votes are cast for the office or issue than are permitted by law; write-in votes do not contain all of the information required under RCW ((~~29.51.170~~)) 29.62.180; or that issue or office is not marked with sufficient definiteness to determine the voter's choice or intention. No write-in vote may be rejected due to a variation in the form of the name if the election board or the canvassing board can determine the issue for or against which or the person and the office for which the voter intended to vote.

Sec. 14. RCW 29.54.075 and 1990 c 59 s 59 are each amended to read as follows:

Immediately after their tabulation, all ballots ((~~shall~~)) counted at a ballot counting center must be sealed in containers that identify the primary or election and be retained for at least sixty days. All ballots tallied by poll-site ballot counting devices must be returned to the elections department in sealed ballot containers on election day. Counties composed entirely of islands or portions of counties composed of islands shall collect the ballots within twenty-four hours of the close of the polls.

Ballots tabulated in poll-site ballot counting devices must be sealed by two of the election precinct officers at the polling place, and a log of the seal and the names of the people sealing the container must be completed. One copy of this log must be retained by the inspector, one copy must be placed in the ballot transfer case, and one copy must be transported with the ballots to the elections department, where the seal number must be verified by the county auditor or a designated representative. Ballots may be transported by one election employee if the container is sealed at the poll and then verified when returned to the elections department. Auditors using poll-site ballot counting devices may conduct early pickup of counted ballots on election day.

In the presence of major party observers who are available, ballots may be removed from the sealed containers at the elections department and consolidated into one sealed container for storage purposes. The containers may only be opened by the canvassing board as part of the canvass, or to conduct recounts, or under RCW 29.54.025(3), or by order of the superior court in a contest or election dispute. If the canvassing board opens a ballot container, it shall make a full record of the additional tabulation or examination made of the ballots. This record shall be added to any other record of the canvassing process in that county.

Sec. 15. RCW 29.54.085 and 1990 c 59 s 33 are each amended to read as follows:

(1) The ballots picked up from the precincts during the polling hours may be counted only at the counting center before the polls have closed. Election returns from the count of these ballots must be held in secrecy until the polls have been closed as provided by RCW 29.54.018.

(2) Upon breaking the seals and opening the ballot containers from the precincts, all voted ballots shall be manually inspected for damage, write-in votes, and incorrect or incomplete marks. If it is found that any ballot is damaged so that it cannot properly be counted by the vote tallying system, a true duplicate copy shall be made of the damaged ballot in the presence of witnesses and substituted for the damaged ballot. All damaged ballots shall be kept by the county auditor until sixty days after the primary or election.

(3) The returns produced by the vote tallying system, to which have been added the counts of questioned ballots, write-in votes, and absentee votes, constitute the official returns of the primary or election in that county.

NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:

(1) RCW 29.48.040 (Additional supplies for voting machines) and 1965 c 9 s 29.48.040;

(2) RCW 29.48.050 (Receipt for key to voting machine) and 1965 c 9 s 29.48.050;

(3) RCW 29.48.060 (Posting of instructions) and 1965 c 9 s 29.48.060;

(4) RCW 29.51.140 (Mechanical voting devices--When all voters do not vote on all offices) and 1990 c 59 s 44 & 1965 c 9 s 29.51.140;

(5) RCW 29.62.060 (Recanvass of machine votes--Notice--Representation--Relocking) and 1965 c 9 s 29.62.060; and

(6) RCW 29.62.070 (Recanvass of machine votes--Procedure to test counting mechanism--Statement) and 1965 c 9 s 29.62.070.