HB 2406 — Concerning election security practices around auditing and equipment.

H-4158.1SUBSTITUTEH-3372.1HOUSE HOUSE BILL 2406State of Washington65th Legislature2018 Regular SessionBy House State Government, Elections & Information Technology (originally sponsored by Representatives Hudgins, Stanford, and Ormsby)READOrmsbyPrefiled FIRST01/05/18. TIME 01/25/18.AN ACT Relating to ensuring the integrity of elections through strengthening election security practices around auditing and equipment;

Read first time 01/08/18.

Referred to Committee on State Govt, Elections & IT.AN ACT Relating to ensuring the integrity of elections through strengthening election security practices around auditing and equipment;

Multiple jurisdictions, with multiple options for ensuring election outcomes will increase the transparency, integrity, and trust of our elections process.Sec. 2.  RCW 29A.60.185 and 2005 c 242 s 5 are each amended to read as follows:(1) Prior to certification of the election as required by RCW 29A.60.190, the county auditor shall conduct an audit using at minimum one of the following methods:(a) An audit of results of votes cast on the direct recording electronic voting devices, or other in-person ballot marking systems, used in the county if there are races or issues with more than ten votes cast on all direct recording electronic voting devices or other in-person ballot marking systems in the county.county, or the number of votes cast on the devices or systems is statistically significant in relation to the election result.

A "risk limit" means the largest statistical probability that an incorrect reported tabulation outcome is not detected in a risk-limiting audit;(ii) RandomlySelect select for audit at least one statewide contest, and for each county at least one ballot contest other than the selected statewide contest.

The countysecretary auditorof state shall randomly select aother ballot contestcontests for audit if in any particular election there is no statewide contest;

The procedure must specify under what circumstances a discrepancy will lead to an audit of additional ballots, and the method to determine how many additional ballots will be selected.selected.(3) At the discretion of the county auditor or upon a written request of a candidate, an officer of a political party, or any group of five or more registered voters, an additional number of ballots may be audited to supplement the audits conducted under this section.

TheAn secretaryapplication offor statea shallsupplemental adoptaudit procedures to investigate the cause of any discrepancy found during an audit.(3) The secretary of state must establishbe rulesfiled bywith January 1, 2019, to implement and administer the auditingofficer methodswith inwhom thisfilings section, including facilitating public observation and reporting requirements.Sec. 3.  RCW 29A.60.170 and 2011 c 10 s 55 are eachmade amendedfor to read as follows:(1) At least twenty-eight days prior to any special election, general election, or primary, the countyjurisdiction. auditor shall request from the chair of the county central committee of each major political party a list of individuals who are willing to serve as observers.

The person filing an application for a supplemental audit is subject to the same cost structure as for recounts under RCW 29A.64.030 and 29A.64.081.

The secretary of state shall determine the initial number of additional ballots that may be audited.

If a discrepancy is found after a supplemental audit is performed, procedures adopted under subsection (2) of this section must be followed.(4) The secretary of state must establish rules by January 1, 2019, to implement and administer the auditing methods in this section, including facilitating public observation and reporting requirements.Sec. 3.  RCW 29A.60.170 and 2011 c 10 s 55 are each amended to read as follows:(1) At least twenty-eight days prior to any special election, general election, or primary, the county auditor shall request from the chair of the county central committee of each major political party a list of individuals who are willing to serve as observers.

The random check procedures must be adopted by the county canvassing board, and consistent with rules adopted under RCW 29A.60.185(3),29A.60.185(4), prior to the processing of ballots.

The random check procedures must include a process, consistent with RCW 29A.60.185(2) and rules adopted under RCW 29A.60.185(3),29A.60.185(4), for expanding the audit to include additional ballots when a random check conducted under this section results in a discrepancy.

Procedures adopted under RCW 29A.60.185 pertaining to investigations of any discrepancy found during an audit must be followed.

For purposes of this subsection, "personal information" has the meaning given in RCW 19.255.010.(2) Notification under subsection (1) of this section must be made in the most expedient time possible and without unreasonable delay.NEW SECTION.  Sec. 7.  A new section is added to chapter 29A.12 RCW to read as follows:(1) The secretary of state may decertify a voting system or any component of a voting system and withdraw authority for its future use or sale in the state if, at any time after certification, the secretary of state determines that:(a)it Theno systemlonger orconforms componentwith failsthe torequirements meetof thethis standardstitle, setapplicable forthrules adopted in applicableaccordance federalwith guidelines;(b)this title, or generally accepted safety requirements.(2) The secretary of state must decertify a voting system or any component wasof materiallya misrepresentedvoting system and withdraw authority for its future use or sale in the certificationstate application;(c)if Thethe applicantmanufacturer hasor installeddistributor unauthorizedof modificationsthe voting system or component thereof fails to comply with the certifiednotification softwarerequirements orof hardware;section 6 of this act.--- END ---

or(d) Any other reason authorized by rule adopted by the secretary of state.(2) The secretary of state may decertify a voting system or any component of a voting system and withdraw authority for its future use or sale in the state if the manufacturer or distributor of the voting system or component thereof fails to comply with the notification requirements of section 6 of this act.--- END ---