Effective Date of Rule: Thirty-one days after filing.
Purpose: The rules outline procedures regarding voting equipment, such as conducting logic and accuracy tests and voters leaving the polling place without casting their ballots on DRE devices.
Citation of Existing Rules Affected by this Order: Amending WAC 434-253-080, 434-253-110, 434-335-320, 434-335-330, 434-335-440 and 434-335-520.
Statutory Authority for Adoption: RCW 29A.04.611.
Adopted under notice filed as WSR 06-10-076 [06-10-072] on May 2, 2006.
Changes Other than Editing from Proposed to Adopted Version: WAC 434-335-330 was amended to clarify that certifications must include verification that the version numbers have not changed since the version was certified.
WAC 434-335-445 was amended to provide further direction. It states each ballot style must be tested, and if an alternate marking pattern is used, it must be approved by the secretary of 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 6, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 6, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 2, Amended 6, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 28, 2006.
Assistant Secretary of State
AMENDATORY SECTION(Amending WSR 05-24-040, filed 11/30/05, effective 12/31/05)
WAC 434-253-080 Voter leaving polling place ((
voting)) prior to casting ballot.
(1) Whenever it is noted by
a precinct election officer that a voter has been issued a
ballot and leaves a polling place without returning the
ballot, a notation shall be made in the poll book or list
along with the ballot stub number of the ballot issued.
(2)(a) If a ballot on a direct recording electronic
device has not been cast but has been printed by the voter,
the)) two precinct election officers (( must:
(1) Cancel the ballot to ensure the ballot is not counted;
(2) Make a mark on the paper record to indicate the ballot has been canceled; and
(3) Make a notation in the poll book to indicate which direct recording electronic device was used to cancel the ballot)), preferably representing different political parties, may cast the ballot.
(b) If a ballot on a direct recording electronic device has not been printed nor cast by the voter, a precinct election officer must cancel the ballot and make a corresponding notation in the accountability form.
[Statutory Authority: RCW 29A.04.611. 05-24-040, § 434-253-080, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-080, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-080, filed 6/2/92, effective 7/3/92.]
(1) If any seal or lock on a direct recording electronic
or)), including seals for the paper printer or paper
canister, has been broken or tampered with, the direct
recording electronic device and paper printer must be removed
from service for the remainder of the election. The direct
recording electronic device and paper printer must be
transferred pursuant to WAC 434-253-115 (1)(b). A written
report regarding the circumstances of the removal from service
must be sent to the county canvassing board.
(2) Precinct election officers must replace any printed materials that were to remain in the poll booth if they have been defaced, removed, or destroyed.
(3) If a paper printer for a direct recording electronic device has malfunctioned or run out of paper, it must be handled pursuant to WAC 434-253-115.
(4) If a voter has voted and left the polling place without casting his or her ballot, it must be handled in accordance with WAC 434-253-080.
[Statutory Authority: RCW 29A.04.611. 05-24-040, § 434-253-110, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-253-110, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-253-110, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-110, filed 6/2/92, effective 7/3/92.]
WAC 434-257-140 Contingency plans for disability access units. For each polling place in which a disability access unit is available for use, county auditors must have a contingency plan to accommodate voters wishing to use the unit should it malfunction or be removed from service in accordance with WAC 434-253-110.
AMENDATORY SECTION(Amending WSR 05-18-022, filed 8/29/05, effective 9/29/05)
WAC 434-335-320 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 must prepare a schedule of logic and accuracy tests. The office of the secretary of state must notify each county of the date and time of the test at least thirty days before the primary or election. ((
The county is
responsible for preparing the vote tabulating system and
testing it before the actual logic and accuracy test. The
vote tabulating system must be fully programmed, cleaned,
maintained, tested, and functional before the official logic
and accuracy test.)) The county must notify the parties,
press, public, and candidates of the date and time of the
[Statutory Authority: RCW 29A.04.611. 05-18-022, § 434-335-320, filed 8/29/05, effective 9/29/05.]
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 434-335-310.
[Statutory Authority: RCW 29A.04.611. 05-18-022, § 434-335-330, filed 8/29/05, effective 9/29/05.]
[Statutory Authority: RCW 29A.04.611. 05-18-022, § 434-335-440, filed 8/29/05, effective 9/29/05.]
When a race has five or fewer candidates, the pattern to mark the test deck shall begin by giving the first candidate in each race one vote, the second candidate in each race two votes, the third candidate in each race three votes, etc. When a race has more than five candidates the pattern may be repeated. Once the pattern is completed for each race and issue, each remaining ballot style must be tested by using at least one ballot that has a first choice marked for each race and issue. Another pattern may be used if it meets the requirements outlined in this section and is approved by the secretary.
The test deck must also test that the vote tabulating system is programmed to accurately count write-in votes, overvotes, undervotes, and blank ballots. In addition, if ballot on demand systems will be used during the election, the test deck must also include a sampling of ballots printed from the ballot on demand system.
[Statutory Authority: RCW 29A.04.611. 05-18-022, § 434-335-520, filed 8/29/05, effective 9/29/05.]