WSR 04-17-003EMERGENCY RULES
SECRETARY OF STATE
[
Filed August 4, 2004,
4:13 p.m.
, effective August 4, 2004
]
Purpose: Last edit changes were not incorporated into
first filing of these emergency rules.
Citation of Existing Rules Affected by this Order: Amending WAC 434-333-130, 434-333-135, 434-333-140,
434-333-145, 434-333-150, 434-333-155, 434-333-160,
434-333-165, 434-333-170, 434-333-175, 434-333-185,
434-333-215, 434-333-270, 434-333-285, 434-333-290,
434-333-295, and 434-333-300.
Statutory Authority for Adoption: RCW 29A.12.020.
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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: New federal law requires
electronic voting equipment and as counties implement this,
new testing procedures are necessary to ensure the security
and integrity of elections in the state.
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Repealed 0;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Repealed 0;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 25,
Amended 10,
Repealed 0.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Repealed 0.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Repealed 0.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 0,
Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 25,
Amended 10,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Date Adopted: August 4, 2004.
Sam Reed
Secretary of State
OTS-7376.2
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-130
((Punchcard test precinct
selection -- State primary and general elections.)) Definition
of official logic and accuracy test.
((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.)) As used in this chapter, "official logic and
accuracy test" means the test performed in accordance with RCW 29.33.350 (29A.12.130).
[02-09-007, recodified as § 434-333-130, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, § 434-334-130, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-135
((Punchcard testing requirements prior
to official logic and accuracy test.)) Logic and accuracy test
conduct.
((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.)) 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 responsible for the
ballot count on election day. If any error in programming or
mechanical function is detected, the cause shall be determined
and corrected, and an errorless test completed before the
primary or election.
[02-09-007, recodified as § 434-333-135, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, § 434-334-135, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-140
((Definitions.)) Logic and accuracy test
observers.
((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.)) 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. The official logic and accuracy test shall be open
to candidates, the media, and the public. If any observer
hinders or disturbs the logic and accuracy test process, the
county auditor or representative may remove that observer from
the test area. An observer 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.
[02-09-007, recodified as § 434-333-140, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 00-10-009, § 434-334-140, filed 4/21/00, effective 5/22/00;
99-08-115, § 434-334-140, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-145
((Logic and accuracy test deck
preparation -- State primary and general election -- Optical scan
systems.)) Logic and accuracy testing of voting systems and
equipment -- State primary and general election.
((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.)) 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 the vote tallying system to be used at
that primary or election. 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 also
verify that the machine(s) is/are functioning to
specifications.
[02-09-007, recodified as § 434-333-145, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, § 434-334-145, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-150
((Optical scan test ballot
selection -- State primary and general elections.)) Procedure
for conduct of delayed primary or general election emergency
logic and accuracy test.
((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.)) 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 434-333-140 and
434-333-155.
[02-09-007, recodified as § 434-333-150, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, § 434-334-150, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-155
((Optical scan read head adjustment
standards and tests.)) Logic and accuracy test scheduling and
preparation -- State primary and general election.
((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.)) 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
thirty days before the primary or election. 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 fully programmed, cleaned,
maintained, tested, and functional before the official logic
and accuracy test. The county shall notify the parties and
media of the date and time of the test.
[02-09-007, recodified as § 434-333-155, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, § 434-334-155, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-160
((Optical scan read head and ballot scan
area alignment tests.)) Logic and accuracy test
certification -- State primary and general election.
((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.)) 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. This
certification shall include verification of the version number
of all software, firmware, and hardware of the voting system
used. Copies of this certification shall be retained by the
secretary of state and the county auditor and may be posted by
electronic media. 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 434-333-150.
[02-09-007, recodified as § 434-333-160, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 00-10-009, § 434-334-160, filed 4/21/00, effective 5/22/00;
99-08-115, § 434-334-160, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-165
((Optical scan ballot marking code
program test.)) Logic and accuracy testing of voting systems
and equipment -- Special elections.
((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,
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.)) At least
three days before each special election, the programming for
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.
[02-09-007, recodified as § 434-333-165, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 00-10-009, § 434-334-165, filed 4/21/00, effective 5/22/00;
99-08-115, § 434-334-165, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-170
((Precinct-based optical scan ballot
counter preparation and testing.)) Logic and accuracy test
deck preparation -- Special elections.
