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Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-026 - Voter registration form

Current through Register Vol. 24-14, July 15, 2024
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Statutory Authority:
				  RCW
				   29A.04.611. 12-14-074, § 434-324-026,
				  filed 7/2/12, effective 8/2/12; 10-03-072, § 434-324-026, filed 1/18/10,
				  effective 2/18/10.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-031 - Electronic voter registration

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary of state's electronic voter
			 registration web page must have the capability to:
(a) Reject applicants without a Washington
			 state driver's license, state identification card, or valid tribal
			 identification as required by
			 RCW
			  29A.08.123;
(b) Require the applicant to affirmatively
			 assent to the use of the applicant's driver's license, state identification
			 card, or valid tribal identification card signature for voter registration
			 purposes;
(c) Require the applicant
			 to attest to the truth of the information provided on the
			 application;
(d) Retrieve a digital
			 copy of each applicant's driver's license or state identification card
			 signature from the department of licensing or from an issuer of tribal
			 identification that has agreed to make digitized signature information
			 available for this purpose, and include it with the other information required
			 for each applicant's voter registration; and
(e) Electronically transfer all information
			 required for each applicant's voter registration to their county auditor for
			 entry into the statewide voter registration database.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-034 - Confidentiality of protected records voter information

Current through Register Vol. 24-14, July 15, 2024
All records pertaining to a protected records voter shall be
				maintained in a manner that ensures that the records are accessible only to
				authorized personnel. Information for a protected records voter shall not be
				maintained on any voter registration data base and shall not be publicly
				accessible, except as provided by chapter 40.24 RCW.
Statutory Authority:
				  RCW
				  29A.04.611. 09-03-110, § 434-324-034,
				  filed 1/21/09, effective 2/21/09.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-036 - County-to-county transfers

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 registered voter may transfer their registration to another county by
			 submitting a new voter registration application, or returning a signed
			 confirmation notice that provides the minimum information required for a
			 county-to-county transfer: Name, residential address, date of birth or voter
			 registration number, and signature on the voter registration
			 declaration.
(2) The county auditor
			 shall expedite the mailing of a confirmation notice to complete the
			 county-to-county transfer.
The minimum information necessary to complete the transfer to
				the new county is:
(a) Name;
(b) Residential address;
(c) A signature on the oath in
			 RCW  29A.08.230;
			 and
(d) Either date of birth or
			 voter ID number.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-045 - Verification of applicant's identity

Current through Register Vol. 24-14, July 15, 2024
(1) If the applicant is provisionally
			 registered pursuant to WAC
			 434-324-040, the county auditor
			 may use other government resources and public records to confirm the
			 applicant's driver's license or state identification card number, valid tribal
			 identification card, or the last four digits of the applicant's Social Security
			 number. The county auditor may also attempt to contact the applicant by phone,
			 email or other means to obtain identification information.
(2) If, after these attempts, the county
			 auditor is still unable to verify the applicant's identity, the county auditor
			 must send the applicant an identification notice at the time of registration
			 that includes a postage prepaid, preaddressed form by which the applicant may
			 verify or send additional information. The identification notice must include:
(a) A statement explaining that because the
			 applicant's identity cannot be verified with the information provided on the
			 application, they have been provisionally registered to vote.
(b) A statement explaining that if this
			 additional information is not provided, the applicant's ballot will not be
			 counted.
(c) A statement explaining
			 that federal law requires the applicant to provide their driver's license
			 number, state identification card number, valid tribal identification card
			 number or the last four digits of their Social Security number, or a copy of
			 one of the following forms of identification, either before or when they vote:
(i) Valid photo identification;
(ii) A valid enrollment card of a federally
			 recognized tribe in Washington;
(iii) A current utility bill, or a current
			 bank statement;
(iv) A current
			 government check;
(v) A current
			 paycheck; or
(vi) A government
			 document, other than a voter registration card, which shows both the
			 registrant's name and current address.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-055 - Duplicate voter registration search conducted by secretary

