WSR 00-05-094

PROPOSED RULES

SECRETARY OF STATE


[ Filed February 16, 2000, 9:00 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-018.

Title of Rule: Logic and accuracy tests.

Purpose: To define when an emergency logic and accuracy test should be conducted.

Other Identifying Information: WAC 434-334-090, 434-334-110, 434-334-127, 434-334-140, 434-334-160, and 434-334-165.

Statutory Authority for Adoption: RCW 29.33.350.

Statute Being Implemented: RCW 29.33.350.

Summary: Amends existing rules by establishing criteria for performing and emergency logic and accuracy test.

Reasons Supporting Proposal: To clarify the existing rules.

Name of Agency Personnel Responsible for Drafting: Pamela Floyd, 1007 South Washington Street, Olympia, (360) 664-3442; Implementation and Enforcement: David Elliott, 1007 South Washington Street, Olympia, (360) 586-8425.

Name of Proponent: Office of the Secretary of State, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This change will specify the circumstances that make an emergency logic and accuracy test applicable.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Second Floor, 1007 South Washington Street, Olympia, WA 98504, on March 21, 2000, at 10:15 a.m.

Assistance for Persons with Disabilities: Contact David Elliott by March 20, 2000, TDD (800) 422-8683.

Submit Written Comments to: David Elliott, P.O. Box 40237, Olympia, WA 98504-0237, fax (360) 664-2971, by March 20, 2000.

Date of Intended Adoption: April 18, 2000.

February 16, 2000

Donald F. Whiting

Assistant Secretary of State

OTS-3491.1


AMENDATORY SECTION(Amending WSR 99-08-115, filed 4/7/99, effective 5/8/99)

WAC 434-334-090
Logic and accuracy test certification -- State primary and general election.

The county auditor or deputy, and, if present, the office of the secretary of state representative and any political party observers shall certify that the test has been conducted in accordance with RCW 29.33.350. Copies of this certification shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots shall be securely sealed until the day of the primary or election. These items may be sealed and stored separately.

If, for any reason, any changes are made to the ballot counting programming after the official logic and accuracy test, an emergency logic and accuracy test must be conducted pursuant to WAC 434-334-082.

[Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-090, filed 4/7/99, effective 5/8/99. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-334-090, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-34-090, filed 6/2/92, effective 7/3/92.]


AMENDATORY SECTION(Amending WSR 99-08-115, filed 4/7/99, effective 5/8/99)

WAC 434-334-110
Logic and accuracy test certification -- Special election.

The county auditor or deputy and any political party observers, if present, shall certify that the test has been conducted in accordance with RCW 29.33.350. Copies of this certification shall be retained by the county auditor. All programming materials, official test results, and test ballots shall be securely sealed until the day of the primary or election. These items may be sealed and stored separately.

If, for any reason, any changes are made to the ballot counting programming after the official logic and accuracy test, an emergency logic and accuracy test must be conducted pursuant to WAC 434-334-082.

[Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-110, filed 4/7/99, effective 5/8/99. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-334-110, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-34-110, filed 6/2/92, effective 7/3/92.]


NEW SECTION
WAC 434-334-127
Punchcard adjustment standards and tests.

Prior to all official logic and accuracy tests, a test must be conducted by each county employing a punchcard balloting system to confirm the ballot stock to be used in the election meets system specifications for card weight, thickness and length. The test should also confirm that the prepunches and voting response areas are being read properly by the ballot counter.

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AMENDATORY SECTION(Amending WSR 99-08-115, filed 4/7/99, effective 5/8/99)

WAC 434-334-140
Definitions.

For optical scan voting systems:

(1) "Voting response area" means the area defined by ballot instructions which the voter places their mark to indicate their vote.

(2) "Scanning area" means the portions of each ballot that the system scans in order to read the vote marks made by voters.

(3) "Ballot marking code" means the coded patterns printed on ballots intended to identify ballot styles to the ballot counting system.

[Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-140, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 99-08-115, filed 4/7/99, effective 5/8/99)

WAC 434-334-160
Optical scan read head and ballot scan area alignment tests.

Prior to all official logic and accuracy tests, a test shall be conducted by each county employing an optical scan balloting system to confirm that the voting response areas printed on all ballot faces are aligned properly with the scanning area of the ballot counter. This test should also confirm that all ballot marking codes are being properly interpreted by the ballot counter.

[Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-160, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 99-08-115, filed 4/7/99, effective 5/8/99)

WAC 434-334-165
Optical scan ballot marking code program test.

Prior to the official logic and accuracy test each county employing an optical scan balloting system shall thoroughly test all programming and system components. The test must at least verify the office programming by thoroughly testing each individual office, ((test)) testing the ballot style logic to insure that all offices are included on the intended ballot faces, and verify that the program is accumulating all offices. The county auditor or deputy shall certify that these tests have been completed prior to the official logic and accuracy test.

[Statutory Authority: RCW 29.33.350. 99-08-115, 434-334-165, filed 4/7/99, effective 5/8/99.]

Washington State Code Reviser's Office