WSR 05-18-061

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 6, 2005, 2:16 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-10-028.

     Title of Rule and Other Identifying Information: Chapter 392-109 WAC, State Board of Education -- Election of members, revisions to this chapter need to be made in response to legislative changes regarding the Office of Superintendent of Public Instruction's role in the election of members to the State Board of Education.

     Hearing Location(s): Office of Superintendent of Public Instruction, 600 South Washington, Olympia, WA 98504, on October 11, 2005, at 9:00 a.m.

     Date of Intended Adoption: October 11, 2005.

     Submit Written Comments to: Administrative Resource Services, Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, e-mail jerickson@ospi.wednet.edu, fax (360) 753-4201, by October 7, 2005.

     Assistance for Persons with Disabilities: Contact Sheila Emery by October 7, 2005, TTY (360) 664-3631 or (360) 725-6271.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2005 Washington state legislature significantly changed the composition of the State Board of Education and required the Office of Superintendent of Public Instruction to adopt rules for the conduct of elections including: The definition of the eastern and western Washington geographic regions for determining positions, calculations of the weighted vote for each elector based on student enrollment, election and dispute resolution procedures, process for filling vacancies, and an election timeline. Proposed changes to chapter 392-109 WAC will implement these rules as well as clarify the election process.

     Statutory Authority for Adoption: Chapter 28A.305 RCW and ESSB 5732.

     Statute Being Implemented: RCW 28A.305.102.

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

     Name of Proponent: [Office of Superintendent of Public Instruction], governmental.

     Name of Agency Personnel Responsible for Drafting: Jolynn Erickson, Office of Superintendent of Public Instruction, (360) 725-6142; Implementation: Marcia Riggers, Office of Superintendent of Public Instruction, (360) 725-6175; and Enforcement: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6130.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is not applicable to nongovernmental agencies.

     A cost-benefit analysis is not required under RCW 34.05.328. This rule is not applicable to nongovernmental agencies.

September 1, 2005

Dr. Terry Bergeson

State Superintendent

OTS-8154.3


AMENDATORY SECTION(Amending Order 18, filed 7/19/90, effective 8/19/90)

WAC 392-109-037   Purpose and authority.   (1) The purpose of this chapter is to provide for the annual election of members to the state board of education by establishing policies and procedures which implement the statutory election process for such positions.

     (2) Authority for this chapter is RCW ((28A.305.020)) 28A.305.102 which authorizes the superintendent of public instruction to adopt rules and ((regulations)) procedures for the conduct of election ((for)) of members ((of)) to the state board of education.

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-109-037, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-037, filed 5/15/84.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-040   ((Purpose.)) Composition.   The state board of education consists of ((nine)) sixteen members: Seven members appointed by the governor; five members, including two from eastern Washington and three from western Washington, elected by the members of public school boards of directors((,)); one member elected by approved private school boards of directors ((and)); the superintendent of public instruction ((who is an ex officio member of the board. The purpose of this chapter is to provide for the annual election of members to the state board of education by establishing policies and procedures which implement the statutory election process for such positions)); and two student representatives selected by the state board of education.

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-040, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-040, filed 5/15/84; 82-16-037 (Order 82-7), § 392-109-040, filed 7/28/82; 80-07-038 (Order 80-20), § 392-109-040, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 18, filed 7/19/90, effective 8/19/90)

WAC 392-109-043   Election officer.   In accordance with RCW ((28A.305.020)) 28A.305.102 the superintendent of public instruction or his or her designee shall serve as the election officer for the coordination and conduct of the election of members ((of)) to the state board of education.

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-109-043, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-043, filed 5/15/84.]


AMENDATORY SECTION(Amending Order 80-20, filed 6/17/80)

WAC 392-109-045   Definitions.   As used in this chapter the term:

     (1) "Board of directors" shall mean:

     (a) The statutory, multimember board of directors of a public school district; ((and)) or

     (b) The person or multimember body recognized by ((a)) an approved private school as having the final authority for policy decisions which govern the operation of the private school.

     (2) (("Chairperson" shall mean a member of a private school board of directors who has been selected by the board either to act as the chief officer of the board or to tabulate and cast the private school's vote pursuant to this chapter.)) "Elector" shall mean:

     (a) Each individual member of a public school board of directors; or

     (b) An approved private school board of directors as a whole.

