WSR 99-07-043

PROPOSED RULES

SECRETARY OF STATE


[ Filed March 15, 1999, 9:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-01-065.

Title of Rule: Certification of election officials and review of county election procedures.

Purpose: To expand the certification of election officials; implement changes in statute and further define the procedure for county election procedure reviews.

Statutory Authority for Adoption: RCW 29.60.020.

Statute Being Implemented: RCW 29.60.070.

Summary: A lower level of certified election administrator is created and requirements for each level is defined. The election review sections are changed to comply with changes in statute as well as changing the report procedure.

Reasons Supporting Proposal: A need has been demonstrated at the counties for a lower level of certification. Changes in election reviews are due to statute changes and a need to further define the report process.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sheryl Moss, P.O. Box 40232, Olympia, WA 98504, (360) 664-3653.

Name of Proponent: Office of the Secretary of State and the Election Administration and Certification Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This chapter created a certification program for those who administer elections at the county and state. Additionally, county election procedures may be reviewed under circumstances outlined in RCW 29.60.070. The purpose of these changes is to create two levels of certified election officials, change the election review sections to reflect a change in statute and to further define the review report process. These changes will allow counties to certify more election staff members and provide clearer certification requirements. The election review process will be changed to allow county auditors input earlier in the process.

Proposal Changes the Following Existing Rules: Sections regarding certification of election administrators are changed to allow for an assistant election administrator level. Class credits are changed to class hours for easier understanding. Sections related to class credits are repealed. A change in statute removes the requirement to review county election procedures every four years. Sections are changed to reflect this statute. The review report process is changed to allow county auditors input earlier in the process.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. It only affects governmental agencies.

Hearing Location: 120 East Union, Room 106, Olympia, WA, on May 4, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Sheryl Moss by April 28, 1999, (360) 664-3653.

Submit Written Comments to: Sheryl Moss, P.O. Box 40232, Olympia, WA 98504-0232, fax (360) 664-3657, by May 3, 1999.

Date of Intended Adoption: May 5, 1999.

March 15, 1999

Donald F. Whiting

Assistant Secretary of State

OTS-2730.1

Chapter 434-260 WAC

ELECTION REVIEW PROCESS AND CERTIFICATION OF ELECTION ADMINISTRATORS


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-010
Intent.

It is the intent of this chapter to provide procedures to be followed in the conduct of election reviews and procedures to be followed for the certification and training of election administrators and assistant election administrators, and the training of county canvassing board members, and election observers as required by chapter 29.60 RCW.

[98-08-010, recodified as 434-260-010, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-010, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-020
Definitions.

As used in this chapter:

(1) "Election review" means the process of examining all or a part of a county's election policies and procedures and includes the review of any documentation of those procedures;

(2) "Election review staff" means the person or persons employed by the secretary of state for the purpose of conducting election reviews;

(3) (("Scheduled election review" means an election review conducted in each county at least once every four years.  A scheduled election review may be held on one or more contiguous dates or may be conducted in phases;

(4) "Election review checklists" means a document listing the various activities and tasks required to be completed in order to conduct an election in accordance with state law and administrative rules;

(5))) "Special election review" means an election review conducted in a county or counties whenever the unofficial returns of a primary or election indicate that a mandatory recount is likely in a race for the state legislature, congress, or state-wide office;

(((6))) (4) "Preliminary ((scheduled)) review report of findings and recommendations" means that draft report made by the election review staff to the county auditor ((and the county canvassing board)) and which contains ((a copy of the election review checklist,)) any recommendations made by the review staff((,)) and a preliminary conclusion((/evaluation of)) regarding the county's election procedures;

(((7))) (5) "Draft election review report" means that report made by the election review staff to the county auditor and the designated members of the county canvassing board. The county canvassing board may respond to the draft election review report in writing and/or may appeal the report to the election administration and certification board.

