Effective Date of Rule: Thirty-one days after filing.

     Purpose: To adopt procedures regarding recounts, signature verification equipment, orientation training, and motor voter, election reports, and voter intent.

     Citation of Existing Rules Affected by this Order: Repealing WAC 434-262-106, 434-262-108, 434-326-005, 434-326-010, 434-326-015, 434-326-020, 434-326-025, 434-326-030, 434-326-035, 434-326-040, 434-326-045, 434-326-050, 434-326-055, 434-326-060, 434-326-065, and 434-326-900; and amending WAC 434-250-070, 434-250-130, 434-250-310, 434-250-330, 434-260-170, 434-260-240, 434-261-070, 434-261-075, 434-262-030, and 434-335-010.

     Statutory Authority for Adoption: RCW 29A.04.611.

      Adopted under notice filed as WSR 07-09-094 on April 18, 2007.

     Changes Other than Editing from Proposed to Adopted Version:

•	WAC 434-264-040, county canvassing boards are encouraged to request additional observers from the major political parties, as space allows.

•	WAC 434-264-110, precinct or batch numbers are required to be made available to observers.

•	Voting intent standards are incorporated into WAC 434-261-086.

•	WAC 434-250-330, to maintain the secrecy of each voter's ballot, the voter's information must not be recorded in the same order that his or her ballot was cast.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 2, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 23, Amended 7, Repealed 16.

     Number of Sections Adopted Using Negotiated Rule Making: New 28, Amended 10, Repealed 16;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: May 30, 2007.

Sam Reed

Secretary of State

OTS-9624.7

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

WAC 434-250-070   Forwarding ballots.   (1) If the county auditor chooses not to forward ballots, the return envelope must clearly indicate the ballot is not to be forwarded and return postage is guaranteed.

     (2) If the county auditor chooses to forward absentee ballots, as authorized by RCW 29A.40.091, the county auditor must include with the ballot an explanation ((that is)) of qualifications necessary to vote and instructions substantially similar to the following:

     ((For each jurisdiction listed on the ballot, you must reside in the jurisdiction in order to vote for that office or issue.)) If you have changed your permanent residence address, please contact your county auditor to ensure the ballot you receive in future elections contains the races and issues for your residential address. If you have any questions about your eligibility to vote in this election, please contact your county auditor.

     ((This)) The above instructions and the explanation required by RCW 29A.40.091 may be provided on the ballot envelope, on an enclosed insert, or on the ballot itself. Auditors must begin to provide the above instruction to voters no later than January 1, 2008. The county auditor must utilize postal service endorsements that allow:

     (a) The ballots to be forwarded((, allow));

     (b) The county auditor to receive from the post office the addresses to which ballots were forwarded((,)); and ((allow))

     (c) The return of ballots that were not capable of being forwarded. ((If the above explanation is not provided to the voter, the return envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.))

[Statutory Authority: RCW 29A.04.611. 05-17-145, § 434-250-070, filed 8/19/05, effective 9/19/05.]

     (1) A record of the date each absentee ballot application was received, the date the ballot was mailed or issued, and the date the ballot was received;

     (2) The number of absentee ballots issued and returned, by legislative and congressional district, for each primary and general election;

     (3) A record of the disposition of each request for an absentee ballot that was not honored;

     (4) A record of the disposition of each returned absentee ballot that was not counted;

     (5) A record of the time and place each time the county canvassing board met ((to process absentee ballots)); and

     (6) A documentation of the security procedures undertaken to protect the integrity of all ballots after receipt, including the seal numbers used to secure the ballots during all facets of the absentee ballot process((; and

     (7) A reconciliation that all absentee ballots counted plus all absentee ballots rejected is equal to the total number of absentee ballots received)).

[Statutory Authority: RCW 29A.04.611. 05-17-145, § 434-250-130, filed 8/19/05, effective 9/19/05.]

     (2) In the event that a primary is to be conducted by mail, the auditor must notify the jurisdiction involved not later than ((forty-five)) seventy-nine days before the primary date.