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of an applicant's electronic voter registration
				record from the auditor, and on a daily basis, the secretary must search for
				potential duplicate registration records in the official statewide voter
				registration database by comparing the applicant's name and date of birth or
				other identifying information provided by the applicant on the voter
				registration form. Duplicates will be determined by comparing the signatures on
				all available records. If a voter is transferring their registration to a new
				county or if any other information on the application has been updated, the
				auditor of the new county must update the registration record in the state
				database.
Statutory Authority:
				  RCW
				   29A.04.611. 07-02-100, § 434-324-055,
				  filed 1/3/07, effective 2/3/07; 06-11-041, § 434-324-055, filed 5/10/06,
				  effective 6/10/06; 05-24-039, § 434-324-055, filed 11/30/05, effective
				  12/31/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-076 - Voter registration updates

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
			 RCW
			  29A.08.140, a person already registered to
			 vote in Washington may update their registration by submitting an address
			 change using a registration application or making notification via any
			 non-in-person method that is physically received by an election official no
			 later than eight days before election day, or by appearing in person no later
			 than 8:00 p.m. on election day.
(2)
			 The county auditor may request additional identifying information before
			 processing a voter registration update submitted on behalf of a family or
			 household member.
(3) If a voter
			 submits a registration transfer to a new county by the statutory deadline, but
			 the voter's previous county issued the voter a ballot before the transfer is
			 processed and the voter's ballot issued by the previous county was received but
			 not yet accepted, the previous county must mail the suspended ballot to the
			 voter's new county. If any races or issues on the suspended ballot from the
			 previous county are applicable to the voter's residential address in the new
			 county, the votes on those races and issues should be counted by the new county
			 only when the voter does not vote and return a current ballot, or when the
			 current ballot cannot be processed due to incorrect or incomplete information
			 on the ballot envelope.
(4) If a
			 participant in the future voter program established under
			 RCW
			  29A.08.170 submits an address change, the
			 county auditor must change the address listed on the application.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.08.420,
				  29A.24.131,
				  29A.40.110, 29A.46.020, and
				  29A.80.041. 10-14-091, §
				  434-324-076, filed 7/6/10, effective
				  8/6/10.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-085 - Acknowledgment notice

Current through Register Vol. 24-14, July 15, 2024
(1) The auditor
			 must send an acknowledgment notice to an individual by nonforwardable, address
			 correction requested mail if an individual:
(a) Registers to vote;
(b) Transfers their registration record
			 within the county;
(c) Transfers
			 their registration record from another county within Washington state;
			 or
(d) Changes from one precinct to
			 another because of a change in precinct boundaries.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-087 - Confirmation notice

Current through Register Vol. 24-14, July 15, 2024
(1) When a voter is
			 placed on inactive status, the county auditor must send a confirmation notice
			 to the voter by first-class forwardable mail, and must include a response form
			 that:
(a) Is preaddressed and postage
			 prepaid;
(b) Includes either the
			 voter's date of birth or voter registration number;
(c) Asks the voter to verify their current
			 address; and
(d) Asks the voter to
			 sign the oath in
			 RCW
			  29A.08.230.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-090 - Cancellation due to death-Process

Current through Register Vol. 24-14, July 15, 2024
(1) An auditor must cancel the voter
			 registration records of a deceased voter as authorized by
			 RCW
			  29A.08.510.
(2) In addition to comparing a list of
			 deceased persons prepared by the registrar of vital statistics with voter
			 registration records pursuant to
			 RCW
			  29A.08.510, the secretary may also compare
			 voter registration records with deceased persons' information from the Social
			 Security Administration. Comparisons must be conducted on a monthly basis. For
			 any potential matches identified through the registrar of vital statistics or
			 Social Security Administration, the secretary must confirm that the dates of
			 birth are identical. The secretary must generate a county list of matching
			 names, identified as potentially deceased voters, and provide the names to each
			 auditor electronically. The auditor must review the list and approve or reject
			 the proposed cancellations. The secretary may assist the auditor with this
			 review.
(3) The county auditor must
			 remove a participant from the future voter program established under
			 RCW
			  29A.08.170 upon receipt of documentation from
			 Vital Statistics, Social Security Administration, official death certificate,
			 or written confirmation from another registered voter that the participant is
			 deceased.
Statutory Authority:
				  RCW
				   29A.04.611. 09-18-098, § 434-324-090,
				  filed 9/1/09, effective 10/2/09; 06-11-041, § 434-324-090, filed 5/10/06,
				  effective 6/10/06; 05-24-039, § 434-324-090, filed 11/30/05, effective
				  12/31/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-095 - Cancellation due to death - Forms