(6) "Final ((scheduled)) election review report" means that report made by the election review staff which contains a copy of the ((election review checklist,)) recommendations made by the review staff, any response to those recommendations made by the county auditor or the county canvassing board, and ((an evaluation/)) a conclusion written by the staff;

(((8))) (7) "Special review recommendations" means recommendations made by the review staff to the county auditor and the county canvassing board following the conduct of any special review;

(((9) "Election certification and training board" means that board created pursuant to the provisions of RCW 29.60.010 which is responsible for hearing and ruling on any appeals made by a county auditor or any member of the county canvassing board following the conduct of an election review;

(10))) (8) "County auditor designee" is that person designated by the county auditor to participate in the review process, pursuant to the provisions of RCW 29.60.080.  Such a designee must be certified ((as qualified)) as required by chapter 29.60 RCW.

(9) "Election administrator" means the person or persons appointed by the county auditor to election management positions as required by RCW 36.22.220 and the state director of elections, assistant directors of elections, certification and training program staff members, and any other secretary of state election division employees designated by the director of elections;

(10) "Assistant election administrator" means any person involved in the administration of elections at the state or county level who has been designated as an assistant election administrator by the state director of elections or the county auditor as applicable;

(11) "County canvassing board members" means those officers designated as such pursuant to the provision of RCW 29.62.015;

(12) "Election observers" means those persons designated by the county political party central committee chair person to observe the counting of ballots and related elections procedures;

(13) "Election administration and certification board" means that board created pursuant to the provisions of RCW 29.60.010;

(14) "Creditable training hours" means each creditable training hour contemplated in WAC 434-60-230 and shall consist of a minimum of fifty minutes of instructional activity programmed for the purpose of mastering information beneficial to the performance of the duties of administering elections.

[98-08-010, recodified as 434-260-020, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-020, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-030
Scheduled reviews--Auditor request.

Not later than ((March)) July 1, any county auditor may request that the secretary of state designate his or her county for ((a scheduled)) an election review ((during that calendar year)).  The secretary of state shall, whenever practical, honor that request.  ((In the event the secretary is unable to schedule a county that has requested review, he or she shall, not later than March 15, notify the county of his or her decision and the reasons for that decision.))

[98-08-010, recodified as 434-260-030, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-030, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-040
((Scheduled)) Election reviews--Secretary of state to designate.

Not later than ((March 15)) August 1 the secretary of state shall ((designate)) notify, in writing, the counties selected for ((a scheduled)) an election review ((during that calendar year)).  The ((designation)) notification may include tentative dates for the conduct of the reviews.  Whenever possible, ((scheduled)) election reviews shall be conducted on dates that are mutually agreeable to the secretary and to the county auditor, except that those parts of the review process dealing with the actual conduct and canvassing of the election itself must be conducted between election day and the certification of the election returns.  In designating counties to be reviewed, the secretary shall take into consideration any complaints filed with his or her office pursuant to the provisions of RCW 29.60.070 (1)(b).

[98-08-010, recodified as 434-260-040, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-040, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-050
Notice of review.

Whenever any ((scheduled)) election review is to be held in a county, the secretary of state shall provide written notice to the county auditor and to the chairs of the state committees of any major political party of the date and time the review is scheduled to begin.  Notice for scheduled reviews shall be provided at least thirty days in advance of the review.  Notice of a special review shall be provided to the county auditor and the political party chairs, by telephone or by electronic facsimile transmission, not later than twenty-four hours after the determination has been made to conduct the special review.

[98-08-010, recodified as 434-260-050, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-050, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-060
Notification of review process.

At least five days prior to ((a scheduled)) an election review, or as soon as possible prior to a special review, the review staff shall notify the county auditor of the number of persons conducting the review, any policies and procedures of special interest, and of any needs incidental to their review.  The county auditor will provide adequate working accommodations, and copies of any county election policies or procedures, at the time scheduled for the review.  Review staff will make every effort to minimize any disruption to the normal work of the county during the review process.

[98-08-010, recodified as 434-260-060, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-060, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-080
Special review--Legislative district race.

A special review shall be conducted in any legislative district contained entirely within one county whenever the unofficial returns from a legislative race indicate that a mandatory recount is likely.  Such a review may be as extensive as ((a scheduled)) an election review or may, at the secretary of state's discretion, concentrate only on those aspects of the election process dealing with ballot accountability, audit trail procedures, and ballot security.  In any legislative district encompassing more than one county where the unofficial returns indicate that a mandatory recount is likely for a legislative district race, the secretary of state may direct a partial review in each county or may prioritize the review process.  In prioritizing the review process, the secretary shall take into consideration the following factors:

(1) The date and results of the last ((scheduled)) election review held in each county;

(2) Any request from a county auditor for a special review;

(3) Any written complaints filed with the secretary pursuant to the provisions of RCW 29.60.070 (1)(b);

(4) Any written complaints, from any resident of the county regarding the specific election in question;

(5) Any media stories or reports alleging election irregularities with respect to the election in question;

(6) The date on which the determination is made that a special review is required.