     (3) In addition to the information required in the notice of election published pursuant to RCW 29A.52.351 and 29A.52.311, a county auditor conducting an election by mail, ((whether for a single jurisdiction or the entire county)) including a county auditor that conducts every election by mail, must also state:

     (a) ((That)) The election will be conducted by mail and regular polling places will not be open;

     (b) The precincts that are voting by mail if it is only specific precincts rather than the entire county;

     (c) The location where voters may obtain replacement ballots;

     (d) ((The amount of)) Return postage is required ((on the return envelope));

     (e) The dates, times and locations of designated deposit sites and sites for voting devices that are accessible to the visually impaired, including the county auditor's office as a polling place.

[Statutory Authority: RCW 29A.04.611. 05-17-145, § 434-250-310, filed 8/19/05, effective 9/19/05.]

     (2) If the persons providing services at the county auditor's office are not employees of the county auditor's office but are persons appointed by the county auditor, the appointees must be representatives of different major political parties and must subscribe to an oath regarding the discharge of duties.

[Statutory Authority: RCW 29A.04.611, 29A.04.530. 06-02-028, § 434-250-330, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611. 05-17-145, § 434-250-330, filed 8/19/05, effective 9/19/05.]

OTS-9614.1

NEW SECTION
WAC 434-260-165   Response to draft special review recommendations.   The county auditor or the county canvassing board must respond, in writing, to the draft election special review recommendations, listing the steps that have been taken or that will be taken to correct any problems listed in the report. Such a response shall be submitted to the review staff not later than ten days following the issuance of the draft special review report.

     Nothing in this section shall prevent the review staff from modifying or amending its recommendations, based on the response received from the county auditor or canvassing board.

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[Statutory Authority: RCW 29A.04.611. 06-14-050, § 434-260-170, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-170, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as § 434-260-170, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-170, filed 8/30/93, effective 9/30/93.]

     (2) Mandatory orientation will consist of ((twelve)) at least eight hours of training in election-related subjects.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-240, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as § 434-260-240, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 94-07-018, § 434-60-240, filed 3/8/94, effective 4/8/94.]

OTS-9325.3

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

WAC 434-261-070   Manual inspection of ballots.   (1) Upon receiving absentee ballots and upon breaking the seals and opening the ballot containers from the precincts, all voting positions on voted ballots shall be manually inspected on both sides of the ballot to determine whether the ballot ((will be)) is readable by the vote tabulating system. This manual inspection is a required part of processing ballots.

     (2) The inspection of ballots tabulated at the poll site is not required provided that the poll site ballot programming provisions of RCW 29A.44.340 are in effect.

     (3) If the manual inspection process detects any physically damaged ballots, unreadable ballots which might not be correctly counted by the tabulating equipment, or marks that differ from those specified in the voting instructions, ((but the marks clearly form a discernible and consistent pattern on the ballot to the extent that the voter's intent can be clearly determined,)) the county auditor ((may either:

     (a) Refer the ballots to the county canvassing board; or

     (b) Duplicate the ballots if authorized by the county canvassing board.

     If the voter's intent is not clear, the ballot must be referred)) shall refer such ballots to the county canvassing board to be counted according to the statewide standards on what is a vote, as provided in WAC 434-261-086. The county canvassing board shall make the final determination of voter intent for ballots not addressed in the statewide standards on what is a vote.

     (4) The county canvassing board may delegate duplication of the ballots consistent with RCW 29A.60.140.

[Statutory Authority: RCW 29A.04.611. 06-11-042, § 434-261-070, filed 5/10/06, effective 6/10/06; 05-17-145, § 434-261-070, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-261-070, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-261-070, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-261-070, filed 10/13/97, effective 11/13/97.]

     (((a))) (1) Only votes for offices or measures for which the voter is eligible are counted.

     (((b))) (2) The candidate or measure response position for which the voter is voting can be clearly identified.

     (((c))) (3) The ballot issued is not returned, or if returned, contains no marks indicating an attempt to vote it.

     (((d))) (4) A valid signature on an absentee oath is ((on file with the county auditor)) received with the voting responses.

     The votes accepted must then be duplicated to a ballot that can be read by the electronic voting equipment.

