WSR 07-04-001

EXPEDITED RULES

SECRETARY OF STATE


(Elections Division)

[ Filed January 24, 2007, 3:17 p.m. ]

Title of Rule and Other Identifying Information: Changing dates to correspond with primary date change.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Amber Cervantes, Office of the Secretary of State, P.O. Box 40220, Olympia, WA 98504-0220 , AND RECEIVED BY April 9, 2007.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes consist of amending the dates in current rules to correspond with chapter 344, Laws of 2006, legislation changing the date of the primary and other election deadlines. In addition, one rule is repealed as it is extremely outdated and is no longer applicable.

Reasons Supporting Proposal: It is essential that the administrative rules support the changes to the Revised Code of Washington with regards to changing election related events and deadlines to correspond with the date change of the primary election.

Statutory Authority for Adoption: RCW 29A.04.611; chapter 344, Laws of 2006.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Office of the secretary of state, governmental.

Name of Agency Personnel Responsible for Drafting: Amber Cervantes, Legislative Building, Olympia, (360) 902-4165; Implementation and Enforcement: Katie Blinn, Legislative Building, Olympia, (360) 902-4168.

January 24, 2007

Sam Reed

Secretary of State

OTS-9523.2


AMENDATORY SECTION(Amending WSR 06-14-049, filed 6/28/06, effective 7/29/06)

WAC 434-215-005   Filing information -- Questionnaire -- Compiling and dissemination.   Prior to ((April)) March 1 of each year, the county auditor shall send a questionnaire to the administrative authority of each local jurisdiction for which the auditor is the candidate filing officer subject to the provisions of RCW ((29A.04.320)) 29A.04.321 and 29A.04.330. The purpose of the questionnaire shall be to confirm information which the auditor may disseminate to the public regarding the filing for elective offices. The questionnaire should request, as a minimum, confirmation of offices to be filled at the general election that year, the name of the incumbent, and the annual salary for the position at the time of the filing period. Responses should be received prior to ((May)) April 1 of that year so that the filing information can be compiled and disseminated to the public at least two weeks prior to the candidate filing period.

[Statutory Authority: RCW 29A.04.611. 06-14-049, 434-215-005, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 29A.04.610. 04-15-089, 434-215-005, filed 7/16/04, effective 8/16/04. 02-09-007, recodified as 434-215-005, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, 434-228-005, filed 10/13/97, effective 11/13/97.]


AMENDATORY SECTION(Amending WSR 06-14-049, filed 6/28/06, effective 7/29/06)

WAC 434-215-020   Declaration of candidacy -- Precinct committee officer.   Declarations of candidacy for the office of precinct committee officer, shall be filed in substantially the following form:

((STRICKEN GRAPHIC
STRICKEN GRAPHIC))

The forms shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form may also contain space for recording the date and time of filing, a receipt number, if applicable, and a sequential filing number. County auditors may design and use a declaration of candidacy different in form and style from that specified by this rule as long as it contains all of the information required by this rule.

[Statutory Authority: RCW 29A.04.611. 06-14-049, 434-215-020, filed 6/28/06, effective 7/29/06. 02-09-007, recodified as 434-215-020, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-228-020, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-28-020, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), 434-28-020, filed 7/16/84; Order 75-1, 434-28-020, filed 6/26/75.]

OTS-9524.1


AMENDATORY SECTION(Amending WSR 05-17-145, filed 8/19/05, effective 9/19/05)

WAC 434-260-030   Scheduled reviews -- Auditor request.   Not later than ((June)) May 1, any county auditor may request that the secretary of state designate his or her county for an election review. The secretary of state shall, whenever practical, honor that request.

[Statutory Authority: RCW 29A.04.611. 05-17-145, 434-260-030, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.60.020. 99-12-004, 434-260-030, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as 434-260-030, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, 434-60-030, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 05-17-145, filed 8/19/05, effective 9/19/05)

WAC 434-260-040   Election reviews -- Secretary of state to designate.   Not later than ((June)) May 15 the secretary of state shall notify, in writing, the counties selected for an election review and the chairs of the state committees of any major political party. The notification shall include the date and time the review is scheduled to begin. Whenever possible, election reviews shall be conducted on dates that are mutually agreeable to the secretary and to the county auditor, except that those parts of the review process dealing with the actual conduct and canvassing of the election itself must be conducted between election day and the certification of the election returns. In designating counties to be reviewed, the secretary shall take into consideration any complaints filed with his or her office pursuant to the provisions of RCW 29A.04.570 (1)(b).