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 29A.08.510, the auditor must furnish to the
				public upon request forms for the purpose of permitting registered voters to
				request that the voter registration record of any person, whom they personally
				know to be deceased, be canceled.
Statutory Authority:
				  RCW
				  29A.04.611. 09-18-098, § 434-324-095,
				  filed 9/1/09, effective 10/2/09; 05-24-039, § 434-324-095, filed 11/30/05,
				  effective 12/31/05. Statutory Authority: RCW  29A.04.610. 04-15-089, §
				  434-324-095, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW
				   29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-095,
				  filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-095,
				  filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-095, filed
				  6/3/74.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-103 - Verification notices

Current through Register Vol. 24-14, July 15, 2024
A verification notice must be sent when a voter registration
				application does not contain all the minimum information required in
				RCW
				 29A.08.010. The notice must be sent by
				first-class forwardable mail and must include a response form that:
(1) Is preaddressed and postage paid or is
			 accompanied by a pre-addressed and postage paid return envelope.
(2) Requests that the applicant provide the
			 missing information only.
(3)
			 Requests that the applicant provide the missing information within 45 days from
			 the date the verification notice was mailed.
If the applicant does not respond by the 45 day deadline, the
				voter registration application is considered void.
(4) The county auditor shall mail a
			 verification notice to a primary-only voter, as defined in WAC 434-232-010, no
			 earlier than 90 days before the primary that they are eligible to participate
			 in.
(5) The county auditor shall
			 not mail a verification notice to a participant in the future voter program
			 established under
			 RCW
			  29A.08.170 until the participant becomes a
			 registered voter.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-106 - Felony screening process-Potential match check

Current through Register Vol. 24-14, July 15, 2024
(1) The right to vote is restored following a
			 felony conviction that includes serving a sentence of total confinement upon
			 release from total confinement as established in RCW  29A.08.520.
(2)
(a) The
			 secretary of state must compare lists of persons held in total confinement for
			 a felony conviction with the list of registered voters, to identify individuals
			 appearing on both lists.
(b) Upon
			 receiving new data, or at least on a monthly basis, the secretary must compare
			 the voter registration records to lists of persons who have been:
(i) Convicted of a felony in Washington state
			 court and are serving a sentence of total confinement under the jurisdiction of
			 the Washington state department of corrections, when lists of such persons are
			 provided by the department of corrections.
(ii) Convicted by a federal court or any
			 state court other than a Washington state court and currently serving a
			 sentence of total confinement, when lists of such persons are provided by
			 federal or other state authorities.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-1065 - Felony screening process- Mailing to potential matches

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary
			 must mail a notification letter to each registered voter identified through the
			 process set forth in WAC
			 434-324-106.
(2) The notification letter must contain
			 language informing the person:
(a) That they
			 are potentially a voter whose status is pending cancellation;
(b) That they must contact their county
			 auditor's office to contest the pending cancellation;
(c) That they may request a provisional
			 ballot for any pending elections;
(d) That a person serving a sentence of total
			 confinement under the jurisdiction of the department of corrections for a
			 felony conviction, or currently incarcerated due to a felony conviction in
			 another state or federal court loses the right to vote until the right is
			 restored;
(e) Of the reason the
			 person has been declared ineligible to vote;
(f) That the person's voter registration will
			 be canceled due to their total confinement under the jurisdiction of the
			 department of corrections for a felony conviction or incarceration in another
			 state or federal prison for a felony conviction if they do not respond within
			 30 days from the date of the letter; and
(g) How to contest the pending
			 cancellation.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-107 - Felony screening process-Contesting cancellation or canceling