     (((2) Corrected absentee ballots shall be counted in the following manner:

     (a) If a voter follows the instructions for correcting a vote, either the written instructions or other instructions given to the voter by the county auditor, the correction shall be made by duplicating the ballot and then tabulating the duplicated ballot.

     (b) If a voter appears to have corrected the ballot in a manner other than as instructed, the vote for that candidate or issue shall not be tabulated unless the voter provides written instructions directing how the vote should be counted or has clearly attempted to erase a mark.

     (3) If a voter has indicated a write-in vote on the ballot which duplicates the name of a candidate who already appears on the ballot for the same office, the ballot shall be duplicated to count one vote for the candidate indicated. Such a vote shall be counted pursuant to RCW 29A.60.021.

     (4) If a ballot contains marks that differ from those specified in the voting instructions, those marks shall not be counted as valid votes unless there is a discernable and consistent pattern, to the extent that the voter's intent can clearly be determined. If there is such a pattern, the ballot shall be duplicated to reflect the voter's intent.))

[Statutory Authority: RCW 29A.04.611. 06-14-047, § 434-261-075, filed 6/28/06, effective 7/29/06; 05-17-145, § 434-261-075, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-261-075, filed 3/12/02, effective 4/12/02.]

     (a) Target area. Any marks made in the target area shall be counted as valid votes. Any marks made outside of the target area will only be valid if they fulfill the consistent pattern requirements in (b) of this subsection. Exceptions:

     (i) Obvious stray marks.

     (ii) Hesitation marks.

     (iii) Parts of written notes.

     (iv) Corrected votes, according to the instructions printed on the ballot or written instructions provided by the voter, which may include arrows, circles, and written words.

     (b) Consistent pattern. Marks made outside of the target area shall only be counted as valid votes if a consistent pattern of marks is used throughout the whole ballot. This means that all races and issues for which the voter has indicated a choice must have the same mark. If some marks are in the target area and some are not, but the same type of mark is used throughout the whole ballot, they shall all be counted as valid votes.

     (c) Corrected votes. If more than one target area is marked, it is not an overvote if the voter has followed the instructions for correcting a vote and marked another choice.

     (d) Not a correction. If the voter has both marked a choice correctly and also placed an 'X' in the same target area, but has not marked a second target area as if attempting to correct the vote, it shall be counted as a valid vote.

     (e) Written instructions. If the voter has attempted to correct a vote and provides written instruction on his or her intent, it shall be counted as the voter instructed. Written instruction includes words, circles, or arrows.

     (f) Identifying marks. Ballots that have a legible signature, address sticker or address stamp anywhere on the ballot, other than a write-in line, must be rejected. Initials or illegible signatures do not disqualify a ballot.

     (g) Overvotes. Races or issues that have more target areas marked than are allowed are overvotes. No votes for that race or issue shall be counted.

     (h) No bubble. If a name is written on a write-in line, it shall be counted as a valid write-in vote regardless of whether the corresponding target area is marked.

     (i) Already on the ballot. If the name of a candidate who is already printed on the ballot is written in, that vote shall not be tallied as an overvote, but shall be counted as a valid vote for the printed candidate. This applies even if both target areas are marked or no target areas are marked.

     (j) Name variations. If a write-in vote is cast for a declared write-in candidate using a commonly recognizable nickname or spelling variation, it shall be counted as a valid vote for that candidate.

     (k) Mystery write-in. If the write-in target area is marked, but no name is written on the line, it shall not be counted as a valid vote, even though it may be tallied as a write-in vote by the tabulation system.

     (l) Mystery write-in with a candidate. If a candidate's target area is marked, and the write-in target area is marked but no name is written on the line, it shall not be tallied as an overvote, but shall be counted as a valid vote for the printed candidate.

     (m) Name combinations. If a write-in vote is cast for a candidate with a combination of names already on the ballot, it shall NOT be counted as a vote for either printed candidate, but rather shall be counted as a valid vote for the name as written.

     (n) Write-in overvote. If a candidate's target area is marked and something other than that candidate's name is written in the write-in response area, it shall be counted as an overvote and not a valid vote for any candidate. This applies whether or not the target area for the write-in is marked.

     (o) Not eligible. A write-in vote for a race that does not appear on the ballot is for a race on which the voter is not eligible to vote, and shall not be counted.