     (3) "Approved private school" shall mean a school which((:

     (a) Operates any of the grades one through twelve; and

     (b) Is certified)) is approved by the state board of education pursuant to chapter 180-90 WAC, as now or hereafter amended, as being in compliance with statutory standards.

     (4) "Eastern Washington region" shall mean the region comprised of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties.

     (5) "Western Washington region" shall mean the region comprised of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom counties.

     (6) "Weighted vote" shall mean the total number of electoral votes assigned to an elector for:

     (a) Public schools: Each elector shall be entitled to a number of electoral votes equal to:


School District Student Enrollment Each Elector Receives
1 - 1,000 1 vote
1,001 - 2,000 2 votes
2,001 - 3,000 3 votes
3,001 - 4,000 4 votes
4,001 - 5,000 5 votes
5,001 - 6,000 6 votes
6,001 - 7,000 7 votes
7,001 - 8,000 8 votes
8,001 - 9,000 9 votes
9,001 - 10,000 10 votes
10,001 - 15,000 11 votes
15,001 - 20,000 12 votes
20,001 - 25,000 13 votes
25,001 - 30,000 14 votes
30,001 - 35,000 15 votes
35,001 - 40,000 16 votes
40,001 - or greater 17 votes

     (b) Approved private schools: Each approved private school shall be entitled to a number of electoral votes equal to the actual number of students enrolled.

     (7) "Student enrollment" shall mean the number of students enrolled during October of the preceding school year as reported to the superintendent of public instruction.

[Statutory Authority: RCW 28A.04.020. 80-07-038 (Order 80-20), § 392-109-045, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-047   Annual elections.   Election((s for)) of members ((of)) to the state board of education shall be conducted each year preceding ((the)) a year in which the term of one or more members expires, and as required by RCW ((28A.305.090)) 28A.305.102 following a vacancy on the board.

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-047, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-047, filed 5/15/84.]


NEW SECTION
WAC 392-109-048   Election timeline.   An official election timeline shall be published by the superintendent of public instruction at the call of each yearly election that shall include all necessary dates for the conduct of election.

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AMENDATORY SECTION(Amending Order 84-8, filed 5/15/84)

WAC 392-109-050   Information necessary for the conduct of elections -- Responsibility of school officials.   It shall be the responsibility of each member of a board of directors to assure that the superintendent of public instruction is provided current and correct information necessary ((to)) for the conduct of the elections provided for in this chapter. Forms published by the superintendent of public instruction for the purpose of providing the following essential information shall be obtained, completed and submitted on a current basis:

     (1) Approved private schools: The mailing address and previous ((September)) October student enrollment ((for each private school)); and

     (2) Public school districts: The name, legal residence, mailing address and ((congressional district number)) region, as defined in WAC 392-109-034, of residence for each member of a board of directors.

[Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-050, filed 5/15/84; 80-07-038 (Order 80-20), § 392-109-050, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 84-8, filed 5/15/84)

WAC 392-109-060   Publicity and call of election.   On or before August twenty-fifth of each year ((or if such date is a Saturday, Sunday, or holiday the state working day immediately preceding such date)) the superintendent of public instruction shall ((give written)) publicize notice of an election to be held for each ((voting)) position on the state board of education subject to election ((and for the nonvoting position if it is subject to election)) by public and approved private school boards of directors. Notice shall be ((accomplished)) made by, but not limited to:

     (1) ((Mailing)) An official press release containing the call of election ((notice)) materials citing the election rules, declaration and affidavit of candidacy, biographical data form, ((tentative certification of electors, calendar and rules to each member of a public school district board of directors; and

     (2) Mailing copies of the call of election notice, declaration of candidacy, biographical data form, tentative certification of electors, calendar and rules to each private school addressed as follows: Chairperson of the board of directors, c/o principal or chief administrator, (name and address of the particular private school). It shall be the responsibility of each such chairperson to duplicate the call of election notice, calendar and rules if necessary and provide a copy of each to each member of the private school's board of directors)) and election timeline.

     (2) Making the call of election materials in subsection (1) of this section available by contacting: Administrative Resource Services, Office of the Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200.

     (3) Making the call of election materials in subsection (1) of this section available on the superintendent of public instruction's official web site at www.k12.wa.us.

[Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-060, filed 5/15/84; 81-17-005 (Order 81-10), § 392-109-060, filed 8/7/81; 80-07-038 (Order 80-20), § 392-109-060, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-065   Candidates -- Eligibility -- Filing.   (1) Eligibility: A person is eligible to be a candidate for only one ((vacancy)) position on the state board of education at a time.