Current through Register Vol. 24-14, July 15, 2024
(1) If a person
			 sent a notification by the secretary under the processes set forth in WAC
			 434-324-1065 fails to contact the auditor within 30 days of the date of the
			 letter, that person's voter registration must be canceled. If an election in
			 which the person would otherwise be eligible to vote is scheduled to occur
			 during the 30 days, the person must be allowed to vote a provisional ballot.
			 Any unreturned ballot issuances for the voter must be suspended and, if
			 returned, held until the question of the person's eligibility can be
			 resolved.
(2) The question of the
			 person's eligibility to vote may be resolved and the pending status reversed
			 if:
(a) The person provides verifiable
			 information that the person is not serving a sentence of total
			 confinement;
(b) The person's
			 voting rights have been restored;
(c) The conviction is not a felony;
(d) The person convicted is not the
			 registered voter;
(e) The person is
			 no longer incarcerated due to a felony conviction in another state or federal
			 court; or
(f) The person is
			 otherwise eligible to vote.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-108 - Incapacitated persons lacking voting rights-Notice from court

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a court order declaring an incapacitated person
				does not retain voting rights as outlined in
				RCW
				 11.130.310, the auditor must search the state
				election management system to determine whether the person is a registered
				voter. If the auditor determines the incapacitated person's name and other
				identifying information match, they must cancel the incapacitated person's
				voter registration and send a cancellation notice to the incapacitated person
				using the last known address.
Statutory Authority:
				  RCW
				   29A.04.611. 12-14-074, § 434-324-108,
				  filed 7/2/12, effective 8/2/12; 06-11-041, § 434-324-108, filed 5/10/06,
				  effective 6/10/06.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-111 - Voluntary cancellation of voter registration

Current through Register Vol. 24-14, July 15, 2024
A voter may cancel their own voter registration by submitting a
				signed written notification to the auditor for the county in which the voter is
				registered to vote. Prior to cancellation of such a registration record, the
				auditor must ensure the signature on the notification matches the signature in
				the voter registration file by utilizing criteria outlined in WAC
				434-261-051. A county auditor may
				not process a voluntary cancellation between the deadline in
				RCW
				 29A.08.140 for updating a registration and
				certification of the primary or election.
A participant in the future voter program established under
				RCW
				 29A.08.170 may be removed from the program by
				submitting a signed written notification to the auditor for the county in which
				they live. The auditor shall process the notification in the same manner as
				other voluntary cancellations.
Statutory Authority:
				  RCW
				   29A.04.611. 05-24-039, § 434-324-111,
				  filed 11/30/05, effective 12/31/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-113 - Lacking the qualifications necessary to vote

Current through Register Vol. 24-14, July 15, 2024
(1) If, at any time, the secretary finds that
			 a registered voter does not possess the qualifications required by state law to
			 exercise their right to vote for reasons not listed in this chapter, the
			 secretary must refer such information to the appropriate county auditor and
			 county prosecutor.
(2) If, at any
			 time, the auditor finds that a registered voter does not possess the
			 qualifications required by state law to exercise their right to vote for
			 reasons not listed in this chapter, the auditor must notify the county
			 prosecutor.
Statutory Authority:
				  RCW
				   29A.04.611. 09-18-098, § 434-324-113,
				  filed 9/1/09, effective 10/2/09; 08-15-052, § 434-324-113, filed 7/11/08,
				  effective 8/11/08; 06-11-041, § 434-324-113, filed 5/10/06, effective
				  6/10/06; 05-24-039, § 434-324-113, filed 11/30/05, effective
				  12/31/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-115 - Challenge of voter's registration

Current through Register Vol. 24-14, July 15, 2024
(1) All county auditors and the secretary of
			 state shall furnish to the public on request forms that allow a registered
			 voter to challenge the registration of another voter pursuant to
			 RCW
			  29A.08.810 through
			 29A.08.850.
			 The secretary of state must make the form available on its web site.
(2) Voter registration challenges filed with
			 the county auditor shall be published on the county auditor's web site as
			 required by
			 RCW
			  29A.08.835. The final decision of the county
			 auditor or canvassing board shall also be posted on the county auditor's web
			 site. The challenge and final decision must remain on the county auditor's web
			 site for one month after the final decision was made.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-324-115, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611. 06-14-050, § 434-324-115,
				  filed 6/28/06, effective 7/29/06. Statutory Authority:
				  RCW
				   29A.08.850. 05-17-094, § 434-324-115,
				  filed 8/15/05, effective 9/15/05. Statutory Authority: RCW  29A.04.610.
				  04-15-089, § 434-324-115, 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 § 434-324-115, filed 10/13/97, effective 11/13/97; Order
				  74-4, § 434-24-115, filed 6/3/74.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-118 - Data auditing of county voter election management system with the official statewide voter registration database (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   29A.04.611. 05-24-039, § 434-324-118,
				  filed 11/30/05, effective 12/31/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-125 - Voter registration database manual

