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                                                   HOUSE BILL NO. 2775

                        _______________________________________________

                                                           AS AMENDED BY THE SENATE

 

                                                                            C 184 L 90

 

 

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; amending RCW 43.135.060; 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.

 

        Sec. 2.  Section 6, chapter 1, Laws of 1980 and RCW 43.135.060 are each amended to read as follows:

          (1) The legislature shall not impose responsibility for new programs or increased levels of service under existing programs on any taxing district unless the districts are reimbursed for the costs thereof by the state.

          (2) That proportion of state tax revenue which consists of direct state appropriations to taxing districts taken as a group shall not be decreased below that proportion appropriated in the biennium immediately preceding January 1, 1980:  PROVIDED, This proportion shall be decreased in any fiscal year only if:  (a) The legislature decreases the state tax revenue limit for that fiscal year by an amount equal to the dollar amount of any decrease in direct state appropriations to taxing districts taken as a whole; or (b) the state tax revenue limit has been increased under RCW 43.135.050(3) or 43.135.060(3) and the decrease of the proportion is commensurate with the increase in the state tax revenue limit.

          (3) If by order of any court, or legislative enactment, the costs of a federal or taxing district program are transferred to or from the state, the otherwise applicable state tax revenue limit shall be increased or decreased, as the case may be, by the dollar amount of the costs of the program.

          (4) The legislature, in consultation with the office of financial management or its successor agency, shall determine the costs of any new programs or increased levels of service under existing programs imposed on any taxing district or transferred to or from the state.

          (5) Subsection (1) of this section does not apply to the costs incurred for voting devices or machines under section 1 of this act.


                                                                                                                           Passed the House March 6, 1990.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                           Passed the Senate March 2, 1990.

 

                                                                                                                                       President of the Senate.