     (a) A candidate for a vacancy among the ((nine)) five positions on the state board elected by members of public school boards of directors must be a resident of the ((congressional district)) region represented by the position and meet the other qualifications established by RCW ((28A.305.040.)) 28A.305.102; and

     (b) A candidate for a vacancy in the position on the state board elected by private schools ((boards of directors)) must be a resident of the state of Washington and meet the other qualifications established by RCW ((28A.305.040)) 28A.305.102.

     (2) Forms for filing: A person who desires to be a candidate shall complete:

     (a) The declaration and affidavit of candidacy ((and affidavit)) form provided for in WAC 392-109-070; and

     (b) The biographical data form provided for in WAC 392-109-075: Provided, That a declarant may elect not to submit biographical data.

     (3) Filing period: The filing period for candidates for any position on the state board of education ((is from September 1 through September 16. Any declaration of candidacy that is not received by the superintendent of public instruction on or before 5:00 p.m. September 16 shall not be accepted and such a declarant shall not be a candidate: Provided, That any declaration that is postmarked on or before midnight September 16 and received by mail prior to the printing of ballots shall be accepted: Provided further, That any declaration received pursuant to the United States mail on or before 5:00 p.m. September 21 that is not postmarked or legibly postmarked shall also be accepted)) elected by either public or approved private school boards of directors shall be no less than seven days in duration and occur a minimum of sixty days prior to election and shall be included on the election timeline. Declarations not received by 5:00 p.m. on the indicated date will not be included on the certified list of candidates.

     (4) Filing deadline: The filing deadline for candidacy shall be 5:00 p.m. on the date included on the election timeline.

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-065, filed 3/21/96, effective 4/21/96. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-109-065, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. 82-16-037 (Order 82-7), § 392-109-065, filed 7/28/82; 80-07-038 (Order 80-20), § 392-109-065, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-070   Declaration and affidavit of candidacy form.   The declaration and affidavit of candidacy form which each candidate is required to substantially complete and to file as a condition to having his or her name placed on an official ballot is available from the superintendent of public instruction and shall be as follows:

     I, . . . . . . . . . . . , solemnly swear (or affirm): That (if filing for a position elected by members of public school boards of directors) I reside in the . . . . . ((Congressional District)) Region of the state of Washington ((or)) (OR if filing for the position elected by private schools ((boards of directors))) I reside within the state of Washington; That I am aware that if elected, I cannot concurrently serve as a member of the state board of education and as an employee of any school, college, university, or other educational institution, or any educational service district superintendent's office, or in the office of the superintendent of public instruction, or as a member of the board of directors of either a common school district or a private school; and, That I hereby declare myself a candidate for membership on the state board of education for . . . . . . Region, Position No. . . . , a term ((of . . . . . years)) beginning on the second Monday in January, ((19)) 20. . . , subject to the election to be held during the month of ((October)) November, ((19)) 20. . . , and I request that my name be listed on the ballot ((therefor)) thereof.

     Further, I solemnly swear (or affirm) that I will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.

(Print Name) . . . . . . . . . . . .

(Signature) . . . . . . . . . . . .

Address: . . . . . . . . . . . .
. . . . . . . . . . . .
Telephone number . . . . . . . . . . . .
State of Washington
County of . . . . . . . . .
Signed and sworn to (or affirmed) before me on (date) by(name of person making statement).

(Seal or stamp)

 (Signature) . . . . . . . . . . . .

Notary Public
My appointment

expires . . . . . . . . . . . .

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-070, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. 84-15-026 (Order 84-27), § 392-109-070, filed 7/11/84; 80-07-038 (Order 80-20), § 392-109-070, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 84-8, filed 5/15/84)

WAC 392-109-075   Biographical data form.   (1) The superintendent of public instruction shall provide a biographical data form not exceeding ((two)) one letter size double spaced minimum twelve point font typewritten page((s)) in length which each candidate may complete. ((Completed forms submitted to the superintendent of public instruction by a candidate must be camera ready.))

     (2) Biographical data forms shall be reproduced as submitted and distributed by the superintendent of public instruction with the official ballots to each ((voter)) elector.

     (3) Candidates may submit a two-inch by two-inch headshot photograph with this form.