     Exception: If a provisional ballot has been cast and the voter has written in an office or measure that is not on the ballot, that vote shall be counted if it is determined, based on the voter's registration, that he or she is eligible to vote for that office or measure.

     (p) Write-in in the wrong place. A write-in vote for a race appearing elsewhere on the ballot shall be counted as a valid vote, as long as all other requirements are fulfilled and the office, position number and political party, if applicable, are clearly indicated.

     (q) Messy marks. When otherwise valid votes marked for a candidate partially extend into the response area of another candidate, it shall be counted as a vote if most of the mark is in the proper area and intent can easily be discerned.

     (r) Pattern of partisan voting. Voter intent in any single contest shall not be determined based on a pattern of partisan voting on the ballot.

     (s) Anything else. Voter intent on any questionable marks not explicitly falling within the parameters of the rules in this manual must be determined by county canvassing boards, operating under all applicable laws of the state of Washington and the rules of the canvassing board manual.

     (2) The secretary of state shall publish an illustrated version of these standards in each optical scan and digital scan voting system used in the state. The secretary of state shall distribute the illustrated version to each county canvassing board and post it on the web site.

     (3) The secretary of state shall periodically review and update the manual as necessary, and seek input from county canvassing boards and other interested parties to ensure that the standards remain current and comprehensive.

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OTS-9648.3

AMENDATORY SECTION(Amending WSR 06-14-046, filed 6/28/06, effective 7/29/06)

WAC 434-262-030   County auditor's abstract of votes.   No later than the ((tenth)) fifteenth day following any primary or special election and the twenty-first day following any general election the county canvassing board shall meet and canvass all ballots. Upon completion of this canvass, the board shall direct the county auditor to prepare the auditor's abstract of votes as defined by WAC 434-262-010. The reconciliation of absentee and vote by mail ballots must include documentation that the number of ballots counted plus the number of ballots rejected is equal to the number of ballots received. In addition, county auditors must provide any additional information necessary to explain variances between the number of ballots counted compared to the number of ballots received and credited. The oaths and the reconciliation report must be substantially similar to the following:

[Statutory Authority: RCW 29A.04.611. 06-14-046, § 434-262-030, filed 6/28/06, effective 7/29/06; 05-17-145, § 434-262-030, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-262-030, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-030, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-030, filed 10/3/80.]

     The following sections of the Washington Administrative Code are repealed:

WAC 434-262-106	Machine recount of votes cast on direct recording electronic devices.
WAC 434-262-108	Manual recount of votes cast on direct recording electronic devices.

OTS-9625.5

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     However, if any ballots or votes are discovered during the recount process that were not originally counted, the ballots shall be presented to the county canvassing board in accordance with RCW 29A.60.021, and the county canvassing board shall determine whether such ballots are to be included in the recount.

     Nothing in this section shall preclude the county canvassing board from canvassing a ballot or a vote not canvassed during the original or previous count.

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     Any questions or objections by observers must be directed toward the county canvassing board, supervisory personnel or another designated staff person present at the recount. Under no circumstance may an observer interrupt the recount process in objection to the decision to count or not count a ballot.

     The county auditor shall provide a copy of any additional guidelines that are established by the county canvassing board to each observer.

     The county canvassing board or its designated representative may ask any observer who is causing a disruption to the recount process to leave the area.

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     (2) One observer representing each candidate or the proponents or opponents to a measure may also be permitted to observe each counting board's process.

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     (1) Candidates of the affected race or their designated representative or to the designated representative for the proponents and opponents of any measure;

     (2) Each candidates' or representatives' counsel;

     (3) Designated party observer;

     (4) Additional observers for the candidates or ballot measure proponents or opponents; and then

     (5) General public and media.

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     (a) A continuous paper record must be utilized in the audit; the paper record must not be cut into separate individual records; and

     (b) If a paper record indicates a ballot has been canceled, the ballot must be exempt from the recount.

     (2) The county auditor must compare the hand recount results with the original results. The county auditor may take any necessary actions to investigate and resolve discrepancies.