[98-08-010, recodified as 434-260-080, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-080, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-110
Election review checklist.

The secretary of state shall develop an election review checklist, which shall be the basis for any ((scheduled)) election review and which shall also serve, in whole or in part, as the basis for any special review.  The checklist shall be provided to every county auditor and to the chairs of the state central committees of each major political party.  The checklist shall be provided to any other person requesting it at actual reproduction cost.

[98-08-010, recodified as 434-260-110, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-110, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-120
Adoption of election review checklist.

The election administration and certification ((and training)) board shall approve, by majority vote, the checklist to be used and additionally shall, in conjunction with the office of the secretary of state, adopt rules to cover those checklist activities not currently mandated by either statute or rule.

[98-08-010, recodified as 434-260-120, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-120, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-130
Preliminary ((scheduled)) review report of findings and recommendations.

As soon as practical, but in any event not later than ((January 15 of the year)) sixty days following ((a scheduled review)) the certification of the election, the review staff shall issue a preliminary ((scheduled)) review report of a findings and recommendations.  The report shall be made to the county auditor ((and the county canvassing board only, and shall include, but not be limited to, the following:

(1) A copy of the completed election review checklist;

(2) A narrative description of recommendations made by the review staff;

(3) Any other information the review staff deems pertinent;

(4) A preliminary conclusion/evaluation of the county's election procedures)).

The preliminary ((scheduled)) review report of findings and recommendations is exempt from public inspection and copying, as provided by RCW 42.17.310.

[98-08-010, recodified as 434-260-130, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-130, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-140
((Response from county auditor/canvassing board.)) Draft election review report.

((The county auditor or the county canvassing board may respond, in writing, to the preliminary report issued by the review staff.  Such a response shall be provided to the review staff not later than thirty days following the issuance of the preliminary report, and may take issue with any aspect of the preliminary report or may detail what action is being taken by the county in response to any recommendations made by the review staff.)) As soon as practicable, but in any event not later than thirty days after the issuance of the preliminary report of findings and recommendations, the review staff shall issue a draft of the election review report to the county auditor and the designated members of the county canvassing board as provided in RCW 29.62.015, and shall include, but not be limited to, the following:

(1) A narrative description of recommendations made by the review staff;

(2) Any other information the review staff deems pertinent;

(3) A preliminary conclusion/evaluation of the county's election procedures.

The draft election review report is exempt from public inspection and copying, as provided by RCW 42.17.310.

[98-08-010, recodified as 434-260-140, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-140, filed 8/30/93, effective 9/30/93.]


NEW SECTION

WAC 434-260-145
Response to draft election review report.

The county auditor shall have the right to respond, in writing, to the draft election review report.  Such response shall be submitted to the review staff not later than ten days following the issuance of the draft election 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.  In the event the review recommendations are modified or amended, only the final recommendations and any response by the county shall be made available for inspection and copying.

Any county auditor or other member of the county canvassing board may appeal the recommendations or the conclusion of any draft election review report to the election administration and certification board. Any appeal must be in writing, must detail specific exceptions made to the draft election review report, and must be filed with the board not later than thirty days following the issuance of the report.

[]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-150
Final ((scheduled)) election review report.

As soon as practicable, but in any event not later than ((March 1 of the year following a scheduled review)) forty-five days after the issuance of the draft election review report, the review staff shall issue a final ((scheduled)) election review report.  The report shall be made to ((the county auditor and)) the county canvassing board, and shall include, but not be limited to, the following:

(1) ((A copy of the completed review checklist;

(2))) A narrative description of any general observations by the review staff;

(((3))) (2) A narrative description of any recommendations made by the review staff;

(((4))) (3) A response by the county auditor or the county canvassing board, if any;

(((5))) (4) A ((conclusive/evaluation)) conclusion by the review staff.  A copy of the final ((scheduled)) review report shall be provided to the chairperson of the election administration and certification ((and training)) board and a copy shall also be kept on file by the secretary of state.

