AN
ACT Relating to poll-site ballot counting devices; amending RCW 29.01.042,
29.04.040, 29.48.010, 29.48.080, 29.54.025, 29.54.037, 29.54.050, 29.54.075,
and 29.54.085; adding a new section to chapter 29.01 RCW; adding a new section
to chapter 29.48 RCW; adding new sections to chapter 29.51 RCW; adding new
sections to chapter 29.54 RCW; and repealing RCW 29.48.040, 29.48.050,
29.48.060, 29.51.140, 29.62.060, and 29.62.070.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
29.01.042 and 1990 c 59 s 4 are each amended to read as follows:
"Counting
center" means the facility or facilities designated by the county auditor
((in which the canvassing of ballots on a vote tallying system is conducted))
to count and canvass mail ballots, absentee ballots, and polling place
ballots that are transferred to a central site to be counted, rather than being
counted by a poll-site ballot counting device, on the day of a primary or
election.
NEW
SECTION. Sec. 2. A
new section is added to chapter 29.01 RCW to read as follows:
"Poll-site
ballot counting device" means a device programmed to accept voted ballots
at a polling place for the purpose of tallying and storing the ballots on
election day.
Sec.
3. RCW
29.04.040 and 1994 c 57 s 3 are each amended to read as follows:
(1)
No paper ballot precinct may contain more than three hundred active registered
voters. The county legislative authority may divide, alter, or combine
precincts so that, whenever practicable, over-populated precincts shall contain
no more than two hundred fifty active registered voters in anticipation of
future growth.
(2)
Precinct boundaries may be altered at any time as long as sufficient time
exists prior to a given election for the necessary procedural steps to be
honored. Except as permitted under subsection (5) of this section, no precinct
boundaries may be changed during the period starting on the thirtieth day prior
to the first day for candidates to file for the primary election and ending
with the day of the general election.
(3)
Precincts in which voting machines or electronic voting devices are used may
contain as many as nine hundred active registered voters((, but there shall
be at least one voting machine or device for each three hundred active
registered voters or major fraction thereof when a state primary or general
election is held in an even-numbered year)). The number of poll-site
ballot counting devices at each polling place is at the discretion of the
auditor. The number of devices must be adequate to meet the expected voter
turnout.
(4)
On petition of twenty-five or more voters resident more than ten miles from any
((place of election)) polling site, the county legislative
authority shall establish a separate voting precinct therefor.
(5)
The county auditor shall temporarily adjust precinct boundaries when a city or
town annexes ((county)) unincorporated territory to the city or
town. The adjustment shall be made as soon as possible after the approval
of the annexation. The temporary adjustment shall be limited to the minimum
changes necessary to accommodate the addition of the territory to the city or
town and shall remain in effect only until precinct boundary modifications
reflecting the annexation are adopted by the county legislative authority.
The
county legislative authority may establish by ordinance a limitation on the
maximum number of active registered voters in each precinct within its
jurisdiction. The limitation may be different for precincts based upon the
method of voting used for such precincts and the number may be less than the
number established by law, but in no case may the number exceed that authorized
by law.
The
county legislative authority of each county in the state hereafter formed
shall, at their first session, divide their respective counties into election
precincts with two hundred fifty active registered voters or less and establish
the boundaries of the precincts. The county auditor shall thereupon designate
the voting place for each such precinct.
(6)
In determining the number of active registered voters for the purposes of this
section, persons who are ongoing absentee voters under RCW 29.36.013 shall not
be counted. Nothing in this subsection may be construed as altering the vote
tallying requirements of RCW 29.62.090.
Sec.
4. RCW
29.48.010 and 1994 c 57 s 51 are each amended to read as follows:
The
county auditor shall provide in each polling place a sufficient number of
voting booths or voting devices along with any supplies necessary to enable the
voter to mark or register his or her choices on the ballot and within which the
voters may cast their votes in secrecy. ((Where paper ballots are used for
voting, the number of voting booths shall be at least one for every fifty
active registered voters in the precinct.))
