WSR 17-15-100 PERMANENT RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed July 18, 2017, 10:59 a.m., effective August 18, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: These permanent rules amend chapter 392-107 WAC, which governs the administration of the election of board members to educational service districts. The amendments correct a few outdated references, align some procedures with those used for other elections conducted in the state, and update forms the office of superintendent of public instruction uses to conduct elections. Most changes are technical and intended to improve the efficiency of conducting ESD elections.
Citation of Rules Affected by this Order: Amending chapter 392-107 WAC.
Statutory Authority for Adoption: RCW 28A.310.080.
Adopted under notice filed as WSR 17-12-059 on June 2, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 13, 2017.
Chris P. S. Reykdal
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 07-17-182, filed 8/22/07, effective 9/22/07)
WAC 392-107-201 Election of educational service district board members.
(1) The procedures governing the election of members to the boards of directors of educational service districts are set forth under RCW ((18A.310.080)) 28A.310.080 through 28A.310.110 and WAC 392-107-205 through 392-107-225.
(2) Elections for members of boards of educational service districts ((shall)) must be conducted ((biennially)) in odd-numbered years.
AMENDATORY SECTION (Amending WSR 07-17-182, filed 8/22/07, effective 9/22/07)
WAC 392-107-205 Electors ((provisions)).
(((1) It shall be the responsibility of the educational service districts to assure that the superintendent of public instruction is provided current and correct information necessary to 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:
(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 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 superintendent of public instruction as soon thereafter as is practical shall certify the list of electors.)) An elector is each individual member of a public school board of directors. The office of superintendent of public instruction will obtain the list of electors from the Washington state school directors association or the individual educational service districts. The list must include each public school director's: Name, mailing address, school district name, and board member position or director district number.
AMENDATORY SECTION (Amending WSR 07-17-182, filed 8/22/07, effective 9/22/07)
WAC 392-107-210 ((Publicity and)) Call of election.
(((1) The superintendent of public instruction shall biennially provide reasonable public information concerning the election of educational service district board members through press and publication releases beginning in May of the year the elections are to be called.
(2) Call of election. See RCW 28A.310.080.)) On or before August 25th of odd-numbered years, the superintendent of public instruction must publicize a call for election. The call of election must include an election timeline, candidate filing information and forms, and voting information. The timeline and other relevant election information will be posted to the superintendent of public instruction's public web site. The superintendent will issue a press release or similar form of public communication to provide election information to the public.
AMENDATORY SECTION (Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)
WAC 392-107-215 Candidate qualifications—Forms—Filing—Withdrawal of candidacy.
(1) Eligibility. A person is eligible to be a candidate for membership on an educational service district board if he or she is a registered voter and a resident of the board-member district for which the candidate files. Restriction on other service pursuant to RCW 28A.310.070.
(2) Declaration ((and affidavit)) of candidacy. A person who desires to ((file for candidacy shall)) be a candidate must complete and file ((with the state board of education)) a declaration ((and affidavit)) of candidacy form with the office of superintendent of public instruction as a condition to having his or her name placed on the official ballot. ((The form is available through the state board of education office in Olympia or through the local educational service district office.))
The office of superintendent of public instruction will provide the declaration of candidacy form, which must include the candidate's name, residential address, mailing address (if different from residence), phone number, email address, exact name to be printed on ballot, the position the candidate is running for, and the candidate's signature and date signed. The form must also include the following declaration:
I declare that the above information is true, that I am a registered voter residing at the address listed above, that I am a candidate for the office listed above, and that I am aware if elected, I cannot serve as an employee of a school district or as a member of a board of directors of a common school district or as a member of the state board of education and as a member of an educational service district board at the same time. I 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.
(3) Optional ((biographical form. A person who desires to file for candidacy has the option of completing and filing with the state board of education, for inclusion with balloting information, a biographical form not to exceed two pages. The form is available through the state board of education office in Olympia or through the local educational service district office)) candidate statement. A candidate has the option of completing and filing a candidate statement and photo for inclusion with balloting information. The candidate statement, if submitted, shall not exceed three hundred words. The candidate may include one head-shot photo. The candidate statement and photo must be filed by the date and manner provided in the election timeline.