     (4) Filing of this form is not required.

[Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-075, filed 5/15/84; 80-07-038 (Order 80-20), § 392-109-075, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 81-10, filed 8/7/81)

WAC 392-109-077   Withdrawal of candidacy.   Any candidate may withdraw his or her declaration of candidacy by delivering a written, signed and notarized statement of withdrawal to the superintendent of public instruction on or before 5:00 p.m. ((September 21)) on the date included on the election timeline. A candidate's failure to withdraw as prescribed above shall result in the inclusion of the candidate's name on the appropriate election ballot.

[Statutory Authority: RCW 28A.04.020. 81-17-005 (Order 81-10), § 392-109-077, filed 8/7/81.]


AMENDATORY SECTION(Amending Order 84-8, filed 5/15/84)

WAC 392-109-078   Certificate of electors.   (1) The list of eligible ((voters)) electors shall remain open for changes and deletions until 5:00 p.m. ((September 26 or in the event such date is a Saturday, Sunday, or holiday, until 5:00 p.m. the working day immediately following such date)) on the date included on the election timeline.

     (2) The superintendent of public instruction as soon thereafter as is practical shall certify the list of electors and the weighted vote for each elector to be used for election purposes.

[Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-078, filed 5/15/84.]


AMENDATORY SECTION(Amending Order 84-8, filed 5/15/84)

WAC 392-109-080   Ballots -- Contents.   The ballot for each position subject to election pursuant to this chapter shall:

     (1) Contain the names of each candidate eligible for the particular position. ((Ballots for voting positions shall))

     (2) Be prepared for each ((congressional district and the names of candidates thereon shall be rotated)) region. ((In addition to the names of candidates, each ballot shall))

     (3) Set forth the number of electoral ((points)) votes to which each ((voter)) elector is entitled((, as follows:

     (1) Public school board members: Each member of a public school district board of directors shall be entitled to a number of electoral points equal to:

     (a) The actual number of students enrolled in the school district during September of the current calendar year and reported to the superintendent of public instruction for basic education apportionment purposes; or

     (b) If such figure is unavailable by 5:00 p.m. September 26 or in the event such date is a Saturday, Sunday, or holiday, the working day immediately following such date, the actual number of students enrolled and last reported to the superintendent of public instruction for basic education apportionment purposes: Provided, That each member of the board of directors of a public school district that permanently or temporarily has more than five statutory directors shall have his or her electoral points recomputed by multiplying the foregoing enrollment number by a fraction, the denominator of which shall be the number of directors, and the numerator of which shall be five.

     (2) Private schools: Each private school board of directors shall be entitled to a number of electoral points equal to the actual number of students enrolled in each private school under the governance of the board during September of the preceding calendar year and reported to the superintendent of public instruction)).

[Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-080, filed 5/15/84; 80-07-038 (Order 80-20), § 392-109-080, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-085   Ballots and envelopes -- Mailing to ((voters)) electors.   (1) ((On or before October 1)) Ballots shall be mailed to ((voters)) electors on the date included on the election timeline, together with two envelopes to be used for voting.

     (a) The outer and larger envelope (i.e., official ballot return envelope) shall:

     (((a))) (i) Be labeled "official ballot return envelope";

     (((b))) (ii) Be preaddressed with the "superintendent of public instruction" as addressee; and

     (((c) Have provision for prepaid postage; and

     (d))) (iii) Have provision for the identification of the ((voter)) elector, his or her school district or school and his or her ((congressional district if pertinent)) home address.

     (b) The inner and smaller envelope shall be unlabeled and unmarked.

     (2) One official ballot and the two envelopes to be used for voting purposes, any candidates' biographical data and pertinent instructions for voting purposes shall be mailed to each member of a public school district board of directors.

     (3) One official ballot, ((a number of copies of the ballot,)) two envelopes to be used for voting purposes, any candidates' biographical data and pertinent instructions for voting purposes shall be mailed to each approved private school addressed ((as follows: Chairperson of the board of directors, c/o principal or)) to the chief administrator((, (name and address of the particular)) of each approved private school((). It shall be the responsibility of each such chairperson to duplicate the ballot, biographical data and pertinent instructions for voting purposes if necessary and provide a copy to each member of the private school's board of directors)).

