Title of Rule and Other Identifying Information: Chapter 392-107 WAC, Educational service districts -- Election of board members.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are being made as required under E2SHB 2098, sections 909 through 911.

     Statutory Authority for Adoption: RCW 28A.310.020.

     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, Implementation and Enforcement: Marcia L. Riggers, Office of Superintendent of Public Instruction, (360) 725-6175.

October 3, 2006

Marty S. Daybell

Deputy Superintendent

OTS-9242.1

     (2) Elections for members of boards of educational service districts shall be conducted biennially in odd-numbered years.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as § 392-107-201, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.310.020, 28A.210.080. 02-18-052, § 180-22-201, filed 8/28/02, effective 9/28/02.]

     (a) The name, legal residence, mailing address and board-member district number of persons serving on the educational service district board of directors; and

     (b) The position numbers for which appointments have been made to fill unexpired terms.

     (2) On August 21st of the year of election or, if such date is a Saturday, Sunday, or holiday, the state working day immediately preceding such date, the ((secretary to the state board of education)) superintendent of public instruction shall certify a tentative list of electors consisting of all persons eligible to vote if the election were held on that date.

     (3) The list of eligible voters shall remain open for changes and deletions until 5:00 p.m. September 26th or, in the event such date is a Saturday, Sunday, or holiday, until 5:00 p.m. the working day immediately following such date. The ((secretary to the state board of education)) superintendent of public instruction as soon thereafter as is practical shall certify the list of electors.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as § 392-107-205, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.310.020, 28A.210.080. 02-18-052, § 180-22-205, filed 8/28/02, effective 9/28/02.]

     (2) Call of election. See RCW 28A.310.080.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as § 392-107-210, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.310.020, 28A.210.080. 02-18-052, § 180-22-210, filed 8/28/02, effective 9/28/02.]

     (2)(a) The ((secretary to the state board of education)) superintendent of public instruction shall develop voting instructions which shall accompany the ballots. Biographical forms submitted under WAC 180-22-215(3) shall also accompany the ballots.

     (b) On or before October 1st, ballots shall be mailed to voters with two envelopes to be used for voting.

     (i) The outer, larger envelope (i.e., official ballot envelope) shall be labeled "official ballot"; be preaddressed with the "((secretary to the state board of education)) superintendent of public instruction" as addressee; and have provision for the identification of the voter, mailing address, his or her school district, and his or her educational service district.

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

     (3) Marking of ballots. Each member of a public school district board of directors may vote for one of the candidates in each board-member district named on his or her ballot by placing an "X" or other mark in the space provided next to the name of a candidate.

     (4) Return of ballots. Each member of a public school district board of directors shall complete voting by placing his or her marked official ballot in the smaller, unmarked envelope and sealing the same; placing the smaller envelope containing the ballot in the larger preaddressed envelope marked "official ballot" and sealing the same; if not already designated, completing the following information on the face of the official ballot envelope: Name, mailing address, identification of school district and educational service district; and placing the official ballot envelope in the United States mail to the secretary to the state board of education.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as § 392-107-220, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.310.020, 28A.210.080. 02-18-052, § 180-22-220, filed 8/28/02, effective 9/28/02.]

     (b) Official ballot 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.

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

     (b) Official ballot envelopes that are accepted by the election board shall be opened and the inner envelopes containing ballots shall be removed and placed aside, still sealed. The inner envelopes shall then be opened and the votes counted by the election board.

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

     (3) Ineligible votes. The following ballots and votes shall be declared void and shall not be accepted:

     (a) Votes for write-in candidates.

     (b) Votes cast on other than an official ballot.

     (c) Ballots which contain a vote for more than one candidate in a board-member district.

     (d) Ballots contained in other than the official ballot envelope.

     (e) Ballots contained in the official ballot envelope upon which the voter's name is not designated.

     (f) Ballots received after 5:00 p.m. October 16th. However, any ballot that is postmarked on or before midnight October 16th and received prior to the initial counting of votes by the election board shall be accepted. Any ballot received pursuant to the United States mail on or before 5:00 p.m. on October 21st that is not postmarked or legibly postmarked shall be accepted.

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

     (4)(a) Recounts. Automatic. A recount of votes cast shall be automatic if the electoral vote difference between any two candidates for the same position is one vote or less than one percent of electoral votes on a single ballot cast for the position, whichever is greater.

     (b) Recounts. Upon request. A recount of votes cast shall be afforded any candidate as a matter of right. The request shall be made in writing and received by the ((secretary to the state board of education)) superintendent of public instruction within seven calendar days after the date upon which the votes were counted by the election board.

     (5) Certification of election. Within ten calendar days after the date upon which the votes were counted, and no sooner than eight calendar days after the votes are counted by the election board, the ((secretary to the state board of education)) superintendent of public instruction shall officially certify to the county auditor of the headquarters county of the educational service district the name or names of candidates elected to membership on the educational service district board of directors.

     (6) Special election. See RCW 28A.310.100.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as § 392-107-225, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.310.020, 28A.210.080. 02-18-052, § 180-22-225, filed 8/28/02, effective 9/28/02.]

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