[Statutory Authority: RCW 29A.04.611. 05-17-145, 434-260-040, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. 04-15-089, 434-260-040, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.60.020. 99-12-004, 434-260-040, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as 434-260-040, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, 434-60-040, filed 8/30/93, effective 9/30/93.]

OTS-9525.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 434-326-900 Reimbursement of county auditors and the department of licensing for costs associated with implementation of this chapter.

OTS-9526.1


AMENDATORY SECTION(Amending WSR 05-18-022, filed 8/29/05, effective 9/29/05)

WAC 434-335-030   Initial application for certification.   Any person or corporation (applicant) owning or representing a voting system or a vote tabulating system, part of a system, equipment, materials or procedure may apply in writing to the secretary of state for certification December 1st and ending ((May)) June 30th the following year. Certification examinations and hearings are only conducted between January 1st and ((July)) September 15th of each year.

(1) The application must include, but is not limited to, the following information:

(a) Description of the applicant, business address, customer references, and list of election products.

(b) Description of the equipment under review, version numbers, release numbers, operating and maintenance manuals, training materials, and technical and operational specifications.

(c) Documentation of all other states that have tested, certified and used the equipment in a binding election, and the length of time used in that state. The information for each state must include the version numbers of the operating system, software, and firmware, the dates and jurisdictions, and any reports compiled by state or local governments concerning the performance of the system.

(d) A monetary deposit as described in WAC 434-335-080.

(e) A copy of a letter from the applicant to each independent testing authority (ITA) which:

(i) Directs the ITA to send a copy of the completed ITA qualification report to the secretary of state;

(ii) Authorizes the ITA to discuss testing procedures and findings with the secretary of state; and

(iii) Authorizes the ITA to allow the secretary of state to review all records of any qualification testing conducted on the equipment.

(f) A technical data package (TDP) conforming to the 2002 FEC Federal Voting Systems Standards (FVSS), Vol. II, Sec. 2 standards that includes:

(i) Identification of all COTS hardware and software products and communications services used in the operation of the voting system (ref. FVSS, 2.2.1.e);

(ii) A system functionality description (ref. FVSS, 2.3);

(iii) A system security specification (ref. FVSS, 2.6);

(iv) System operations procedures (ref. FVSS, 2.8);

(v) System maintenance procedures (ref. FVSS, 2.9);

(vi) Personnel deployment and training requirements (ref. FVSS, 2.10);

(vii) Configuration management plan (ref. FVSS, 2.11);

(viii) System change notes (if applicable, ref. FVSS, 2.13);

(ix) A system change list, if any, of modifications currently in development; and

(x) A system usability testing report.

(2) The source code of an electronic voting system must be placed in escrow and be accessible by the secretary of state under prescribed conditions allowing source code review for system verification.

(3) All documents, or portions of documents, containing proprietary information are not subject to public disclosure. The secretary of state must agree to use proprietary information solely for the purpose of analyzing and testing the system, and to the extent permitted by law, may not use the proprietary information or disclose it to any other person or agency without the prior written consent of the applicant.

[Statutory Authority: RCW 29A.04.611. 05-18-022, 434-335-030, filed 8/29/05, effective 9/29/05.]


AMENDATORY SECTION(Amending WSR 06-11-042, filed 5/10/06, effective 6/10/06)

WAC 434-335-190   Restricted period.   No modification, change, or other alteration to voting or vote tabulating system, equipment, or component may be installed in a county between ((July)) June 15th and November 30th of the same year.

[Statutory Authority: RCW 29A.04.611. 06-11-042, 434-335-190, filed 5/10/06, effective 6/10/06; 05-18-022, 434-335-190, filed 8/29/05, effective 9/29/05.]

Washington State Code Reviser's Office