BILL REQ. #:  H-0521.1 

Read first time 01/16/13.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to uniform ballot design; and amending RCW 29A.12.101 and 29A.36.111.

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

Sec. 1   RCW 29A.12.101 and 2006 c 207 s 3 are each amended to read as follows:
     The secretary of state shall not approve a vote tallying system unless it:
     (1) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;
     (2) 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;
     (3) 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 issue of the ballot in that precinct;
     (4) Produces precinct and cumulative totals in printed form; and
     (5) Except for functions or capabilities unique to this state, has been tested and certified by an independent testing authority designated by the United States election assistance commission.
     Pursuant to RCW 29A.36.111, the secretary of state must approve only those tallying systems that allow for a vote to be cast by filling in an oval.

Sec. 2   RCW 29A.36.111 and 2009 c 414 s 1 are each amended to read as follows:
     (1) The secretary of state, in conjunction with county auditors, shall develop a uniform ballot format to be used by each county. The format must be implemented by the year 2020.
     (2) Every ballot for a single combination of issues, offices, and candidates shall be uniform within a precinct and shall identify the type of primary or election, the county, and the date of the primary or election, and the ballot or voting device shall contain instructions on the proper method of recording a vote, including write-in votes. Each position, together with the names of the candidates for that office, shall be clearly separated from other offices or positions in the same jurisdiction. The offices in each jurisdiction shall be clearly separated from each other. No paper ballot or ballot card may be marked by or at the direction of an election official in any way that would permit the identification of the person who voted that ballot.
     (((2))) (3) By the year 2020, or upon replacement of vote tallying equipment, whichever occurs first, all ballots for all elections must be designed so that a vote is cast by filling in an oval.
     (4) An ((elections [election])) election official may not enter into or extend any contract with a vendor if such contract may allow the vendor to acquire an ownership interest in any data pertaining to any voter, any voter's address, registration number, or history, or any ballot.
     (5) The secretary of state, in conjunction with the department of enterprise services and in consultation with county auditors, may develop a master contract for vote counting equipment for purchase by local counties.