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-085, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-085, filed 5/15/84; 81-17-005 (Order 81-10), § 392-109-085, filed 8/7/81; 80-07-038 (Order 80-20), § 392-109-085, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-090   Voting -- Marking and return of ballots.   (1) ((Public school board members:)) Each member of a public school district board of directors may vote for one of the candidates for each position named on his or her official ballot by placing an "x" or other mark in the space provided next to the name of a candidate.

     (2) ((Private school board members:)) Each ((member of a)) approved private school ((board of directors shall return his or her marked ballot to the chairperson of the board. The chairperson shall tabulate the votes and be entitled to cast one vote for the candidate who receives a majority of the board members' votes. The chairperson shall then mark the official ballot accordingly)) may vote for one candidate on the official ballot by placing an "x" or other mark in the space provided next to the name of a candidate.

     (3) ((Return of ballots:)) Each member of a public school district board of directors and each ((chairperson of a)) approved private school ((board of directors)) shall complete voting by:

     (a) Placing ((his or her)) the marked official ballot in the smaller, unmarked envelope and sealing the same;

     (b) Placing the smaller unmarked envelope containing the official ballot in the larger preaddressed envelope marked "official ballot return envelope" and sealing the same; and

     (c) ((If not already designated, completing the following information on the face of the official ballot return envelope: Name, identification of school district or private school and, in the case of public school district board members, identification of the congressional district of residence; and

     (d))) Affixing proper postage and placing the official ballot return envelope in the United States mail or otherwise delivering the envelope to the superintendent of public instruction.

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-090, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-090, filed 5/15/84; 80-07-038 (Order 80-20), § 392-109-090, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 84-8, filed 5/15/84)

WAC 392-109-095   Election ((board)) committee -- Appointment and composition.   The ((state board of education)) superintendent of public instruction shall annually appoint a three member election ((board)) committee and at least one alternate who shall serve thereon in the absence of a regular member of the election ((board)) committee. Counting of votes cast at elections conducted pursuant to this chapter shall be ((counted)) supervised by the superintendent of public instruction or his or her designee and the election ((board)) committee.

[Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-095, filed 5/15/84; 80-07-038 (Order 80-20), § 392-109-095, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-100   Receipt of ballots and count of votes.   (1) As official ballot return envelopes are received by the superintendent of public instruction, a preliminary determination shall be made as to the eligibility of the ((voter)) elector, and a record shall be made on a list of eligible ((voters)) electors and approved private schools that the ((voter or school)) elector has voted.

     (2) Official ballot return envelopes not submitted in compliance with this chapter and other envelopes containing ballots shall be set aside for a final review and acceptance or rejection by the election ((board)) committee.

     (((2))) (3) The election ((board)) committee shall convene for the purpose of counting votes on ((or before October 25 or if such date is a Saturday, Sunday, or holiday, on or before the state working day immediately preceding such date at a date, time and place designated by the superintendent of public instruction)) the date included on the election timeline.

     (a) Official ballot return envelopes ((that are)) accepted by the election ((board)) committee shall be opened((,)) and the inner unmarked envelopes containing the official ballots shall be removed and placed aside((,)) still sealed.

     (b) The inner unmarked envelopes shall then be opened and the votes counted by the election ((board)) committee.

     (((3))) (4) No record shall be made or maintained of the candidate for ((which)) whom any ((voter)) elector cast his or her vote.

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-100, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-100, filed 5/15/84; 80-07-038 (Order 80-20), § 392-109-100, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-105   Ineligible votes.   The following ballots and votes shall be declared void and shall not be accepted:

     (1) Votes for write-in candidates;

     (2) Votes cast on other than an official ballot provided pursuant to this chapter;

     (3) Ballots which contain a vote for two or more of the named candidates;

     (4) Ballots contained in other than an official ballot return envelope provided pursuant to this chapter;

     (5) Ballots contained in an official ballot return envelope upon which the ((voter)) elector is not designated by name;

     (6) Ballots received after 5:00 p.m. ((October 16:)) on the date included on the election timeline. Provided, that any official ballot return envelope that is postmarked on or before midnight ((October 16)) of the above date and received pursuant to the United States mail prior to the initial counting of votes by the election ((board)) committee shall be accepted((: Provided further, That any official ballot return envelope received pursuant to the United States mail on or before 5:00 p.m. on October 21 that is not postmarked or legibly postmarked shall also be accepted)); and

     (7) Such other ballots or votes as the election ((board)) committee shall determine to be unidentifiable or unlawful.

