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WAC 434-335-040

Voting system requirements.

(1) No voting device or its component software may be certified by the secretary of state unless it:
(a) Secures to the voter secrecy in the act of voting;
(b) Permits the voter to vote for any person for any office and upon any measure that he or she has the right to vote for;
(c) Correctly registers all votes cast for any and all persons and for or against any and all measures;
(d) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or vote tally system except when voting for President and Vice President of the United States;
(e) Produces a machine countable and human readable paper record for each vote that may be accepted or rejected by the voter before finalizing his or her vote. The paper record of an electronic vote may not be removed from the device by the voter. If the voting device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by the voter; and
(f) Has been tested and approved by the appropriate voting system test laboratory approved by the United States election assistance commission.
(2) No vote tabulating system may be certified by the secretary of state unless it:
(a) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;
(b) Ignores votes marked for any office or issue where more than the allowable number of votes have been marked, but correctly counts the properly voted portions of the ballot;
(c) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each office, and total votes for and against each ballot measure on the ballot in that precinct;
(d) Produces precinct and cumulative totals in printed form; and
(e) Produces legislative and congressional district totals for statewide races and issues in electronic and printed form.
(3) A vote tabulating system must:
(a) Be capable of being secured with lock and seal when not in use;
(b) Be secured physically and electronically against unauthorized access;
(c) Not be connected to, or operated on, any electronic network including, but not limited to, internal office networks, the internet, or the world wide web. A network may be used as an internal, integral part of the vote tabulating system but that network must not be connected to any other network, the internet, or the world wide web; and
(d) Not use wireless communications in any way.
[Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-335-040, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-040, filed 1/21/09, effective 2/21/09; WSR 08-15-052, § 434-335-040, filed 7/11/08, effective 8/11/08; WSR 06-11-042, § 434-335-040, filed 5/10/06, effective 6/10/06; WSR 05-18-022, § 434-335-040, filed 8/29/05, effective 9/29/05.]
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