((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 ballot styles
programmed for each machine 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 poll site ballot
counters.)) When a new test deck is required under WAC 434-333-165, the test deck or decks used for the official
logic and accuracy test will be prepared by the county
elections office.
[02-09-007, recodified as § 434-333-170, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, § 434-334-170, filed 4/7/99, effective 5/8/99.]
AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02,
effective 4/4/02)
WAC 434-333-175
((Poll site-based optical scan ballot
counter test notices, observers, and log of process.)) Logic
and accuracy test scheduling and preparation -- Special
election.
((A log shall be created during the testing of the
poll site-based ballot counters. The log shall record the
time and place of each test, the precinct number(s), 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 [434-333-170] shall be open to observation
and subject to all notices and observers pursuant to WAC 434-334-070 [434-333-070] and 434-334-085 [434-333-085].)) The county is responsible
for preparing the counting system and testing it before the
official logic and accuracy test. The ballot counting system
shall be fully programmed, cleaned and maintained, tested, and
functional before the official logic and accuracy test. The
county shall notify the parties and media of the date and time
of the official logic and accuracy test.
[02-09-007, recodified as § 434-333-175, filed 4/4/02,
effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, § 434-334-175, filed 4/7/99, effective 5/8/99.]
NEW SECTION
WAC 434-333-180
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. This certification shall include
verification of the version number of all software, firmware,
and hardware of the voting system used and may be published on
electronic media. 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 434-333-150.
[]
PUNCHCARD SYSTEMS
NEW SECTION
WAC 434-333-185
Logic and accuracy test
preparation -- State primary and general election -- Punchcard
systems.
The test deck or decks used for the official logic
and accuracy test 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 all other information required
to select the test 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.
[]
NEW SECTION
WAC 434-333-190
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.
[]
NEW SECTION
WAC 434-333-195
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.
[]
NEW SECTION
WAC 434-333-200
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.
[]
NEW SECTION
WAC 434-333-205
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.
[]
OPTICAL SCAN SYSTEMS
NEW SECTION
WAC 434-333-210
Definitions.
For optical scan voting
systems: (1) "Voting response area" means the area defined by
ballot instructions on 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.
[]
NEW SECTION
WAC 434-333-215
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 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.
[]
NEW SECTION
WAC 434-333-220
Optical scan test ballot
selection -- State primary and general election.
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.
[]
NEW SECTION
WAC 434-333-225
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.
[]
NEW SECTION
WAC 434-333-230
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.
[]
NEW SECTION
WAC 434-333-235
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, 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.
[]
POLL SITE-BASED OPTICAL SCAN DEVICES
NEW SECTION
WAC 434-333-240
Poll site-based optical scan ballot
counter preparation and testing.
All logic and accuracy
testing of poll site-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 ballot styles
programmed for each machine 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 poll site ballot
counters.
[]
NEW SECTION
WAC 434-333-245
Poll site-based optical scan ballot
counter test notices, observers, and log of process.
A log
shall be created during the testing of the poll site-based
ballot counters. The log shall record the time and place of
each test, the precinct number(s), 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 434-333-240 shall
be open to observation and subject to all notices and
observers pursuant to WAC 434-333-140 and 434-333-155.
[]
DIRECT RECORDING ELECTRONIC VOTING SYSTEMS
NEW SECTION
WAC 434-333-250
Definitions.
For direct recording
electronic voting systems: "Access device" is the device that is used by the voter
to access the ballot at a direct recording electronic voting
device. It may be a card or other media.
"Calibration" is the touch screen setting on direct
recording electronic voting systems that controls the voter
response area.
"Controller" is a component of a direct recording
electronic voting system that allows the poll worker to add
information to an access device so that a voter can access the
correct ballot style.
"Parallel monitoring" is a process designed to detect
potential presence of malicious code in the software of a
voting machine. It requires a specific number of voting
machines to be removed from random poll sites before voting
begins. These machines are then test-voted throughout
election day.
"Response area" is the area on the ballot face that
records the voter's choice.
"Touch screen" is a type of computer interface on a
voting device that allows the voter to touch the screen to
make a choice.
"Voter verified paper record" is a paper record of a
voter's choices to be verified before vote is cast.
[]
NEW SECTION
WAC 434-333-255
Logic and accuracy test plan
preparation -- State primary and general election -- Direct
recording electronic systems.