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-105, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-105, filed 5/15/84; 80-07-038 (Order 80-20), § 392-109-105, filed 6/17/80.]


NEW SECTION
WAC 392-109-111   Run-off election.   If no candidate for any one position receives a minimum of fifty percent plus one of the total votes for such position, the superintendent of public instruction shall call a run-off election between the two candidates receiving the two highest vote totals for such position.

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NEW SECTION
WAC 392-109-112   Dispute resolution.   (1) Any public school district board member or any approved private school eligible to vote for a candidate for membership on the state board of education or any candidate for the position, within ten days after the superintendent of public instruction's reporting of election, may contest the election of a candidate for any of the following causes:

     (a) Because the person whose right is being contested gave a bribe or reward to an elector for the purpose of procuring the candidate's election, or offered to do so; or

     (b) On account of illegal votes.

     (2) An action contesting an election pursuant to this chapter shall be conducted in compliance with chapter 29A.68 RCW, as now or hereafter amended.

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AMENDATORY SECTION(Amending Order 84-8, filed 5/15/84)

WAC 392-109-115   ((Certification)) Report and certification of election.   ((Within ten calendar days after the date upon which the votes were counted, but no sooner than eight calendar days after the votes were counted by the election board, the superintendent of public instruction shall officially certify the name or names of candidates elected by signing and forwarding written notice to the secretary of state.)) (1) On the date included on the election timeline, but no later than December 15, if a candidate receives a minimum of fifty percent plus one of the total votes for a position, the superintendent shall publicly announce and certify the election results; or

     (2) If a candidate does not receive a minimum of fifty percent plus one of the total votes for a position, the superintendent shall publicly announce the need for a run-off election; the results of which shall be announced and certified no more than ten days after election.

[Statutory Authority: RCW 28A.04.020. 84-11-038 (Order 84-8), § 392-109-115, filed 5/15/84; 81-17-005 (Order 81-10), § 392-109-115, filed 8/7/81; 80-07-038 (Order 80-20), § 392-109-115, filed 6/17/80.]


AMENDATORY SECTION(Amending Order 90-01, filed 1/31/90, effective 3/3/90)

WAC 392-109-117   Publishing of names.   As soon as reasonably possible after each annual election the superintendent of public instruction shall publish the names of the ((directors)) electors and approved private schools who voted in the election.

[Statutory Authority: RCW 28A.04.020. 90-04-043 (Order 90-01), § 392-109-117, filed 1/31/90, effective 3/3/90; 81-17-005 (Order 81-10), § 392-109-117, filed 8/7/81.]


AMENDATORY SECTION(Amending Order 96-05, filed 3/21/96, effective 4/21/96)

WAC 392-109-120   Vacancies and special elections.   (1) Whenever a vacancy among members elected by public school boards of directors occurs on the state board of education, from any cause whatsoever, it shall be the duty of the remaining members representing public school boards of directors to fill such vacancy by appointment consistent with the appropriate regional position being vacated, and the person so appointed shall continue in office until his or her successor has been specially elected.

     (2) Whenever a vacancy of the approved private school elected member occurs on the state board of education, from any cause whatsoever, it shall be the duty of the private school advisory committee to fill such vacancy consistent with qualifications in RCW 28A.305.102 and the person so appointed shall continue in office until his or her successor has been specially elected.

     (3) When a vacancy occurs, the superintendent of public instruction shall include such a position in the call of election the following year; a special election to be held in the same manner as other elections provided for in this chapter, at which election a successor shall be elected to hold office for the unexpired term of the member whose position was vacated.

     (4) Special elections provided for in RCW ((28A.305.030 (new congressional districts), 28A.305.060 (run-off elections) and 28A.305.090 (vacancies))) 28A.305.102 shall be conducted in accordance with ((the pertinent procedural and substantive provisions of)) this chapter((, including the time schedules governing the conduct of elections, as modified by the superintendent of public instruction to accommodate the special nature of the election and special statutory dates and requirements)).

[Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-120, filed 3/21/96, effective 4/21/96. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-109-120, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. 80-07-038 (Order 80-20), § 392-109-120, filed 6/17/80.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-109-055 Publicity.
WAC 392-109-058 Tentative certification of electors.
WAC 392-109-072 Candidates for new congressional district positions -- First elections -- Term of office.
WAC 392-109-110 Recount of votes cast -- Automatic -- By request.

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