H-3881              _______________________________________________

                                                   HOUSE BILL NO. 2775

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

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

Read first time 1/19/90 and referred to Committee on State Government.

AN ACT Relating to voting equipment; and adding a new section to chapter 29.04 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 29.04 RCW to read as follows:

          (1) Beginning January 1, 1993, no voting device or machine may be used in a county of the second class or larger to conduct a primary or general or special election in this state unless it correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election.

          (2) Beginning January 1, 1993, the secretary of state shall not certify under this title any voting device or machine for use in conducting a primary or general or special election in this state unless the device or machine correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election.

          (3) Beginning January 1, 1993, a county of the third class or smaller may use a voting machine or device for conducting a primary or general or special election which does not record on a separate ballot, available for audit purposes after the primary or election, the votes cast by each elector for any person and for or against any measure if:

          (a) The device was certified under this title before January 1, 1993, for use in this state;

          (b) The device otherwise satisfies the requirements of this title; and

          (c) Not more than twenty percent of the votes cast during any primary or general or special election conducted after January 1, 1998, in the county are cast using such a machine or device.

          (4) The purpose of subsection (3) of this section is to permit less populous counties to replace voting equipment in stages over several years.  These less populous counties are, nonetheless, encouraged to secure as expeditiously as possible voting equipment which would satisfy the requirements of subsection (1) of this section established for more populous counties.  The secretary of state shall report to the legislature by January 1st of each odd-numbered year through 1997 on the progress of such less populous counties in replacing equipment which does not satisfy the requirements of subsection (1) of this section established for more populous counties.