Current through Register Vol. 24-14, July 15, 2024
The secretary of state and each county auditor must conduct
				voter registration list maintenance, process online voter registrations, motor
				voter registrations and agency-based registrations, and update registrations
				according to procedures and instructions in the statewide voter registration
				database manual.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-324-125, filed 12/6/11, effective
				  1/6/12.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-130 - Lists of registered voters for the public

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to the provisions of
			 RCW
			  29A.08.710,
			 29A.08.720 and
			 29A.08.740, the auditor or
			 secretary must furnish to any person, upon request, the current list of
			 registered voters at actual reproduction cost. The auditor or secretary may
			 also provide a list of canceled voters. Auditors may combine these lists. The
			 auditor or secretary may, upon request, select names and addresses from the
			 voter registration records on the basis of the precinct code, the district
			 code, date of registration, or voting history of each individual voter in that
			 portion of the voter registration file. Such lists must contain the information
			 prescribed in
			 RCW
			  29A.08.710 for each registered voter and may
			 be in printed or electronic form.
(2) Such voter registration lists may not be
			 used for commercial purposes. The person making the request must be provided a
			 copy of RCW  29A.08.740.
Statutory Authority:
				  RCW
				  29A.04.611. 09-18-098, § 434-324-130,
				  filed 9/1/09, effective 10/2/09; 06-23-094, § 434-324-130, filed 11/15/06,
				  effective 12/16/06; 06-11-041, § 434-324-130, filed 5/10/06, effective
				  6/10/06; 05-24-039, § 434-324-130, filed 11/30/05, effective 12/31/05.
				  Statutory Authority: RCW  29A.04.610. 04-15-089, § 434-324-130, filed
				  7/16/04, effective 8/16/04. Statutory Authority: RCW  29.04.080, 29.04.210,
				  29.36.150 and 29.79.200. 98-03-033, § 434-324-130, filed 1/13/98,
				  effective 2/13/98; 97-21-045, recodified as § 434-324-130, filed 10/13/97,
				  effective 11/13/97; Order 74-4, § 434-24-130, filed 6/3/74; Order 6, filed
				  3/3/72.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-140 - Requests for list of registered voters

Current through Register Vol. 24-14, July 15, 2024
The auditor or secretary may require each person who requests a
				list of registered voters under the authority of
				RCW
				 29A.08.720 and WAC
				434-324-130 to sign a request
				which includes penalty requirements as set forth in
				RCW
				 29A.08.720 and
				29A.08.740.
Statutory Authority:
				  RCW
				  29A.04.611. 05-24-039, § 434-324-140,
				  filed 11/30/05, effective 12/31/05. Statutory Authority: RCW  29A.04.610.
				  04-15-089, § 434-324-140, 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 § 434-324-140, filed 10/13/97, effective 11/13/97; Order
				  74-4, § 434-24-140, filed 6/3/74. Formerly WAC
				  434-24-130.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-150 - Retaining voter registration records

Current through Register Vol. 24-14, July 15, 2024
The secretary and each county must retain the voter
				registration records according to a retention schedule approved by the state or
				local records committee and promulgated by the archives division of the
				secretary's office. On an annual basis, the secretary must copy all voter
				registration records from the statewide voter registration data base after each
				general election. By December 31st of each year, the secretary must transfer
				the copy to the state archives division for permanent retention. This copy will
				contain all voter registration records in the statewide voter registration data
				base, including active, inactive, and canceled records.
Statutory Authority:
				  RCW
				  29A.04.611. 06-14-050, § 434-324-150,
				  filed 6/28/06, effective 7/29/06; 05-24-039, § 434-324-150, filed
				  11/30/05, effective 12/31/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-165 - Disaster recovery and security plans

