WSR 98-17-029
EMERGENCY RULES
SECRETARY OF STATE
[Filed August 11, 1998, 12:12 p.m.]
Date of Adoption: August 11, 1998.
Purpose: To amend and adopt rules for logic and accuracy tests conducted for primaries and elections as required by chapter 58, Laws of 1998.
Citation of Existing Rules Affected by this Order: Repealing WAC 434-334-115; and amending WAC 434-334-055, 434-334-065, 434-334-070, 434-334-075, 434-334-080, 434-334-085, 434-334-090, 434-334-095, 434-334-100, 434-334-105, and 434-334-110.
Statutory Authority for Adoption: RCW 29.33.350.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Rules are required to be in effect for the state primary and general election of 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 15, amended 6, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 15, amended 11, repealed 1; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
August 11, 1998
Tracy Guerin
Deputy Secretary of State
OTS-2344.3
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-055 Acceptance
testing of voting systems and equipment. Whenever a county acquires a new system
or an upgrade to an existing system that has been certified by the secretary of state, the
county must perform acceptance tests of the equipment before it may be used to count votes
at any election. The equipment must be operating correctly, pass all tests and must be ((identical
to)) substantially the same as the equipment certified by the secretary of
state. The minimum testing standards are described as follows:
(1) The model number, version number, release number, and any other number, name or description that identifies the product must be the same as the identifying numbers for the product that has been certified by the secretary of state.
(2) The county must receive all manuals, and training necessary for the proper operation of the system.
(3) The county shall perform a series of functional and programming tests that will test all functions of the ballot counting system. This must include processing a substantial number of test ballots of various prepunch or ballot codes, including split precincts, rotated races, multiple candidates, precinct committee officer local races, cumulative reports, precinct reports, canvass reports, and any other tests the county elections authority finds necessary.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-055, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-055, filed 6/2/92, effective 7/3/92.]
NEW SECTION
WAC 434-334-063 Definition of official logic and accuracy test. As used in this chapter, "official logic and accuracy test" means the test performed in accordance with RCW 29.33.350.
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AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-065 Logic and
accuracy test conduct. The county shall provide adequate personnel to properly
operate the ballot counting equipment. Whenever possible, the equipment should be operated
during the test by the same persons who will be ((conducting)) responsible
for the ((actual)) ballot count on election day. ((At the
scheduled time the test decks shall be run through the ballot counting system and ballot
results produced. The results shall then be compared with the preaudit expected results.))
If any error in programming or mechanical function is detected, the cause shall be
determined and corrected, and an errorless ((total produced)) test
completed before the primary or election.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-065, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-065, filed 6/2/92, effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-070 Logic and
accuracy test observers. The official logic and accuracy test shall be
observed by at least one representative of each major political party, if representatives
have been appointed by the parties and are present at the test. The party observers
shall be instructed as election observers, by the county auditor((, prior to
observing an election)). The official logic and accuracy test shall be
open to candidates, the press, and the public. If ((a party)) any
observer hinders or disturbs the ((L & A)) logic and accuracy test
process, the county ((election authority)) auditor or representative
may remove that observer from the test area. ((The)) An observer
((may also be barred from future tests)) who has been removed from a
logic and accuracy test may also be barred from future tests. The absence of observers
shall not delay or stop the test from being conducted.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-070, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-070, filed 6/2/92, effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-075 Logic and
accuracy testing of voting systems and equipment--State primary and general election.