NEW
SECTION. Sec. 5. A
new section is added to chapter 29.48 RCW to read as follows:
Whenever
poll-site ballot counting devices are used, the devices may either be included
with the supplies required in RCW 29.48.030 or they may be delivered to the
polling place separately. All poll-site ballot counting devices must be sealed
with a unique numbered seal at the time of final preparation and logic and
accuracy testing. A log must be made of all seal numbers and device numbers
used.
Sec.
6. RCW
29.48.080 and 1965 c 9 s 29.48.080 are each amended to read as follows:
In
precincts where ((machines)) poll-site ballot counting devices
are used the election officers, before ((unlocking)) initializing
the ((machine)) device for voting, shall proceed as
follows:
(1)
They shall see that the ((voting machine)) device is placed where
it can be conveniently attended by the election officers and conveniently
operated by the voters((, and where, unless its construction requires
otherwise, the ballot labels thereon can be plainly seen by the election
officers and the public when not being voted on;
(2)
They shall see that the model is placed where each voter can conveniently
operate it and receive instructions thereon as to the manner of voting, before
entering the machine booth;
(3)
They shall post one diagram inside the polling room and one outside, in places
where the voters can conveniently examine them;
(4)
They shall see that the lantern or other means provided for giving light is in
such condition that the voting machine is sufficiently lighted to enable voters
to readily read the names on the ballot labels;
(5)
They shall see that the ballot labels are in the proper places on the machine));
(((6)))
(2) They shall see whether the number or other designating mark on the device's
seal ((sealing the machine, also the number registered on the protective
counter)) agrees with the control number ((written on the
envelope containing the keys)) provided by the elections department.
If they do not agree they shall at once notify the ((custodian)) elections
department and delay ((unlocking the machine, and opening)) initializing
the device. The polls ((until he has reexamined the machine)) may
be opened pending reexamination of the device;
(((7)))
(3) If the numbers ((or marks on the envelope containing the keys and
upon the machine)) do agree, they shall proceed to initialize the device
and see whether the public counter ((and all the candidate and question
counters)) registers "000." If ((any of)) the
counter((s are)) is found to register a number other than
"000(("))," one of the judges shall at once ((notify
the custodian who shall set such)) set the counter at "000((;))"
and confirm that the ballot box is empty;
(((8)
Where voting machines equipped with printed election returns mechanism are used,
they shall proceed to operate the mechanism provided to produce one imprinted
"before election inspection sheet" showing whether the candidate and
question counters register "000". If said sheet has imprinted
thereon any numbers below any candidate's name or below any question's
designation other than "000" one of the judges shall, after the polls
close, under the scrutiny of the other members of the board of election
officials, deduct that number from that candidate's or question's total in the
space provided for on the return sheet.
After
performing their duties as provided in this section, the election officers
shall certify thereto in the appropriate places on the statement of canvass as
provided thereon. When the polls are declared open, one of the election
officers shall break the seal and unlock the machine for voting.))
(4)
Before processing any ballots through a poll-site ballot counting device a zero
report must be produced. The inspector and at least one of the judges shall
carefully verify that zero ballots have been run through the poll-site ballot
counting device and that all vote totals for each office are zero. If the
totals are not zero, the inspector shall either reset the device to zero or
contact the elections department to reset the device and allow voting to
continue using the auxiliary or emergency device.
NEW
SECTION. Sec. 7. A
new section is added to chapter 29.51 RCW to read as follows:
Each
poll-site ballot counting device must be programmed to return all blank ballots
and overvoted ballots to the voter for private reexamination. The election
officer shall take whatever steps are necessary to ensure that the secrecy of
the ballot is maintained. The precinct election officer shall provide
information and instruction on how to properly mark the ballot. The voter may
remark the original ballot, may request a new ballot under RCW 29.51.190, or
may choose to complete a special ballot envelope and return the ballot as a
special ballot.
