H-0749.1

HOUSE BILL 1885

ByRepresentative Hudgins

AN ACT Relating to expanding election certification and training for elections administrators and professionals in order to promote more oversight and accountability of the election administration process; amending RCW 29A.04.530, 29A.04.540, and 29A.60.140; and adding new sections to chapter 29A.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 29A.04.530 and 2009 c 415 s 8 are each amended to read as follows:

(1) The secretary of state shall:

(((1)))(a) Establish and operate, or provide by contract, training and, in accordance with section 2 of this act, certification programs for state and county elections administration officials, elections professionals, and personnel, including training on election laws, the various types of election law violations, and discrimination;

(((2)))(b) Offer trainings and certification programs and courses, pursuant to (a) of this subsection and section 3 of this act, at reasonably dispersed times throughout the year;

(c) Administer tests for state and county officials, elections professionals, and personnel who have received such training and issue certificates to those who have successfully completed the ((training and passed such tests))requirements under section 2 of this act;

(((3)))(d) Maintain a record of those individuals who have received such training and certificates; ((and

))(e) Provide the staffing and support services required by the board created under RCW 29A.04.510; and

(f) Make available certification applications to elections administrators and personnel, and elections professionals.

NEW SECTION.  Sec. 2. A new section is added to chapter 29A.04 RCW to read as follows:

Elections administrators and elections professionals, as defined in RCW 29A.04.530, become certified upon completion of the following:

(1) Completion of a certification course established by the secretary of state, in accordance with section 3 of this act;

(2) At least two years of service, during the three-year period immediately prior to the request for initial certification, as an elections administrator or as an elections professional;

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

(4)(a) A minimum of forty hours participation in conferences and workshops as preapproved by the secretary of state. The secretary of state must publish on its web site all preapproved conferences and workshops and all requirements or criteria for the preapproval of conferences and workshops. The secretary of state may preapprove conferences and workshops offered in other states.

(b) At least thirty of the required forty hours must be election-specific training as follows:

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

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

(c) Up to ten of the forty hours of training may be for professional development as determined by the county or state approving authority. Training may include election-related continuing legal education courses, workshops, or conferences offered through the state bar association or otherwise approved by the state bar association for continuing legal education credits.

(d) All training must be received not more than five years prior to the date of a request for initial certification; and

(5) A high school diploma or its equivalent. For each applicant, the secretary of state shall maintain a record of the highest level of verified education completed and the name of the corresponding educational institution.

NEW SECTION.  Sec. 3. A new section is added to chapter 29A.04 RCW to read as follows:

(1) All elections administrators, personnel, and elections professionals shall attend a mandatory certification course sponsored by the secretary of state to be eligible for certification. The mandatory certification course must be offered to elections administrators, personnel, and elections professionals at least twice annually and must be reasonably dispersed throughout the year.

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

NEW SECTION.  Sec. 4. A new section is added to chapter 29A.04 RCW to read as follows:

(1) Certifications awarded upon completion of training under section 2 of this act must be renewed every two years. Applications for certification renewal must be submitted to the secretary of state by December 31st of every odd-numbered year.

(2) The secretary of state shall renew certification upon the applicant's participation in forty hours of continuing education, in accordance with section 2(4) of this act, within the two-year renewal period.

(3) Elections administrators, personnel, or elections professionals who become initially certified during a two-year renewal period may apply any training taken during that renewal period, including training used for initial certification, toward the requirement in subsection (2) of this section.

NEW SECTION.  Sec. 5. A new section is added to chapter 29A.04 RCW to read as follows:

(1) An elections administrator's, personnel's, or elections professional's certification expires when the minimum requirements for certification renewal, in accordance with section 4 of this act, are not met.

(2) An elections administrator or elections professional may recertify within two years of certification expiration. To recertify, an elections administrator or elections professional must:

(a) Attend the secretary of state's certification course established pursuant to section 2 of this act;

(b) Serve for two continuous years as an elections administrator, personnel, or elections professional immediately prior to the date of a request for recertification;

(c) Take and pass a recertification exam, which must be the same as the written exam in section 2 of this act; and

(d) Attend twenty hours of Washington state election-specific training published on the secretary of state's web site as an approved training.

(3) An elections administrator, personnel, or elections professional must be allowed only one recertification in any ten-year period.

Sec. 6. RCW 29A.04.540 and 2011 c 10 s 11 are each amended to read as follows:

(1) A person having responsibility for the administration or conduct of elections shall, within eighteen months of undertaking those responsibilities, receive general training regarding the conduct of elections and specific training regarding their responsibilities and duties as prescribed by this title or by rules adopted by the secretary of state under this title. Included among those persons for whom such training is mandatory are the following:

(((1)))(a) Secretary of state elections division personnel;

(((2)))(b) County elections administrators under RCW 36.22.220; and

(((3)))(c) Any other person or group charged with election administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the training.

(3) Neither this section nor RCW 29A.04.530 may be construed as requiring an elected official to receive training or a certificate of training as a condition for seeking or holding elective office or as a condition for carrying out constitutional duties.

Sec. 7. RCW 29A.60.140 and 2008 c 308 s 1 are each amended to read as follows:

(1) Members of the county canvassing board are the county auditor, who is the chair, the county prosecuting attorney, and the chair of the county legislative body. If a member of the board is not available to carry out the duties of the board, then the auditor may designate a deputy auditor, the prosecutor may designate a deputy prosecuting attorney, and the chair of the county legislative body may designate another member of the county legislative body or, in a county with a population over one million, an employee of the legislative body who reports directly to the chair. An "employee of the legislative body" means an individual who serves in any of the following positions: Chief of staff; legal counsel; clerk of the council; policy staff director; and any successor positions to these positions should these original positions be changed. Any such designation may be made on an election-by-election basis or may be on a permanent basis until revoked by the designating authority. Any such designation must be in writing, and if for a specific election, must be filed with the county auditor not later than the day before the first day duties are to be undertaken by the canvassing board. If the designation is permanent until revoked by the designating authority, then the designation must be on file in the county auditor's office no later than the day before the first day the designee is to undertake the duties of the canvassing board. Members of the county canvassing board designated by the county auditor, county prosecuting attorney, or chair of the county legislative body shall complete training as provided in RCW 29A.04.540, become certified pursuant to section 2 of this act within one year of becoming a member of the county canvassing board, and shall take an oath of office similar to that taken by county auditors and deputy auditors in the performance of their duties.

(2) The county canvassing board may adopt rules that delegate in writing to the county auditor or the county auditor's staff the performance of any task assigned by law to the canvassing board.

(3) The county canvassing board may not delegate the responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of determining the validity of provisional ballots referred to the board by the county auditor.

(4) The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction.

(5) Meetings of the county canvassing board are public meetings under chapter 42.30 RCW. All rules adopted by the county canvassing board must be adopted in a public meeting under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.56 RCW.

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