(Election Administration and Certification Board)

[Filed June 5, 2019, 9:52 a.m., effective January 1, 2020]

Effective Date of Rule: January 1, 2020.

Purpose: The secretary of state with the election administration and certification board administers a certification program for election administrators. The amendments include increasing the renewal period to two years, increasing the renewal training hours required to forty hours, increasing Washington election specific training required, giving the secretary of state authority to determine the training that meets the initial certification and renewal requirements and eliminating the assistant election administrator level.

Citation of Rules Affected by this Order: Repealing WAC 434-260-225, 434-260-235, 434-260-260, 434-260-305 and 434-260-309; and amending WAC 434-260-220, 434-260-240, 434-260-300, 434-260-307, 434-260-310, and 434-260-320.

Statutory Authority for Adoption: RCW 29A.04.630.

Adopted under notice filed as WSR 19-10-039 on April 26, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 6, Repealed 5.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 6, Repealed 5.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 6, Repealed 5; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 5, 2019.

Assistant Secretary of State

AMENDATORY SECTION(Amending WSR 11-24-064, filed 12/6/11, effective 1/6/12)

WAC 434-260-220Certification of election administrators.

Election administrators shall become certified upon completion of the following:

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

(2) Two years of service in election administration during the three-year period immediately prior to the request for initial certification;

(3) Taking and passing the open book written ((test described in WAC 434-260-260))exam on Title 29A RCW, Title 434 WAC, the Washington state Constitution, and other applicable state and federal election laws as prepared by the secretary of state;

(4) A minimum of forty hours participation in conferences and workshops ((provided by:

(a) The Washington Association of County Auditors;

(b) The secretary of state;

(d) The United States Election Assistance Commission;

(e) The Federal Voting Assistance Program; or

(f) Other conferences or courses related to election administration or government administration approved by the Election Administration and Certification Board.

Election administrators may also claim up to four hours of training credit for training received while visiting other county election departments))as preapproved by the secretary of state.

(a) At least thirty of the required forty hours must be election-specific training.

(i) At least twenty hours of election training must specifically address Washington state elections and must include training hours from attending an annual Washington elections conference.

(ii) Up to four hours of training may be for observing election procedures in other county election departments.

(b) Up to ten hours of training may be for professional development as determined by the county or state approving authority.

(c) All training shall be received not more than five years prior to the date of a request for initial certification ((and shall include at least thirty hours of election-specific training)).

(d) The secretary of state shall publish a list of election-specific training approved for election administrator certification by January 1, 2020.

(5) A high school diploma or its equivalent.

AMENDATORY SECTION(Amending WSR 07-12-032, filed 5/30/07, effective 6/30/07)

WAC 434-260-240Mandatory ((orientation))certification course.

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

(2) ((Mandatory orientation))The mandatory certification course will consist of at least eight hours of training in election-related subjects.

AMENDATORY SECTION(Amending WSR 05-06-036, filed 2/25/05, effective 3/28/05)

WAC 434-260-300((Maintaining))Renewal of certification as an election administrator.

((After attaining initial certification the election administrator is responsible for maintaining his or her certification. Maintenance of certification shall consist of:))Applications for certification renewal must be submitted by December 31st of every odd-numbered year. The secretary of state will renew certification with the following qualifications:

(1) Continuous service as an election administrator during the two years for which ((maintenance))renewal is required((;)).

(2) Participation in ((an annual))a minimum of ((eighteen))forty hours of ((continuing education, at least six hours of which shall be on election-specific training. 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. A maximum of six hours, of the eighteen required, may be derived from a surplus of hours earned in the previous year))conferences and workshops attended within the renewal period, as preapproved by the secretary of state.

(a) At least thirty of the required forty hours must be election-specific training.

(i) At least twenty hours of election training must specifically address Washington state elections and must include training hours from attending an annual Washington elections conference.

(ii) Up to four hours of training may be for observing election procedures in other county election departments.

(b) Up to ten hours of training may be for professional development as determined by the county or state approving authority.

Election administrators who become initially certified within a two-year renewal period may use any training taken during the renewal period, including training used for initial certification.

The two-year renewal period and provisions begin January 1, 2020.

AMENDATORY SECTION(Amending WSR 01-11-111, filed 5/21/01, effective 6/21/01)

WAC 434-260-307((Lapse of certification))Recertification of election administrator.

Certification as an election administrator shall ((lapse))expire when minimum requirements for ((maintaining)) certification renewal are not met ((for two consecutive years. Recertification shall occur upon the following)). An election administrator may recertify within two years of certification expiration. To recertify, an election administrator must:

(1) ((Completion of))Attend the secretary of state's mandatory ((orientation))certification course;

(2) Have two years continuous service as an election administrator immediately prior to the date of a request for recertification;

(3) ((Taking and passing the open book written test described in WAC 434-260-260;

(4) A minimum of forty hours participation in conferences and workshops sponsored by those organizations listed in WAC 434-260-220(4). Such training shall be attended within five years prior to the date of a request for recertification and shall not include more than twenty hours of training used for prior certification and maintenance.))Take and pass a recertification exam;

(4) Attend twenty hours of Washington state election-specific training as defined in WAC 434-260-220.

To maintain certification, a recertified election administrator must take an additional twenty hours of training as required by WAC 434-260-300 by the next renewal deadline.

An election administrator shall be allowed one recertification in any ((five-year))ten-year period.

New recertification requirements are effective January 1, 2020.

AMENDATORY SECTION(Amending WSR 09-18-098, filed 9/1/09, effective 10/2/09)

WAC 434-260-310((Maintenance of certification.))Applications.

The secretary of state shall make available certification applications((and maintenance forms)) to ((the county auditors))election administrators. Applications to ((maintain))renew certification must be submitted to the secretary of state by ((the county auditor by January))December 31st each odd-numbered year.

Two-year renewal requirements are effective January 1, 2020.

AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

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

The secretary of state shall prepare a training program for county canvassing board members. The training shall be made available ((on an annual basis))upon request.

The following sections of the Washington Administrative Code are repealed:

Certification of assistant election administrators.

Recertification of assistant election administrators as election administrators.

Open book written test.

Maintaining certification as an assistant election administrator.

Lapse of certification of assistant election administrator.

WAC 434-260-225	Certification of assistant election administrators.
WAC 434-260-235	Recertification of assistant election administrators as election administrators.
WAC 434-260-260	Open book written test.
WAC 434-260-305	Maintaining certification as an assistant election administrator.
WAC 434-260-309	Lapse of certification of assistant election administrator.