Current through Register Vol. 24-14, July 15, 2024
The secretary must maintain disaster recovery and security
				plans for the voter registration data base. A copy of the plans must be stored
				offsite. Both plans are exempt from public disclosure pursuant to
				RCW
				 42.56.420.
Statutory Authority:
				  RCW
				  29A.04.611. 09-18-098, § 434-324-165,
				  filed 9/1/09, effective 10/2/09; 06-11-041, § 434-324-165, filed 5/10/06,
				  effective 6/10/06.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › Section 434-335-005 - Broken or missing seals

Current through Register Vol. 24-14, July 15, 2024
If a seal is missing or broken without authority, all
				subsequent steps taken must be documented and included in a report to the
				canvassing board.
Statutory Authority:
				  RCW
				  29A.04.611. 06-14-050, § 434-335-005,
				  filed 6/28/06, effective 7/29/06.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-010 - Certification of voting equipment

Current through Register Vol. 24-14, July 15, 2024
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.12.020.
Statutory Authority:
					 RCW
					 29A.04.611. 07-12-032, § 434-335-010,
					 filed 5/30/07, effective 6/30/07; 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.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-020 - Voting systems review board

Current through Register Vol. 24-14, July 15, 2024
The voting systems review board may review voting systems for
				  certification and make recommendations to the secretary of state based upon
				  those reviews. The voting systems review board consists of five members, and
				  may include independent experts in computer science or information technology,
				  recognized experts in election administration, and representatives of the
				  public at large. Members of the voting systems review board are appointed by
				  the secretary of state to staggered two year terms. Appointees may be
				  reappointed to serve more than one term. The secretary of state may appoint a
				  new member to fill any vacancy on the board for the remainder of the unexpired
				  term. The duties of the voting systems review board include reviewing an
				  application for certification, as provided in WAC
				  434-335-090, conducting a public
				  hearing on the application, as provided in WAC
				  434-335-100, and making
				  recommendations on the application to the secretary of state, as provided in
				  WAC 434-335-110.
Statutory Authority:
					 RCW
					 29A.04.611. 09-03-110, § 434-335-020,
					 filed 1/21/09, effective 2/21/09; 05-18-022, § 434-335-020, filed 8/29/05,
					 effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-030 - Initial application for certification

Current through Register Vol. 24-14, July 15, 2024
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.
(1) The application
				must include, but is not limited to, the following information:
(a) A description of the applicant, business
				address, and list of election products;
(b) A description of the equipment or
				software under review, the equipment or software version numbers and operating
				and maintenance manuals.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-040 - Voting system requirements

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-050 - Closing an incomplete application

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of an application, the secretary of state
				  examines the application for completeness. If the application is not complete,
				  the secretary of state must notify the applicant in writing of the information
				  required to complete the application. Notification must occur within thirty
				  days of receipt of the application. If all requested information is not
				  received within thirty days of the written notification, the secretary of state
				  deems the application closed. Closure of an application does not prevent the
				  applicant from submitting a new application to the secretary of
				  state.
Statutory Authority:
					 RCW
					 29A.04.611. 05-18-022, § 434-335-050,
					 filed 8/29/05, effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-060 - Examination of equipment

Current through Register Vol. 24-14, July 15, 2024
Secretary of state staff will initiate an examination of the
				  applicant's equipment after receiving a completed application and a working
				  model of the equipment, documentation, and software to be reviewed.
The examination verifies that the system or equipment meets
				  all applicable federal guidelines, and consists of a series of functional
				  application tests designed to ensure that the system or equipment meets
				  Washington state law and rules. The software tested shall be the approved
				  software from the voting system test laboratory.
The examination may include an additional voting system test
				  laboratory test at the discretion of the secretary of state. The examination
				  shall include the set-up and conduct of mock elections, including a machine
				  recount. The elections must feature at least ten precincts, with at least ten
				  ballots in each precinct, and must test split precincts, partisan and
				  nonpartisan offices, and contests that allow the voter to vote for multiple
				  candidates. The tests must include ballots of various ballot styles, and
				  include multiple candidates, write-in candidates and overvoted
				  contests.
Statutory Authority:
					 RCW
					 29A.04.611,
					 29A.04.620, and
					 29A.04.630. 11-24-064, §
					 434-335-060, filed 12/6/11, effective 1/6/12. Statutory Authority:
					 RCW
					 29A.04.611. 10-03-072, § 434-335-060,
					 filed 1/18/10, effective 2/18/10; 09-03-110, § 434-335-060, filed 1/21/09,
					 effective 2/21/09; 07-24-044, § 434-335-060, filed 11/30/07, effective
					 12/31/07; 05-18-022, § 434-335-060, filed 8/29/05, effective
					 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-070 - Additional information and equipment required

