WSR 01-06-023

PROPOSED RULES

SECRETARY OF STATE


[ Filed February 27, 2001, 12:13 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-22-042.

Title of Rule: The changes will clarify the qualifications for certified election administrators and assistant election administrators as well as set procedures for recertification.

Purpose: The purpose is to have requirements and procedures for certification of election administrators and assistant election administrators which cover all situations related to the certification program.

Statutory Authority for Adoption: RCW 29.60.020.

Summary: For certified election administrators and assistant election administrators, required experience must have been continuous and must be acquired immediately prior to initial certification. Training required for initial certification must be acquired within five years of application. Minimums are set for election related training for maintaining certification. Procedures are set for recertifying after a lapse of certification has taken place.

Reasons Supporting Proposal: Initial certification of election administrators should include up-to-date information and experience needs to be continuous. A portion of the training used for maintaining certification should be election administration specific. Some administrators have let their certification lapse and a recertification procedure is needed.

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

Name of Proponent: 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: County auditors are required by law to have on staff at least two certified election administrators. There is also a lower certification for assistant election administrators. Changes to existing rules tighten the requirements for initial certification and maintenance. Two sections are added describing the procedure for recertifying after a certification has lapsed. Essentially, the requirements are the same as initial certification with one exception: Only one half of the training required may come from the training used for their prior certification. The other half must be new training.

Proposal Changes the Following Existing Rules: The changes in existing rules apply to both election administrators and assistant election administrators. For initial certification, required service must be continuous and acquired immediately prior to application for certification. Required training for initial certification must be acquired within five years of application. Once certified, the training required for maintenance must have a minimum number of hours of election specific subjects: Six hours for election administrators and two hours for assistant election administrators.

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

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 (5)(b)(ii).

Hearing Location: 120 East Union, Suite #106, Olympia, WA 98501, on April 11, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Sheryl Moss by April 4, 2001, TDD (360) 753-1485, or (360) 664-3653.

Submit Written Comments to: Sheryl Moss, Office of the Secretary of State, P.O. Box 40232, Olympia, WA 98504, fax (360) 664-3657, e-mail sheryl@secstate.wa.gov, by April 10, 2001.

Date of Intended Adoption: April 12, 2001.

February 27, 2001

Steve Excell

Assistant Secretary of State

OTS-3920.4


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

WAC 434-260-220   Certification of election administrators.   Election administrators shall become certified upon completion of the following:

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

(2) Two years' continuous service as an election administrator immediately prior to the date of a request for initial certification;

(3) Taking and passing the open book written test described in WAC ((434-60-260)) 434-260-260;

(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:

(a) Washington Association of County Auditors;

(b) Secretary of state;

(c) The Elections Center;

(d) 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.

Such 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.

(5) A high school diploma or its equivalent.

[Statutory Authority: RCW 29.60.020. 99-12-004, 434-260-220, filed 5/19/99, effective 6/19/99; 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 99-12-004, filed 5/19/99, effective 6/19/99)

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)) One year continuous service in election administration immediately prior to the date of a request for initial certification;

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

(4) A minimum of twenty hours participation in conferences and workshops sponsored by those organizations listed in WAC 434-260-220(4). Such training shall be received within five years prior to the date of a request for certification and shall include at least fifteen hours of election-specific training;

(5) A high school diploma or equivalent.

[Statutory Authority: RCW 29.60.020. 99-12-004, 434-260-225, filed 5/19/99, effective 6/19/99.]


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

WAC 434-260-300   Maintaining 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:

(1) Continuous service as an election administrator during the year for which maintenance is required;

(2) Participation in an annual minimum of eighteen 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.

[Statutory Authority: RCW 29.60.020. 99-12-004, 434-260-300, filed 5/19/99, effective 6/19/99; 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 99-12-004, filed 5/19/99, effective 6/19/99)

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, at least two hours of which shall be on election-specific training. This training may be received at an election oriented workshop or conference sponsored by any of the organizations listed in WAC 434-260-220. 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.

[Statutory Authority: RCW 29.60.020. 99-12-004, 434-260-305, filed 5/19/99, effective 6/19/99.]


NEW SECTION
WAC 434-260-307   Lapse of certification of election administrator.   Certification as an election administrator shall lapse when minimum requirements for maintaining certification are not met for two consecutive years. Recertification shall occur upon the following:

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

(2) 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.

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

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NEW SECTION
WAC 434-260-309   Lapse of certification of assistant election administrator.   Certification as an assistant election administrator shall lapse when minimum requirements for maintaining certification are not met for two consecutive years. Recertification may occur upon completion of the following:

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

(2) Completion of one year continuous service in election administration 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 twenty 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 ten hours of training used for prior certification and maintenance.

An assistant election administrator shall be allowed one recertification in any five-year period.

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Washington State Code Reviser's Office