NEW
SECTION. Sec. 8. A
new section is added to chapter 29.51 RCW to read as follows:
If
a poll-site ballot counting device fails to operate at any time during polling
hours, voting must continue, and the ballots must be deposited for later
tabulation in a secure ballot compartment separate from the tabulated ballots.
Sec.
9. RCW
29.54.025 and 1990 c 59 s 30 are each amended to read as follows:
(1)
The counting center in a county using voting systems shall be under the
direction of the county auditor and shall be observed by one representative
from each major political party, if representatives have been appointed by the
respective major political parties and these representatives are present while
the counting center is operating. The proceedings shall be open to the public,
but no persons except those employed and authorized by the county auditor may
touch any ballot or ballot container or operate a vote tallying system.
(2)
In counties in which ballots are not counted at the polling place, the
political party observers, upon mutual agreement, may request that a precinct
be selected at random on receipt of the ballots from the polling place and that
a manual count be made of the number of ballots and of the votes cast on any
office or issue. The ballots for that precinct shall then be counted by the
vote tallying system, and this result shall be compared to the results of the
manual count. This may be done as many as three times during the tabulation of
ballots on the day of the primary or election.
(3)
In counties using poll-site ballot counting devices, the political party
observers, upon mutual agreement, may choose as many as three precincts and
request that a manual count be made of the number of ballots and the votes cast
on any office or issue. The results of this count will be compared to the
count of the precinct made by the poll-site ballot counting device. These
selections must be made no later than thirty minutes after the close of the
polls. The manual count must be completed within forty-eight hours after the
close of the polls. The process must take place at a location designated by
the county auditor for that purpose. The political party observers must
receive timely notice of the time and location, and have the right to be
present. However, the process must proceed as scheduled if the observers are
unable to attend.
Sec.
10. RCW
29.54.037 and 1990 c 59 s 31 are each amended to read as follows:
(1)
At the direction of the county auditor, a team or teams composed of a
representative of ((each)) at least two major political ((party))
parties shall stop at designated polling places and pick up the sealed
containers of voted, untallied ballots for delivery to the counting
center. There may be more than one delivery from each polling place. Two
precinct election officials, ((one)) representing ((each)) two
major political ((party)) parties, shall seal the voted ballots
in containers furnished by the county auditor and properly identified with his
or her address with uniquely prenumbered seals.
(2)
At the counting center or the collection stations where the sealed ballot
containers are delivered by the designated representatives of the major
political parties, the county auditor or a designated representative of the
county auditor shall receive the sealed ballot containers, record the time,
date, precinct name or number, and seal number of each ballot container.
NEW
SECTION. Sec. 11. A
new section is added to chapter 29.54 RCW to read as follows:
The
programmed memory pack for each poll-site ballot counting device must be sealed
into the device during final preparation and logic and accuracy testing.
Except in the case of a device breakdown, the memory pack must remain sealed in
the device until after the polls have closed and all reports and telephonic or
electronic transfer of results are completed. After all reporting is complete
the precinct election officers responsible for transferring the sealed voted
ballots under RCW 29.54.075 shall ensure that the memory pack is returned to
the elections department. If the entire poll-site ballot counting device is
returned, the memory pack must remain sealed in the device. If the poll-site
ballot counting device is to remain at the polling place, the precinct election
officer shall break the seal on the device and remove the memory pack and seal
and return it along with the irregularly voted ballots and special ballots to
the elections department on election day.
NEW
SECTION. Sec. 12. A
new section is added to chapter 29.54 RCW to read as follows:
After
the close of the polls, counties employing poll-site ballot counting devices
may telephonically or electronically transmit the accumulated tally for each
device to a central reporting location. Before making a telephonic or
electronic transmission the precinct election officer must create a printed
record of the results of the election for that poll site. During the
canvassing period the results transmitted telephonically or electronically must
be considered unofficial until a complete reconciliation of the results has
been performed. This reconciliation may be accomplished by a direct loading of
the results from the memory pack into the central accumulator, or a comparison
of the report produced at the poll site on election night with the results
received by the central accumulating device.
Sec.