Current through Register Vol. 24-14, July 15, 2024
The vendor shall provide a working model of the equipment
				  under review for the duration of the examination.
Statutory Authority:
					 RCW
					 29A.04.611. 08-05-120, § 434-335-070,
					 filed 2/19/08, effective 3/21/08; 05-18-022, § 434-335-070, filed 8/29/05,
					 effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-090 - Voting systems review board evaluation

Current through Register Vol. 24-14, July 15, 2024
The voting systems review board evaluation must include, but
				  is not limited to:
(1) A review of
				statutory requirements;
(2) A
				review of applicable federal standards;
(3) A review of the approved qualification
				test results released directly to the secretary of state by the federally
				approved voting system test laboratory;
(4) If applicable, a review of reports or
				other materials from prior hearings on the proposed system, procedure, or
				modification, either in whole or in part;
(5) A review of the report produced by the
				secretary of state upon completion of the examination of the voting
				system;
(6) If applicable, a review
				of any procedures manuals, guidelines, or other materials issued for use with
				the system;
(7) A review of any
				effect the application will have on the security of the voting
				system;
(8) A review of any effect
				the application will have on the accuracy of the voting system;
(9) A review of any effect the application
				will have on the ease and convenience with which voters use the
				system;
(10) A review of any effect
				the application will have on the timeliness of vote reporting; and
(11) A review of any effect the application
				will have on the overall efficiency of the voting system.
Statutory Authority:
					 RCW
					 29A.04.611. 09-03-110, § 434-335-090,
					 filed 1/21/09, effective 2/21/09; 08-05-120, § 434-335-090, filed 2/19/08,
					 effective 3/21/08.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-100 - Public hearing

Current through Register Vol. 24-14, July 15, 2024
The voting systems review board must conduct a public
				  hearing, scheduled at the convenience of the secretary of state and voting
				  systems review board. At the public hearing, the applicant may demonstrate the
				  equipment and explain its function. The applicant must be available to answer
				  questions from the voting systems review board and the public. The applicant
				  may be asked to submit answers in writing if the voting systems review board is
				  not satisfied with the completeness of answers given at the
				  hearing.
Statutory Authority:
					 RCW
					 29A.04.611. 09-03-110, § 434-335-100,
					 filed 1/21/09, effective 2/21/09; 05-18-022, § 434-335-100, filed 8/29/05,
					 effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-110 - Voting systems review board report

Current through Register Vol. 24-14, July 15, 2024
Following the review and public hearing, the voting systems
				  review board may recommend for or against certification of the voting system
				  under review. The board may also recommend that certification be contingent
				  upon fulfillment of specific conditions or procedures with the purchase or use
				  of the voting system in this state.
Statutory Authority:
					 RCW
					 29A.04.611. 09-03-110, § 434-335-110,
					 filed 1/21/09, effective 2/21/09; 05-18-022, § 434-335-110, filed 8/29/05,
					 effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-120 - Certification may be conditioned

Current through Register Vol. 24-14, July 15, 2024
Certification of a voting system may be contingent upon
				  fulfillment of additional conditions or procedures.
Statutory Authority:
					 RCW
					 29A.04.611. 05-18-022, § 434-335-120,
					 filed 8/29/05, effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-130 - Issuance of certification

Current through Register Vol. 24-14, July 15, 2024
Based on the examination of the voting system and the
				  recommendations of the secretary of state staff and the voting systems review
				  board, the secretary of state may issue a certification of the system if the
				  secretary of state determines that the system meets all requirements for
				  certification. The certification must include any conditions or procedures that
				  the secretary of state deems necessary for the system to comply with Washington
				  state law and practice. The secretary of state must notify all county auditors
				  of the certification within thirty days.
Statutory Authority:
					 RCW
					 29A.04.611. 05-18-022, § 434-335-130,
					 filed 8/29/05, effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-140 - Failure to meet certification requirements