At least three days before each state primary or general election the office of the
secretary of state shall provide for a test of the programming for ((each))
the vote tallying system to be used at that primary or election ((shall be
tested by the office of the secretary of state)). The test should verify that the
system will correctly count the votes cast for all candidates and all measures appearing
on the ballot. The test shall ((be conducted by processing a preaudited group of
ballots, marked with a predetermined number of votes, for each candidate and for or
against each measure. For each office where there are two or more candidates and for each
measure there will be an undervote and overvote)) also verify that the
machine(s) is/are functioning to specifications.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-075, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-075, filed 6/2/92, effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-080 Logic and
accuracy test ((deck)) preparation--State primary and general election--Punchcard
systems. The test deck or decks used for the official logic and accuracy test
((may be prepared by either the office of the secretary of state, the county, or
the vendor)) are maintained by the county auditor. Information describing
the candidates, offices, ballot formats, ballot positions, pages applicable or planning
matrix, accurate list of prepunches, list of the number of appearances of each office and
each rotation, and all other information required to ((create)) select
the test ((decks)) precincts and predict the results must be
available to the office of the secretary of state at the very latest by the 30th day prior
to the primary or election. If a county is delayed due to complications related to
lawsuits or late filing periods, the county should advise the office of the secretary of
state before the 30th day prior to the primary or election.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-080, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-080, filed 6/2/92, effective 7/3/92.]
NEW SECTION
WAC 434-334-082 Procedure for conduct of delayed primary or general election emergency logic and accuracy test. If the official logic and accuracy test cannot be completed at the scheduled time and place, an emergency test shall be scheduled by the county auditor. The emergency test must be conducted and properly completed prior to the processing of any official ballots through the tabulating system. If no representative of the office of the secretary of state is able to attend the emergency test, the county auditor and another member of the county canvassing board or their designated representative shall observe the test and certify the results. Observers and notification shall be provided for pursuant to WAC 434-334-070 and 434-334-085.
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AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-085 Logic and
accuracy test scheduling and preparation--State primary and general election.
Prior to each state primary and general election the office of the secretary of state will
prepare a schedule of logic and accuracy tests. The office of the secretary of state will
notify each county of the date and time of their test at least ((two weeks))
thirty days before the test. The county is responsible for preparing the counting
system and testing it before the actual logic and accuracy test. The ballot counting
system shall be ((one hundred percent programmed)) fully programmed,
cleaned, maintained, tested and functional before the official logic and accuracy
test. The county shall notify the parties, the press, the public, and candidates of the
date and time of the test.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-085, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-085, filed 6/2/92, effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-090 Logic and
accuracy test certification--State primary and general election. The ((secretary
of state, 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((,)) and test results((,
and test ballots)) shall be ((securely sealed until the day of the
primary or election)) secured.
[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 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-095 Logic and
accuracy testing of voting systems and equipment--Special elections. At least
three days before each special election the programming for ((each)) the
vote tallying system to be used at that election shall be tested for logic and accuracy.
The test should verify that the system will correctly count the votes cast for all
candidates and all measures appearing on the ballot. The test shall be conducted by
processing a preaudited group of ballots, marked with a predetermined number of votes, for
each candidate and for or against each measure. For each office where there are two or
more candidates and for each measure there will be an undervote and overvote.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-095, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-095, filed 6/2/92, effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-100 Logic and accuracy test deck preparation--Special elections. When a new test deck is required under WAC 434-334-095, the test deck or decks used for the official logic and accuracy test will be prepared by the county elections office.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-100, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-100, filed 6/2/92, effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-334-105 Logic and
accuracy test scheduling and preparation--Special election. The county is
responsible for preparing the counting system and testing it before the ((actual))
official logic and accuracy test. The ballot counting system shall be ((one
hundred percent)) fully programmed, cleaned and maintained, tested,
and functional before the official logic and accuracy test. The county shall notify the
parties, the press, the public, and candidates of the date and time of the official
logic and accuracy test.
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-105, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-105, filed 6/2/92, effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
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((,)) and
official test results((, and test ballots)) shall be ((securely
sealed until the day of the primary or election)) secured.
[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.]
<SUBCHAPHEADING>PUNCHCARD SYSTEMS </SUBCHAPHEADING>
NEW SECTION
WAC 434-334-125 Punchcard test deck maintenance and storage. Each county employing a punchcard balloting system shall maintain a permanent deck of logic and accuracy test ballots. The test ballots shall contain a distinct pattern of votes. The deck may be used for all official logic and accuracy tests and for programming tests conducted in preparation for official logic and accuracy tests. The permanent test deck shall be maintained in secure storage except when being used for actual testing.