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     The county canvassing board must make the final determination of voter intent on ballots referred to the county canvassing board not addressed by the statewide standards on determining voter intent.

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     (1) One representative from each of the two major political parties and one observer or staff person;

     (2) Two staff persons and one observer; or

     (3) Three staff persons.

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     (1) Each counting board shall be given the ballots one precinct or batch at a time. The results from the original count shall not be given with the ballots. The precinct or batch number must be made available to any observers.

     (2) The ballots shall be sorted into separate stacks for each of the candidates or side of a ballot measure. Additional stacks may be created for overvotes, undervotes, and write-ins.

     (3) Each stack of ballots must be counted at least twice to confirm the number of votes in each stack. The results of the count shall not be shared until both persons have counted the ballots.

     (4) Individual tallies for each stack shall be compared. If the counts match, the results shall be reported to the designated staff person and the results shall be compared to the results of the original count.

     (5) If the counts do not match, the ballots shall be counted by the same counting board one more time. If the counts still do not match, the discrepancy must be reported to the designated staff person and the ballots referred to another counting board.

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     (1) The county auditor shall prepare an amended abstract of the recounted ballots for the county canvassing board. The amended abstract shall include a revised cumulative summary, as well as the votes cast in each precinct for the office or measure that was recounted.

     (2) The results must be formally reviewed and approved by the county canvassing board.

     (3) If the results of the manual count do not match the results of the original count, the county canvassing board shall verify all ballots have been recounted. The county canvassing board shall take all necessary steps to investigate and resolve any discrepancies.

     (4) The county canvassing board shall certify the amended abstract that, for each precinct, displays the results of the office that has been recounted. The new abstract shall be included in the amended certified canvass report.

     (5) Copies of the certified amended abstract will be distributed to the same persons or agencies as the original certified abstract of votes.

     (6) The amended certified canvass report must be available to the public by the next business day following the recount.

     (7) Interim reports of the recount may be published at the discretion of the county canvassing board.

     (8) If the recount involves ballots from more than one county, the secretary of state may require that amended abstracts be certified by each county canvassing board on a uniform date.

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OTS-9647.4

AMENDATORY SECTION(Amending WSR 05-24-039, filed 11/30/05, effective 12/31/05)

WAC 434-324-005   Definitions.   As used in this chapter:

     (1) "Active status" means a designation assigned to voters with complete voter registration records signifying that the voter is eligible to vote.

     (2) "Applicant" means a person who has applied, or is applying, to become a registered voter in the state of Washington.

     (3) "Auditor" means "county auditor" and means the county auditor in a noncharter county or the officer in a charter county, irrespective of title, having the overall responsibility to maintain voter registration to conduct state and local elections.

     (4) "County election management system" means software used by county auditors to manage computer files pertaining to elections and includes, but is not limited to, voter registration records.

     (5) "County registration number" means a ((unique)) identifier assigned to each registered voter by the county auditor.

     (6) "Motor voter data" means computer information concerning an applicant that is common to both driver's license and voter registration records. This includes name, address, date of birth, sex, the date of the application, the location of the office where the application was submitted, the applicant's driver's license number, the applicant's Social Security number (if provided), and the applicant's previous driver's license number if the applicant has changed names.

     (7) "Extraction," as used in this chapter, means the creation of an electronic list of specific information from the entire official statewide voter registration data base.

     (((7))) (8) "Late registration absentee ballot" means an absentee ballot cast by a voter who registered pursuant to RCW 29A.08.145 after the close of the regular registration period.

     (((8))) (9) "Licensing agent" or "agent" means the employees serving the public at driver's licensing offices operated by the department of licensing.

     (10) "New county" means a county in Washington state that a registered voter is moving to from another county within Washington state.

     (((9))) (11) "Previous county" means a county in Washington state that a registered voter lived in prior to moving to a new county.

     (((10))) (12) "Pending status" means a voter registration record is not yet complete, and the applicant is not yet a registered voter.

     (((11))) (13) "Pending cancellation" means the registered voter's registration record ((will)) must be canceled within a specified amount of time and he or she is not eligible to vote.

     (((12))) (14) "Registered voter" means any elector who has completed the statutory registration procedures established by Title 29A RCW.