13. RCW
29.54.050 and 1990 c 59 s 56 are each amended to read as follows:
A
ballot is invalid and no votes on that ballot may be counted if it is found
folded together with another ballot((;)) or((, except for an absentee
ballot,)) it is marked so as to identify the voter.
Those
parts of a ballot are invalid and no votes may be counted for those issues or
offices where more votes are cast for the office or issue than are permitted by
law; write-in votes do not contain all of the information required under RCW ((29.51.170))
29.62.180; or that issue or office is not marked with sufficient
definiteness to determine the voter's choice or intention. No write-in vote
may be rejected due to a variation in the form of the name if the election
board or the canvassing board can determine the issue for or against which or
the person and the office for which the voter intended to vote.
Sec.
14. RCW
29.54.075 and 1990 c 59 s 59 are each amended to read as follows:
Immediately
after their tabulation, all ballots ((shall)) counted at a ballot
counting center must be sealed in containers that identify the primary or
election and be retained for at least sixty days. All ballots tallied by
poll-site ballot counting devices must be returned to the elections department
in sealed ballot containers on election day. Counties composed entirely of
islands or portions of counties composed of islands shall collect the ballots
within twenty-four hours of the close of the polls.
Ballots
tabulated in poll-site ballot counting devices must be sealed by two of the
election precinct officers at the polling place, and a log of the seal and the
names of the people sealing the container must be completed. One copy of this
log must be retained by the inspector, one copy must be placed in the ballot
transfer case, and one copy must be transported with the ballots to the
elections department, where the seal number must be verified by the county
auditor or a designated representative. Ballots may be transported by one
election employee if the container is sealed at the poll and then verified
when returned to the elections department. Auditors using poll-site ballot
counting devices may conduct early pickup of counted ballots on election day.
In
the presence of major party observers who are available, ballots may be removed
from the sealed containers at the elections department and consolidated into
one sealed container for storage purposes. The containers may only be
opened by the canvassing board as part of the canvass, or to conduct
recounts, or under RCW 29.54.025(3), or by order of the superior court
in a contest or election dispute. If the canvassing board opens a ballot
container, it shall make a full record of the additional tabulation or
examination made of the ballots. This record shall be added to any other
record of the canvassing process in that county.
Sec.
15. RCW
29.54.085 and 1990 c 59 s 33 are each amended to read as follows:
(1)
The ballots picked up from the precincts during the polling hours may be
counted only at the counting center before the polls have closed.
Election returns from the count of these ballots must be held in secrecy until
the polls have been closed as provided by RCW 29.54.018.
(2)
Upon breaking the seals and opening the ballot containers from the precincts,
all voted ballots shall be manually inspected for damage, write-in votes, and
incorrect or incomplete marks. If it is found that any ballot is damaged so
that it cannot properly be counted by the vote tallying system, a true
duplicate copy shall be made of the damaged ballot in the presence of witnesses
and substituted for the damaged ballot. All damaged ballots shall be kept by
the county auditor until sixty days after the primary or election.
(3)
The returns produced by the vote tallying system, to which have been added the
counts of questioned ballots, write-in votes, and absentee votes, constitute
the official returns of the primary or election in that county.
NEW
SECTION. Sec. 16. The
following acts or parts of acts are each repealed:
(1) RCW
29.48.040 (Additional supplies for voting machines) and 1965 c 9
s 29.48.040;
(2) RCW
29.48.050 (Receipt for key to voting machine) and 1965 c 9 s
29.48.050;
(3) RCW
29.48.060 (Posting of instructions) and 1965 c 9 s 29.48.060;
(4) RCW
29.51.140 (Mechanical voting devices--When all voters do not vote
on all offices) and 1990 c 59 s 44 & 1965 c 9 s 29.51.140;
(5) RCW
29.62.060 (Recanvass of machine
votes--Notice--Representation--Relocking) and 1965 c 9 s 29.62.060; and
(6) RCW
29.62.070 (Recanvass of machine votes--Procedure to test counting
mechanism--Statement) and 1965 c 9 s 29.62.070.
