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WAC 434-250-095

Direct recording electronic voting devices.

(1) Before a direct recording electronic voting device may be used by a voter, an election officer must verify:
(a) The paper printer or paper canister is secured so that the paper record may not be removed from the device by anyone other than an election officer;
(b) Only a blank portion of the paper record is visible to the voter as he or she approaches the device; and
(c) The paper printer or paper canister is sealed with a numbered seal to ensure the paper tape cannot be removed by the voter.
(2) Before a direct recording electronic voting device may be used by a voter, an election officer must confirm that a ballot has not been accepted for that voter. Confirmation that a ballot has not already been accepted may be achieved by accessing the voter registration system by electronic, telephonic, or other means. If the county auditor is unable to confirm whether a ballot has been accepted for that voter, the voter may not vote on a direct recording electronic voting device. The voter may vote a paper provisional ballot. If a voted paper ballot is subsequently received after a ballot is cast on the direct recording electronic voting device, the paper ballot must not be counted.
(3)(a) If a ballot on a direct recording electronic device has not been cast but has been printed by the voter, the election officer may cast the ballot.
(b) If a ballot on a direct recording electronic device has not been printed nor cast by the voter, the election officer must cancel the ballot and make a corresponding notation in the accountability form.
(4) If any seal or lock on a direct recording electronic device, including seals for the paper printer or paper canister, has been broken or tampered with, the direct recording electronic device and paper printer must be removed from service for the remainder of the election. A written report regarding the circumstances of the removal from service must be sent to the county canvassing board.
(5) If the paper printer for a direct recording electronic device malfunctions or runs out of paper, the following must occur:
(a) If the election officer has confirmed that no ballots have been cast after the printer ran out of paper or malfunctioned, he or she must remove the direct recording electronic device and paper printer from service, and document the problem. The direct recording electronic device and paper printer may be returned to service only if the problem has been corrected.
(b) If the election officer is unable to confirm that no ballots were cast after the printer ran out of paper or malfunctioned, or if the problem cannot be corrected, the direct recording electronic device and paper printer must be removed from service for the remainder of the election. The auditor must present a written report regarding the circumstances of the removal from service to the county canvassing board.
(6) If an electronic ballot has been cast without a readable corresponding paper record, the county auditor may print the ballot image stored on the device for use as a paper record for that device, in the case of an audit or manual recount. This may require printing all ballot images from that machine.
(7) A provisional ballot may only be voted on a direct recording electronic voting device if the voting system has been certified by the secretary of state for provisional voting and the county auditor has submitted approved procedures to the secretary of state.
(8)(a) If a direct recording electronic voting device must be transferred from a voting center that is not in the same location as the counting center, the paper records must be either:
(i) Placed in transfer containers; or
(ii) Transferred in the paper printer or paper canister if the paper printer or paper canister is sealed so the paper record cannot be removed without breaking the seal.
(b) Paper records must be accompanied by a transmittal sheet which must include at a minimum:
(i) The voting center where the direct recording electronic device was utilized;
(ii) The seal number from the paper printer; and
(iii) The serial number or other identifier of the direct recording electronic device if distinctly unique from the seal number on the paper record printer or paper canister.
(c) If paper records are placed in a transfer container, the election officer must sign the transmittal sheet and place it in the transfer container. The number of paper record tapes included in the container must be recorded on the transmittal sheet. A unique prenumbered seal must be applied to the container.
(d) The data pack or cartridge of the direct recording device must be transported to the counting center in a sealed container.
[Statutory Authority: RCW 29A.04.611. WSR 19-12-115, § 434-250-095, filed 6/5/19, effective 7/6/19; WSR 14-06-040, § 434-250-095, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-095, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-250-095, filed 12/28/05, effective 1/28/06.]
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