The test plan used for the
official preelection logic and accuracy test for direct
recording electronic systems may be prepared by either the
office of the secretary of state or the county. Information
describing the candidates, offices, ballot formats, ballot
styles, list of the number of appearances of each office, and
all other information required to create the test plan 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.
[]
NEW SECTION
WAC 434-333-260
Direct recording electronic test ballot
selection -- State primary and general election.
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 preelection 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.
[]
NEW SECTION
WAC 434-333-265
Direct recording electronic calibration
adjustment standards and tests.
Prior to all state primaries
and elections, calibration settings of all direct recording
electronic devices using touch screen technology shall be
tested to insure that the response areas are functioning
within system standards.
[]
NEW SECTION
WAC 434-333-270
Direct recording electronic voting
response area tests.
Prior to all official logic and accuracy
tests, and prior to programming the poll-site direct recording
electronic devices, a test shall be conducted by each county
employing a direct recording electronic balloting system to
confirm that the voting response areas indicated on all ballot
faces are programmed correctly. The county shall test all
ballot styles on at least one device to insure that the
programming is correctly counting and accumulating every
office and candidate.
[]
NEW SECTION
WAC 434-333-275
Direct recording electronic ballot
marking code program test.
Prior to all official logic and
accuracy tests each county employing a direct recording
electronic balloting system shall thoroughly test all
programming and system components. The test must verify the
office programming by thoroughly testing each individual
office, 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.
[]
NEW SECTION
WAC 434-333-280
Direct recording electronic system logic
and accuracy test notices, and observers.
At the discretion
of the secretary of state, a county may conduct its official
preelection logic and accuracy test of the county's direct
recording electronic system at a date and time prior to the
logic and accuracy test of the county's optical scan system.
The official preelection logic and accuracy test of the
county's direct recording electronic system shall be open to
observation and subject to all notices and observers pursuant
to WAC 434-333-140 and 434-333-155. The results of the test
shall be included in the official logic and accuracy test
materials and combined with the results of all other voting
systems used by the county to confirm an adequate integration
of the systems.
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POLL SITE-BASED DIRECT RECORDING ELECTRONIC DEVICES
NEW SECTION
WAC 434-333-285
Poll site-based direct recording
electronic voting device preparation and testing.
All logic
and accuracy testing of poll site-based direct recording
electronic systems shall be performed by the county prior to
system distribution. A representative from the secretary of
state's office may attend these tests in whole or in part. As
each voting device is programmed and set up for distribution a
test of the response area, the ballot styles, and ballot
counter shall be performed. It shall be established by these
tests that the device and the tabulation software is
functioning within system standards. A minimum of one ballot
of each ballot style cast at a poll site shall be tested on
the machines deployed at that poll site. The tests shall also
establish that the voter response areas of each touch screen,
if used, are correctly calibrated. This test shall also
confirm that all ballot styles appropriate to the poll site to
which the device will be deployed are properly issued by the
controller. After all functionality tests are performed and
the machine is ready for distribution, each machine shall be
sealed and the seal number recorded. This will serve as the
official logic and accuracy test of these poll site direct
recording electronic devices.
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NEW SECTION
WAC 434-333-290
Poll site-based direct recording
electronic device test notices, observers, and log of process.
A log shall be created during the testing of the poll
site-based direct recording electronic machines. The log
shall record the time and place of each test, the precinct
number(s), seal number and machine number of each voting
device 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 434-333-170 shall be open to observation and
subject to all notices and observers pursuant to WAC 434-333-140 and 434-333-155.
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NEW SECTION
WAC 434-333-295
Parallel monitoring test.
On election
day, in each county using direct recording electronic voting
devices without a voter verified paper record at the poll
sites, parallel monitoring will be conducted in the following
manner: One machine shall be removed from one percent
(rounded up) of poll sites, chosen by lot, before voting
begins. These machines will be attended by secretary of state
personnel throughout the day and test votes will be cast by
individuals selected by the county auditor, in a predetermined
manner for results comparison at the end of the day. A record
of votes cast may be kept by videotape for verification. All
results of this test will be made public.
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NEW SECTION
WAC 434-333-300
Post election test.
Following election
day, in each county using direct recording electronic voting
devices at the poll sites, a post election logic and accuracy
test will be conducted on the devices selected for the
parallel monitoring test (ref. WAC 434-333-295). This test
will be substantially the same as the preelection logic and
accuracy test, pursuant to WAC 434-333-285 through
434-333-290.
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