Current through Register Vol. 24-14, July 15, 2024
If the secretary of state determines that the voting system
				  fails to meet any of the requirements for certification, the applicant must be
				  notified and allowed thirty days to submit another version of the voting system
				  for examination and testing.
Statutory Authority:
					 RCW
					 29A.04.611. 09-03-110, § 434-335-140,
					 filed 1/21/09, effective 2/21/09; 05-18-022, § 434-335-140, filed 8/29/05,
					 effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-150 - Modification of certified equipment

Current through Register Vol. 24-14, July 15, 2024
After a voting system is certified, any improvements or
				  changes to the system must be submitted to the secretary of state for
				  certification. The secretary of state will determine if the modifications
				  require state testing and a review board hearing, or if the changes may be
				  certified administratively.
Statutory Authority:
					 RCW
					 29A.04.611. 10-03-072, § 434-335-150,
					 filed 1/18/10, effective 2/18/10; 05-18-022, § 434-335-150, filed 8/29/05,
					 effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-160 - Modification of certified equipment, guidelines for administrative approval

Current through Register Vol. 24-14, July 15, 2024
The secretary of state may approve an application for
				  modification of certified equipment administratively if the modification does
				  not:
(1) Materially affect the lawful
				conduct, accuracy, efficiency, capacity or security of elections;
(2) Materially and adversely affect the
				convenience to the voter of the elections process; or
(3) Otherwise result in significant
				modification to existing procedures used in Washington by extending the
				equipment's functionality.
A modification approved administratively does not require
				  examination or review by the voting systems review board.
Statutory Authority:
					 RCW
					 29A.04.611. 09-03-110, § 434-335-160,
					 filed 1/21/09, effective 2/21/09; 05-18-022, § 434-335-160, filed 8/29/05,
					 effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-170 - Application for certification of modified voting systems or devices

Current through Register Vol. 24-14, July 15, 2024
The application to certify a modification of an existing
				  certified system must include, but is not limited to, the following
				  information:
(1) Description of the
				applicant;
(2) Description of the
				equipment or software under review, the modification, and all version
				numbers;
(3) All changes to the
				operating and maintenance manuals;
(4) Reports for all tests conducted on the
				modification by a voting system test laboratory;
(5) Documentation that the modification meets
				all applicable federal voting equipment guidelines;
(6) A complete description, in operational
				and technical detail, of all differences between the previously certified
				equipment or system and the modified equipment or system, prepared by the
				applicant.
Statutory Authority:
					 RCW
					 29A.04.611. 10-03-072, § 434-335-170,
					 filed 1/18/10, effective 2/18/10; 09-03-110, § 434-335-170, filed 1/21/09,
					 effective 2/21/09; 05-18-022, § 434-335-170, filed 8/29/05, effective
					 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-180 - Recertification of modified voting systems or devices

Current through Register Vol. 24-14, July 15, 2024
If the system, or its components, is found to be sufficiently
				  modified under the guidelines of WAC
				  434-335-160 that it requires an
				  examination of the equipment by the voting systems review board and a public
				  hearing, the secretary of state must notify the applicant in writing that the
				  applicant must initiate the certification process outlined in WAC
				  434-335-030 through
				  434-335-130.
Statutory Authority:
					 RCW
					 29A.04.611. 05-18-022, § 434-335-180,
					 filed 8/29/05, effective 9/29/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-335 - Voting systems › STATE CERTIFICATION OF VOTING SYSTEMS › Section 434-335-190 - Restricted period

Current through Register Vol. 24-14, July 15, 2024
No modification, change, or other alteration to voting or
				  vote tabulating system, equipment, or component may be installed in a county
				  between June 15th and November 30th of the same year without permission from
				  the secretary of state. Such permission must be specific to the change and to
				  the county making the change.
Statutory Authority:
					 RCW
					 29A.04.611. 07-20-074, § 434-335-190,
					 filed 10/1/07, effective 11/1/07. Statutory Authority:
					 RCW
					  29A.04.611, 2006 c 344. 07-09-035, §
					 434-335-190, filed 4/11/07, effective 5/12/07. 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.