[98-08-010, recodified as 434-260-150, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-150, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-160
Special review recommendations.

After conducting a special review, the review staff shall make any recommendations to the county auditor and the county canvassing board that they deem necessary to minimize the possibilities of any administrative errors being made either prior to or during the conduct of a mandatory recount.  Such recommendations ((shall be in writing and)) shall be made orally to the county auditor not later than ((five days following the certification of the election returns or)) twenty-four hours in advance of the conduct of a mandatory recount((, whichever occurs first.  The county auditor and/or the canvassing board may respond in writing to any recommendations, and such response shall become part of the official record of the special review)).  A draft report of findings and recommendations shall be issued to the county auditor and the other members of the canvassing board not later than ten working days after the completion of the mandatory recount.

[98-08-010, recodified as 434-260-160, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-160, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-170
Distribution of special review recommendations and response.

((In addition to those persons specified in WAC 434-60-160 as receiving a copy of the special review recommendations,)) The county auditor and the county canvassing board may respond in writing to any recommendations made by the review staff.  Such response shall not be made later than fifteen working days after the completion of the mandatory recount.  The review staff shall, after the county auditor and county canvassing board ((has)) have had an opportunity to respond, provide a copy of its recommendations and any response to any person requesting them at actual reproduction costs.  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 county canvassing board.  In the event the special review recommendations are modified or amended, only the final recommendations and any response by the county shall be made available for inspection and copying.  In the event that the review staff does not modify or amend the draft recommendations within sixteen working days from the completion of the mandatory recount, the draft recommendations shall be considered to be final recommendations and shall be made available for inspection and copying. A copy of the special review recommendations and any response shall be provided to the chairperson of the election administration and certification ((and training)) board and a copy shall also be kept on file by the secretary of state.

[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.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-190
Processing of appeal.

Within thirty days of an appeal being filed, the election administration and certification ((and training)) board shall meet to consider the appeal.  The board may request that the county auditor, the review staff, or any other persons they deem appropriate, appear before them and assist them in their consideration of the appeal.  The board shall have access to all written material prepared by the review staff, including a copy of the preliminary ((scheduled)) election review report and draft review report.  The board, by majority vote, may accept the ((final)) draft report, may modify all or part of the ((final)) draft report, or may reject the report in total.  In the event the board rejects the report, they shall direct that a new review be conducted and shall detail, in writing, the reasons for rejecting the original report.  The board shall issue a written summary of its findings following any consideration of any appeal.  The summary shall include the minutes of any meeting of the board to consider the appeal, a summary of the testimony of any witnesses appearing before them, and the reasons for any decision made.

[98-08-010, recodified as 434-260-190, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-190, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-200
Standards for evaluating appeals.

In determining whether or not an appeal filed pursuant to RCW 29.60.070 and WAC 434-60-160 should be upheld and the final scheduled review report either modified or set aside, the election administration and certification ((and training)) board shall consider the following factors:

(1) Whether or not the course of action or activity recommended by the review staff is required by federal or state law or by administrative rule;

(2) Whether or not the findings or the course of action or activity recommended by the review staff enhances the standardization and uniformity of election practices and procedures throughout the state;

(3) Whether or not the findings or the course of action or activity recommended by the review staff enhances the security or integrity of the ballots or the ballot counting process;

(4) Whether or not the course of action or activity recommended by the review staff would cause unnecessary hardship or expense to the county making the appeal.

[98-08-010, recodified as 434-260-200, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  93-18-053, 434-60-200, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-220
Certification of election administrators ((and deputy election administrators)).

