[Filed January 9, 2026, 10:37 a.m., effective February 9, 2026]

Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule making will establish procedures to expand a random check of the ballot counting equipment conducted under RCW 29A.60.170 to include additional ballots if a discrepancy is found.

Citation of Rules Affected by this Order: Amending WAC 434-261-108.

Statutory Authority for Adoption: RCW 29A.04.611 and 29A.60.185.

Adopted under notice filed as WSR 25-23-049 on November 13, 2025.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 9, 2025 [2026].

AMENDATORY SECTION(Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)

WAC 434-261-108Random check of ballot counting equipment.

((If a random check of up to six batches of ballots is conducted pursuant to RCW 29A.60.170 in a county that uses optical scan voting equipment, each batch must be tabulated on a different scanner if more than one scanner is used in the election. If there are more scanners used in the election than batches to be checked, then the scanners must be selected at random.))When conducting a random check of ballot counting equipment, a county auditor must establish the number of counting boards.

(1) Each board shall be comprised of no less than two members, made up of:

(a) One representative from each of the two major political parties; or

(b) Two staff persons.

(2) Counting boards shall manually count each precinct or batch in the same manner as manual recounts, as described in WAC 434-264-110.