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NEW SECTION
WAC 434-334-130 Punchcard test precinct selection--State primary and general elections. Prior to the official logic and accuracy test the office of the secretary of state shall review the election materials provided by the county and select a representative sample of precincts and ballot styles sufficient to cover all offices and issues contained in the election. The representative sample shall constitute the official logic and accuracy test. This provision does not limit the ability of the office of the secretary of state to conduct a complete test of every precinct if conditions warrant.
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NEW SECTION
WAC 434-334-135 Punchcard testing requirements prior to official logic and accuracy test. Prior to the official logic and accuracy test, each county employing a punchcard 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 the ballot style logic to insure that all offices are included in the intended precincts and combinations, 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.
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<SUBCHAPHEADING>OPTICAL SCAN SYSTEMS</SUBCHAPHEADING>
NEW SECTION
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.
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NEW SECTION
WAC 434-334-145 Logic and accuracy test deck preparation--State primary and general election--Optical scan systems. The test deck or decks used for the official logic and accuracy test for optical scan systems may, at the discretion of the secretary of state, be prepared by either the office of the secretary of state, the county, or the vendor. Information describing the candidates, offices, ballot formats, ballot positions, ballot styles, list of the number of appearances of each office and each rotation, and all other information required to create the test decks must be available to the office of the secretary of state by the 20th day prior to the primary or election. If a county is delayed due to complications related to lawsuits or late filing periods, the county should advise the office of the secretary of state before the 20th day prior to the primary or election.
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NEW SECTION
WAC 434-334-150 Optical scan test ballot selection--State primary and general elections. Prior to the official logic and accuracy test the office of the secretary of state shall review the provided election materials with the county and select a representative sample of ballot styles sufficient to cover all offices and issues contained in the election. This representative sample shall constitute the official logic and accuracy test. This provision does not limit the ability of the office of the secretary of state to conduct a complete test of every precinct if conditions warrant. If the office of the secretary of state is preparing the test deck, the county auditor shall send blank ballots of the selected ballot styles to the office of the secretary of state as soon as the ballots are available.
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NEW SECTION
WAC 434-334-155 Optical scan read head adjustment standards and tests. Prior to all state primaries, read heads of optical scan central counting systems shall be cleaned and tested to insure that the reader is functioning within system standards.
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NEW SECTION
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.
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NEW SECTION
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 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.
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<SUBCHAPHEADING>PRECINCT-BASED OPTICAL SCAN SYSTEMS</SUBCHAPHEADING>
NEW SECTION
WAC 434-334-170 Precinct-based optical scan ballot counter preparation and testing. All logic and accuracy testing of precinct-based systems shall be performed by the county during the preparation of the precinct ballot counters prior to system distribution. As each ballot counter is programmed and set up for distribution a test of the ballot counter and ballot styles shall be performed. It shall be established by these tests that the ballot counter(s) are functioning within system standards. All balloting styles shall be processed by each machine in order to insure that the machine is correctly counting and accumulating every office. The tests shall also establish that the printed ballot voter response areas are correctly aligned with the scanning area. After all tests are performed and the machine is ready for distribution, the machine shall be sealed and the seal number recorded. This will serve as the official logic and accuracy test of these precinct ballot counters.
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NEW SECTION
WAC 434-334-175 Precinct-based optical scan ballot counter test notices, observers, and log of process. A log shall be created during the testing of the precinct-based ballot counters. The log shall record the time and place of each test, the precinct number, seal number and machine number of each ballot counter and the initials of each person testing and observing the test for each machine. This log shall be included in the official logic and accuracy test materials. The processes described in WAC 434-334-170 shall be open to observation and subject to all notices and observers pursuant to WAC 434-334-070 and 434-334-085.
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NEW SECTION
The following section of the Washington Administrative Code, as amended, is recodified as follows:
| Old WAC Number | New WAC Number |
| 434-344-080 | 434-334-120 |
Reviser's note: The above section, filed by the agency as a recodification of WAC 434-344-080, appears to be a recodification of WAC 434-334-080, there being no WAC 434-344-080 in existence. Pursuant to RCW 34.08.040, the section is published in the same form as filed by the agency.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 434-334-115 Logic and accuracy tests for direct recording electronic equipment.