HOUSE BILL REPORT

HB 2008

BYRepresentative R. Fisher 

Revising laws on ballots and voting systems.

House Committe on State Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, Rector, Sayan and Silver.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON STATE GOVERNMENT MARCH 1, 1989

BACKGROUND:

The Election Code provides detailed instructions for designing the layout for ballots to be used when voting by paper ballot, voting machine, or voting device. Procedures specifically tailored to the use of each of these means of voting are prescribed by the Code.  Procedures to be used in tallying votes and sealing and transporting containers of voted ballots are also prescribed by the Code.

The Secretary of State is authorized, within certain guidelines established by law, to examine and test voting equipment.  Counties may use only voting equipment certified as being approved for use in this state.

SUMMARY:

SUBSTITUTE BILL:  The terms "ballot," "voting system," "voting device," and "vote tallying system" are given more general definitions and the provisions of the Election Code specifying the testing and layout of these items and the procedures to be followed in using them are consolidated and made more general in nature.  The authority of the Secretary of State to establish rules regarding such testing, layout, and procedures is expanded.

Authority of the Secretary.  The Secretary of State must adopt rules to establish standards for: the design and production of ballots, testing the programming of vote tallying software for specific elections, the preparation and use of each type of voting system, procedures to be used at counting centers using tallying systems, and the accurate tabulation and canvassing of ballots.  The Secretary must also adopt rules to ensure the secrecy of a voter's ballot when a small number of ballots are counted and rules governing the transportation of sealed containers of voted ballots or sealed voting devices.  The Secretary may by rule provide exceptions to the general requirement that the tabulation of ballots at a polling place or counting center proceed, on an election or primary day, until all of the ballots cast at the polls have been tabulated.  The Secretary must publish proposed implementing rules by December 15, 1990.

Within certain standards established by law, the Secretary must also provide for the examination and testing of voting systems for certification for use in this state. Except for functions or capabilities unique to this state, the Secretary may not certify for use in Washington a voting device or vote tallying system which has not been tested, certified, and used in at least one other state or election jurisdiction.  The Secretary may rely on the results of independent design, engineering, and performance evaluations in the examination of voting systems if the source and scope of these evaluations are specified by rule.  A system which is purchased or leased by a county must pass an acceptance test prescribed by the Secretary by rule to demonstrate that it is identical to that certified by the Secretary and that it is operating correctly as delivered to the county.  Provisions of current law are repealed which permit auditors to receive from the Secretary, free of charge, manuals of recommended procedures for operating vote tallying systems and provisions permitting them to secure certain assistance from vendors.

The Secretary may contract with experts in examining voting systems rather than employing not more than three such experts for these examinations.  The provisions of current law requiring the manufacturer of the system to reimburse the Secretary for the costs of the examination is altered.  The distributor of the system may also reimburse the Secretary for these costs.

Ballot Format.  The provisions of law specifying many of the details regarding the layout of and printing on ballots are repealed.  The provisions listing the order of the candidates in a primary or election are retained although the placement of the names of candidates for the office of Superintendent of Public Instruction is altered.  These candidates are now to be listed near the candidates for other state-wide offices.  The detailed samples of ballot formats for recall ballots and for ballots convening a convention to ratify a U.S. Constitutional amendment are repealed.

Each position for an office which has multiple positions must be numbered. Except for positions on the state's Supreme Court, the number assigned to a position at the last full-term election held for the position must be used whenever possible.  These position numbers must be assigned 30 days (rather than 10 days, as under current law) before the filing period for the office.  Provisions of law providing for the canvassing of votes for multiple, unnumbered positions of an office at a single election are repealed as are provisions requiring the rotation on ballots of names of candidates for freehold positions.  The Secretary must adopt rules regarding the preparation of sample ballots by class AA counties.

Polling Place Procedures.  Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or device is a misdemeanor.  Provisions of law are repealed which prohibit a voter from remaining in a voting machine booth more than 2 minutes or in a voting compartment more than 5 minutes unless no other voters are waiting to vote. Precinct election officers may provide assistance to any voter who requests it.  Although a voter may take materials into a voting booth to assist the voter, the voter may not use the material to electioneer and may not leave it at the polls.

Sealed containers of voted ballots may be picked up from a polling place for delivery to a counting center more than once during a primary or election (rather than once before the closing of the polls but after 2:00 p.m. and once after the closing of the polls, as under current law).  Unused ballots must be identified as such and returned to the auditor rather than, as under current law, being destroyed at the polling place.

Provisions of law are repealed which: require the stringing of paper ballots for the canvass; prohibit the counting of paper ballots during polling hours unless at least 10 ballots are to be counted; specify the procedures to be used if a voting machine is found to be defective during polling hours; require returns to be sent by certified mail to the county auditor and impose a misdemeanor penalty of $5 to $15 for failing to do so; require the keeping of two sets of poll lists and related material; establish the forms of the oaths to be signed and sent with counted ballots; and require the posting of unofficial returns.

Other.  The length of time given to the Secretary of State for certifying the names of candidates for placement on primary or election ballots is shortened.  An election official may limit the number of observers during a recount under certain circumstances.  Although instruction is still required for precinct election officials and persons working in counting centers, certificates of instruction are no longer required.

Provisions of the Election Code are repealed which: require local governments to certify to the auditor the list of offices to be voted on and require the Governor to issue a proclamation regarding the state-wide offices to be voted on; require the retesting of vote tallying equipment just before the equipment is used to count votes; refer to voting at elections for which registration is not required; and prescribe certain methods for transporting sealed containers of voted ballots.

County auditors may hire persons to prepare and maintain voting systems. Repealed is a requirement that custodians of voting machines be selected from political parties in certain instances.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Added by the substitute bill are the provisions:  requiring the Secretary to adopt rules regarding the counting of a small number of ballots and regarding the transportation of voted ballots and sealed devices; authorizing the Secretary to adopt rules concerning sample ballots in class AA counties and identifying exceptions to the general rule that votes must be tabulated continuously until all votes cast at the polls have been counted; prohibiting a voter from using materials, brought into the polling booth by the voter for assistance, for electioneering and requiring the voter to remove those materials upon leaving; and requiring position numbers for offices to be assigned at least 30 days before the filing period for the office.  The substitute bill also reinstates provisions of current law which:  establish the ballot format for tax levy issues, and require that only approved voting devices and systems be used by counties.  The substitute bill establishes the requirement that the Secretary publish proposed implementing rules by December 15, 1990, and postpones the effective date of most of the provisions of the bill by six months.

Fiscal Note:      Requested February 22, 1989.

Effective Date:The provisions of the bill, except those authorizing the Secretary of State to adopt certain implementing rules, take effect on July 1, 1991.

House Committee ‑ Testified For:    Don Whiting, Office of the Secretary of State.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill is the product of an Election Code Task Force (made up of county auditors, representatives of the Secretary of State, and four legislators).  It takes much of the procedural details regarding ballot formats and tabulation out of the statutes and requires the Secretary of State to establish these details by rule.  It also permits the consolidation of procedures found in three separate chapters of the Election Code.  The bill will permit the Secretary to use the new election equipment standards formulated by the Federal Elections Commission and allows procedures to be established for voting devices whose design and development were not anticipated by the current Code.

House Committee - Testimony Against:      None Presented.