Election administrators ((and deputy election administrators may not)) shall become certified ((under this section until they have been involved in the administration of an even-year general election and an odd-year general election.  For initial certification, an accumulation of fifteen credits is required which must include as a minimum)) upon completion of the following:

(1) Completion of the secretary of state's mandatory orientation (((two credits))) course;

(2) Two years' service ((in)) as an election ((administration (up to five credits))) administrator;

(3) Taking and passing ((an)) the open book written test ((on Title 29 RCW, Title 434 WAC, and applicable state and federal election laws (two credits))) described in WAC 434-60-260;

(4) A minimum of forty hours participation in conferences and workshops involving elections related subjects or subjects approved by the election administration and certification board and sponsored by: (((Five credits minimum including two from (a) and/or (b) of this subsection)))

(a) Washington Association of County Auditors;

(b) Secretary of state;

(c) The Elections Center;

(d) ((The International Association of Clerks, Recorders, Election Officials and Treasurers (IACREOT);)) Visiting other county election departments for training and/or orientation purposes (maximum four hours);

(e) The Federal Election Commission;

(f) Other national associations related to elections or government administration, approved by the Election Administration and Certification Board; or

(g) Other conferences or courses approved by the Election Administration and Certification Board.

(5) ((Any combination of the following:

(a) Formal education (up to five credits);

(b) Participation in other education activities (up to five credits).)) A high school diploma or its equivalent.

[98-08-010, recodified as 434-260-220, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  94-07-018, 434-60-220, filed 3/8/94, effective 4/8/94.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-240
Mandatory orientation.

(1) All election administrators and ((deputy)) assistant election administrators shall, within eighteen months of undertaking those responsibilities or by July 1, 1994, whichever is later, attend a mandatory orientation workshop sponsored by the secretary of state to be eligible for certification.  Mandatory orientation workshops will be offered for new election administrators and deputy election administrators annually.

(2) Mandatory orientation will consist of twelve hours of training in election-related subjects.  ((The twelve hours will be worth two credits.))

[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.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-260
Open book written test.

The ((secretary of state elections division)) certification and training program will prepare an open book written test on Title 29 RCW, Title 434 WAC, the Washington state Constitution, and other applicable state and federal election laws to be given annually to ((election administrators at the completion of the mandatory orientation session.  Taking and passing the test will be worth two credits for initial certification)) candidates for certification as election administrators or assistant election administrators.

[98-08-010, recodified as 434-260-260, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  94-07-018, 434-60-260, filed 3/8/94, effective 4/8/94.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-300
Maintaining certification as an election administrator.

After attaining initial certification the election administrator is responsible for ((maintenance of)) maintaining his or her certification ((on an ongoing basis)).  Maintenance of certification shall consist of:

(1) ((Election administration: The continued conduct of elections as an elections administrator or deputy elections administrator;)) Continuous service as an election administrator during the year for which maintenance is required;

(2) ((Continuing education: It is the position of the election administration and certification board that attendance at the annual election administrator's conference is of critical importance in maintaining certification as an election administrator.  In addition to the annual election conference, continuing education shall consist of training programs which emphasize the duties and functions of administering elections.))  Participation in ((a)) an annual minimum of eighteen hours of continuing education ((shall be required each year to maintain certification.  These training programs may include the following:

(a) Public administration;

(b) Public and media relations;

(c) Election and voter registration law;

(d) Personnel management;

(e) Organizational management;

(f) Information systems management;

(g) Voting systems and equipment;

(h) Budget or fiscal management;

(i) Stress management;

(j) Visiting other county election departments for training and/or orientation purposes;

(k) Additional professional or academic degrees;

(l) Any election oriented training offered by the organizations listed in WAC 434-60-220 (4)(a) through (g))).  This training may be received at any election oriented workshop or conference sponsored by any of the organizations listed in WAC 434-260-220.  In addition to receiving credit for participation in election workshops or conferences, election administrators may also receive a maximum of two hours for visiting other county election departments for training purposes and for any other training approved by the elections administration and certification board.

[98-08-010, recodified as 434-260-300, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  94-07-018, 434-60-300, filed 3/8/94, effective 4/8/94.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-310
((Certification of minimum requirements.)) Application for initial certification and maintenance of certification.

The secretary of state shall ((distribute applications for certification annually to the county auditors, or equivalent.  The county auditors shall, before December 1 of each year, certify to the election administration and certification board the completion of the requirements for initial certification for members of his or her staff)), not later than July 1 of each year, distribute certification application forms to the county auditors.  The county auditor in each county shall, not later than December 1 of each year, submit an application for certification for each employee for whom certification is requested.

