HOUSE BILL REPORT

HB 2775

As Amended by the Senate

BYRepresentatives McLean, R. Fisher, Miller, Ebersole, Holland, Bennett, Wolfe, Wang, Betrozoff, Todd, Anderson, Pruitt, R. Meyers, D. Sommers, Wood, Wineberry and Hankins

Prohibiting the use of voting machines that do not record votes on separate ballots.

House Committe on State Government

Majority Report:  Do pass.  (8)

      Signed by Representatives Todd, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; R. Fisher, Hankins, Morris, O'Brien and Silver.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 7, 1990

BACKGROUND:

The Election Code permits only approved voting machines, voting devices, or vote tallying systems to be used for conducting elections in this state.  The code authorizes the secretary of state to examine such equipment for approval and provides requirements that the equipment must satisfy for approval.  Among these are specific standards for approving lever-operated voting machines.

SUMMARY:

A new standard is established for voting equipment.  Beginning January 1, 1993, no voting device or machine may be used to conduct a primary or election unless it correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure.  The ballots must also be available for audit purposes after the primary or election.  This prohibition applies to counties of the second class and larger.

Equipment that does not satisfy this standard may be used in less populous counties after January 1, 1993, under the following circumstances:  (1) the equipment was approved for use in this state before January 1, 1993, (2) the equipment otherwise satisfies the requirements of the Election Code, and (3) not more than 20 percent of the votes cast during a primary or election conducted in the county after January 1, 1998, are cast using such equipment. These less populous counties are encouraged to replace such equipment with equipment that would satisfy this standard.  The secretary of state must report to the Legislature by January 1 of each odd-numbered year through 1997 on the progress of the less populous counties in replacing equipment that does not satisfy this standard.

Beginning January 1, 1993, the secretary may not approve for use in this state any voting machine or device that does not satisfy this standard.

EFFECT OF SENATE AMENDMENTS:  The amendments exempt from the provisions of Initiative 62, regarding costs imposed by the Legislature on taxing districts without reimbursement, the costs for voting devices or machines incurred in complying with the bill.

Fiscal Note:      Requested January 24, 1990.

House Committee ‑ Testified For:    Representative Alex McLean.

House Committee - Testified Against:      Ted Fix; Eleanora Ballasiotes; Louise Batchelor; Frank Rogers; Katherine Skrinar; and John Berry.

House Committee - Testimony For:    Lever-operated machines are old and prone to providing incorrect tabulations.

House Committee - Testimony Against:      (1) Lever-operated machines have a working life of 20 to 30 years, they are used widely throughout the nation, and replacement parts are still being manufactured for them.  They are not archaic.  (2) Passing state legislation banning the use of lever-operated machines overturns the outcome of two ballot measure campaigns in Pierce County.  It usurps local control over this issue.  (3) Precinct results should be determined in the polling place.  Ballots should not be taken elsewhere to be counted.  (4) Procedures to be used in conducting elections using punch-card systems are voluntary.  The procedures should be mandatory.

VOTE ON FINAL PASSAGE:

      Yeas 81; Nays 16; Absent 1

Voting Nay: Representatives Brooks, Brough, Dorn, Doty, Fuhrman, Gallagher, Grant, Heavey, Jesernig, Nealey, Padden, Rasmussen, Tate, Walker, Winsley, Wolfe.

Absent:     Representative Braddock.