BILL REQ. #:  S-1780.1 

READ FIRST TIME 02/21/05.   

     AN ACT Relating to requiring poll-site based electronic voting devices to produce paper records; amending RCW 29A.12.080; adding new sections to chapter 29A.44 RCW; adding a new section to chapter 29A.60 RCW; adding a new section to chapter 29A.84 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 29A.44 RCW to read as follows:
     Beginning on January 1, 2006, all poll-site based electronic voting devices shall produce an individual paper record, at the time of voting, that may be reviewed by the voter before finalizing his or her vote. This record may not be removed from the polling place and must be machine readable for counting purposes. If the device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by each voter.

NEW SECTION.  Sec. 2   A new section is added to chapter 29A.44 RCW to read as follows:
     Paper records produced by poll-site based electronic voting devices are subject to all of the requirements of this chapter and chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit to the counting center, and storage. The paper records must be preserved in the same manner and for the same period of time as ballots.

NEW SECTION.  Sec. 3   A new section is added to chapter 29A.44 RCW to read as follows:
     The electronic record produced and counted by poll-site electronic voting devices is the official record of each vote for election purposes. The paper record produced under section 1 of this act must be stored and maintained for use only in the following circumstances:
     (1) In the event of a mandatory manual recount of votes under RCW 29A.64.021;
     (2) In the event of a requested recount under RCW 29A.64.011;
     (3) By order of the county canvassing board;
     (4) By order of a court of competent jurisdiction; or
     (5) For use in the random audit of results described in section 6 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 29A.44 RCW to read as follows:
     A voter voting on a poll-site based electronic voting system may not leave the device during the voting process, except to verify his or her ballot or to request assistance from the precinct election officers, until the voting process is completed.

Sec. 5   RCW 29A.12.080 and 2003 c 111 s 308 are each amended to read as follows:
     No voting device shall be approved by the secretary of state unless it:
     (1) Secures to the voter secrecy in the act of voting;
     (2) 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;
     (3) Permits the voter to vote for all the candidates of one party or in part for the candidates of one or more other parties;
     (4) Correctly registers all votes cast for any and all persons and for or against any and all measures;
     (5) 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; ((and))
     (6) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction; and
     (7) Beginning on January 1, 2006, in the case of a poll-site based electronic voting system, produces a machine-countable paper record for each vote that may be reviewed and accepted or rejected by the voter before finalizing his or her vote, as a part of the voting process. Rejected records must either be destroyed or marked in order to clearly identify the record as rejected.

NEW SECTION.  Sec. 6   A new section is added to chapter 29A.60 RCW to read as follows:
     Before the close of business on the day after election day, the county auditor shall conduct an audit of results of votes cast on the poll-site based electronic voting devices used in the county. This audit must be conducted by randomly selecting by lot, up to four percent of the poll-site based electronic voting devices or one electronic voting device, whichever is greater, and comparing the results recorded by each device with those recorded on the paper records created by that device. Three races or issues, randomly selected by lot, must be audited on each device. Tabulation of paper ballots for purposes of the audit required in this section must be conducted as follows: On one-fourth of the machines selected for audit, the paper records must be tabulated manually; on the remaining machines, the paper records may be tabulated by a mechanical device determined by the secretary of state to be capable of accurately reading the votes cast and printed thereon and qualified for use in the state under applicable state and federal laws. This audit procedure must be subject to observation by political party representatives if representatives have been appointed and are present at the time of the audit.

NEW SECTION.  Sec. 7   A new section is added to chapter 29A.84 RCW to read as follows:
     Anyone who removes a paper record produced by a poll-site based electronic voting system from a polling place without authorization is guilty of a class C felony punishable under RCW 9A.20.021.