[98-08-010, recodified as 434-260-310, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  94-07-018, 434-60-310, filed 3/8/94, effective 4/8/94.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-320
Training program for county canvassing board members.

The secretary of state ((elections division)) shall prepare a training program for county canvassing board members ((or their designated representatives)).  The training ((program)) shall be made available ((to county canvassing board members annually at their respective conferences sponsored by the Washington Association of County Officials.  Upon completion of the training program, county canvassing board members shall receive a certificate of completion.  The training program for county canvassing board members or their designated representatives may include the following:

(1) Election law (Title 29 RCW; Title 434 WAC);

(2) Voting systems;

(3) Canvassing board policies and procedures)) on an annual basis.

[98-08-010, recodified as 434-260-320, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  94-07-018, 434-60-320, filed 3/8/94, effective 4/8/94.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-330
Training program for election observers.

The secretary of state elections division shall prepare a training program for officially designated political party election observers.  The training shall be made available ((regionally on an annual basis.  Upon completion of the training, election observers shall receive a certificate from the office of the secretary of state.  The training for election observers may include the following:

(1) Election law (Title 29 RCW, Title 434 WAC);

(2) Voting systems;

(3) Logic and accuracy test procedures)) upon receipt of a request, in writing, from the chair of the state central committee of any major political party. The training offered by this section does not replace the mandatory training for political party observers required by RCW 29.33.340.

[98-08-010, recodified as 434-260-330, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  94-07-018, 434-60-330, filed 3/8/94, effective 4/8/94.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-340
Training video tapes available.

((An election administrator, canvassing board member, or election observer who is unable to travel to training programs conducted under this chapter may request audio or video recordings of the training programs and shall receive a certificate of completion by the secretary of state, county auditor or equivalent.)) The secretary of state shall make copies of any available training videos to any person eligible for certification.  Persons requesting videos may request full or partial certification credit from the administration and certification board.

[98-08-010, recodified as 434-260-340, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  94-07-018, 434-60-340, filed 3/8/94, effective 4/8/94.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-260-350
Approval of training programs.

All training ((and orientation)) programs referenced in these rules ((shall)) may be subject to review ((and approval of)) by the election administration and certification board. Such review shall be only for the purpose of determining whether the training satisfies requirements for certification.

[98-08-010, recodified as 434-260-350, filed 3/18/98, effective 3/18/98.  Statutory Authority: RCW 29.60.020.  94-07-018, 434-60-350, filed 3/8/94, effective 4/8/94.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 434-260-070Frequency of scheduled reviews.
WAC 434-260-180Appeal from scheduled review report.
WAC 434-260-210Intent.
WAC 434-260-215Definitions.
WAC 434-260-230Certification credit system.
WAC 434-260-250Experience as an election administrator, or as a deputy election administrator.
WAC 434-260-270Participation in conferences and workshops.
WAC 434-260-280Formal education.
WAC 434-260-290Participation in other education activities.

NEW SECTION

WAC 434-260-225
Certification of assistant election administrators.

Assistant election administrators shall become certified upon completion of the following:

(1) The secretary of state's mandatory orientation course;

(2) Two years service in election administration;

(3) Passing the open book test described in WAC 434-60-260;

(4) A minimum of twenty hours participation in conferences and workshops sponsored by those organizations listed in WAC 434-60-220(4);

(5) A high school diploma or equivalent.

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NEW SECTION

WAC 434-260-235
Recertification of assistant election administrators as election administrators.

Any person who is certified as an assistant election administrator may become certified as an election administrator upon completion of the following:

(1) Two years service in an election management position, as defined by the county auditor or the state director of elections;

(2) Minimum of forty hours participation in conferences and workshops sponsored by those organizations listed in WAC 434-60-220(4).

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NEW SECTION

WAC 434-260-305
Maintaining certification as an assistant election administrator.

After attaining initial certification the assistant election administrator is responsible for maintaining his or her certification.  Maintenance of certification shall consist of participation in an annual minimum of six hours of continuing education.  This training may be received at an election oriented workshop or conference sponsored by any of the organizations listed in WAC 434-60-220.  In addition to receiving credit for workshops and conferences, election administrators may also receive credit for visiting other county election departments for training purposes and any other training approved by the elections administration and certification board.

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Washington State Code Reviser's Office