     (((13))) (15) "Secretary" means secretary of state or any other person authorized by the secretary of state to act on his or her behalf.

     (((14))) (16) "State registration number" means a unique identifier assigned to each registered voter by the state, pursuant to RCW 29A.08.651.

[Statutory Authority: RCW 29A.04.611. 05-24-039, § 434-324-005, filed 11/30/05, effective 12/31/05.]

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     (1) Residence address for voting purposes, if it is different from the address on the driver's license;

     (2) Previous address at which he or she was registered to vote;

     (3) Confirmation by checking the appropriate boxes that he or she is a United States citizen and will be eighteen years of age or older at the time of the next election; and

     (4) Military status by checking the appropriate box on the application.

     Additionally the applicant may optionally provide the following information in writing:

     (a) Daytime phone number; and

     (b) E-mail address.

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     The secretary of state shall produce a list of voter transactions by county. This list shall be transmitted to each county and shall contain at least the voters' names, addresses, mailing addresses, and birthdates.

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     These records shall be processed by entering the applicant's information into the county auditor's local data base and sending the information to the statewide voter registration data base. A voter identification number, precinct codes, levy codes and any other information assigned to regular registrations shall be assigned to motor voter registrations.

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OTS-9628.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 434-326-005	Authority and purpose.
WAC 434-326-010	Definitions.
WAC 434-326-015	Voter registration at driver license facilities.
WAC 434-326-020	Registration procedure.
WAC 434-326-025	Obtaining additional information from the applicant.
WAC 434-326-030	Oaths and warnings.
WAC 434-326-035	Cancellation of previous name registration.
WAC 434-326-040	Transfer of information from the department of licensing to the secretary of state.
WAC 434-326-045	Weekly transmittal of data from the department of licensing to the secretary of state.
WAC 434-326-050	Transfer of data, and reports from the secretary of state to the county auditors.
WAC 434-326-055	Transfer of voter registration forms to counties.
WAC 434-326-060	Processing records received from the secretary of state.
WAC 434-326-065	Reimbursement of county auditors and the department of licensing for routine transaction costs.
WAC 434-326-900	Reimbursement of county auditors and the department of licensing for costs associated with implementation of this chapter.

OTS-9626.3

AMENDATORY SECTION(Amending WSR 06-14-050, filed 6/28/06, effective 7/29/06)

WAC 434-335-010   Certification of voting equipment.   All voting systems, voting devices, and vote tallying systems must meet applicable federal standards and be certified and approved by the secretary of state before they can be used in Washington state pursuant to RCW ((29A.12.080 and meet the applicable federal standards)) 29A.12.020.

[Statutory Authority: RCW 29A.04.611. 06-14-050, § 434-335-010, filed 6/28/06, effective 7/29/06; 05-18-022, § 434-335-010, filed 8/29/05, effective 9/29/05.]

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     Prior to approval, an automated signature verification system must:

     (1) Be able to integrate with the election management system in use by the test county and the ballot accountability processes implemented by the county;

     (2) Have variable levels of confidence which the county may adjust and set to the level as subscribed by the secretary of state in the system's approval report; and

     (3) Provide a setting that must not accept a signature that an election worker with required signature training should not accept.

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     (1) The version number of the signature verification software must be the same as the version number of the software approved by the secretary of state. Any hardware must be the same model number and contain the same version of firmware that is certified by the secretary of state.

     (2) The county auditor must receive all training and manuals necessary for the proper operation of the system.

     (3) The county auditor must perform a series of tests to verify that the software is not accepting signatures that the county auditor's trained signature verification personnel would not accept. The test should include the county auditor's own signature envelopes, and be run against the county auditor's election management system signatures.

     (4) The county auditor must perform a series of tests to verify the system integrates with the county election management system and ballot accountability processes.

     (5) The county auditor must include the secretary of state where the signature verification system is being integrated with an election management system that has not been previously approved for that system.

     (6) When participation by the secretary of state is not required under these rules, the county auditor must certify the results of the acceptance tests to the secretary of state. The certification must include version numbers of hardware, software and firmware installed and tested and ballot accountability procedures which incorporate the signature verification system.

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