(4) Filing period. ((The filing period is set forth under RCW 28A.310.080. The filing period for candidates for any position on an educational service district board is from September 1st through September 16th. Any declaration and affidavit of candidacy that is postmarked on or before midnight September 16th and received by mail prior to the printing of ballots shall be accepted. Any declaration and affidavit of candidacy that is received by United States mail on or before 5:00 p.m. September 21st and is not postmarked or legibly postmarked shall be accepted.)) The declaration of candidacy may be filed by postal mail or in person. If filed by mail, the declaration must be postmarked on or by September 16th. If the declaration is filed in person, it must be delivered to the office of superintendent of public instruction on or by September 16th, or the business day otherwise specified in the election timeline. Any declaration postmarked or received after the close of the filing period will not be accepted.
(5) Any candidate may withdraw his or her declaration ((and affidavit)) of candidacy by ((delivering a written, signed and notarized statement of withdrawal to the secretary to the state board of education)) completing and signing a statement of withdrawal form and filing the form with the office of superintendent of public instruction on or before 5:00 p.m. September 21st (or business day set forth in election timeline). A candidate's failure to withdraw ((as prescribed above shall)) will result in the inclusion of the candidate's name on the appropriate election ballot.
AMENDATORY SECTION (Amending WSR 07-17-182, filed 8/22/07, effective 9/22/07)
WAC 392-107-220 Balloting.
(1) ((Ballots shall be prepared by the superintendent of public instruction.)) The office of superintendent of public instruction must prepare ballots, subject to the following conditions:
(a) The ballot for each position subject to election ((shall)) must contain the name of each candidate eligible for the particular position((. There shall be));
(b) The ballot must include a separate listing of the candidates for each board-member ((district)) position open in the ((particular)) educational service district((.)); and
(c) A board-member ((district)) position shall be stricken from the ballot if no candidate files for the position within the timelines specified in RCW 28A.310.080 and WAC 180-22-215((.
(2)(a) The 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 "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.)) during the candidate filing period.
(2) The voting package must include the following:
(a) Official ballot;
(b) Ballot return envelope, marked "Official Ballot" and preaddressed to the office of superintendent of public instruction. The return address area of the envelope must be preaddressed with the elector's name, mailing address, and school district;
(c) Secrecy envelope, consisting of a plain envelope with no markings that is smaller than the ballot return envelope;
(d) Instructions to electors, which must identify how to mark the ballot, the date the ballot must be postmarked or returned, and directions on how to place the ballot in the secrecy envelope and place the secrecy envelope in the ballot return envelope;
(e) Candidate statements and photos, which may be compiled into a single document.
(3) Marking of ballots. Each ((member of a public school district board of directors)) elector may vote for one ((of the)) candidate((s)) in each board-member ((district)) position named on his or her ballot by placing an "X" or other mark as instructed 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)) elector must complete voting by:
(a) Placing ((his or her)) the marked official ballot in the ((smaller, unmarked)) secrecy envelope ((and));
(b) Sealing the ((same)) secrecy envelope;
(c) Placing the ((smaller)) secrecy envelope containing the official ballot in the ((larger preaddressed envelope marked "official ballot" and sealing the same)) ballot return envelope;
(d) Sealing the ballot return envelope; and
(e) 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)).
(5) Voted ballots must be postmarked on or before October 16th. Ballots delivered in person must be received at the office of superintendent of public instruction on or before October 16th. Voted ballots must be mailed or delivered to the office of superintendent of public instruction.
AMENDATORY SECTION (Amending WSR 07-17-182, filed 8/22/07, effective 9/22/07)
WAC 392-107-225 Counting—Ineligible votes—Recount—Certification of election—Special election.
(1)(a) As official ballot envelopes are received by the superintendent of public instruction, a preliminary determination ((shall)) must be made as to the eligibility of the ((voter)) elector and a record shall be made on the list of ((eligible voters)) electors that the ((voter)) elector has voted.
(b) Official ballot envelopes not submitted in compliance with this chapter and other envelopes containing ballots ((shall)) must be set aside for a final review and acceptance or rejection by the election board.
(2)(a) The election board ((shall)) must convene for the purpose of counting votes on or before 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 superintendent of public instruction)), but not earlier than October 21st.
(b) Official ballot envelopes that are accepted by the election board ((shall)) must be opened ((and the inner envelopes containing ballots shall)). The secrecy envelope must be removed and placed aside, ((still sealed)) unopened. The ((inner)) secrecy envelopes ((shall)) must 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)) elector cast his or her vote.
(3) Ineligible votes. The following ballots and votes ((shall)) must be declared void and ((shall)) will 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)) position.
(d) Ballots contained in other than the official ballot envelope.
(e) Ballots contained in the official ballot envelope upon which the ((voter's name)) elector is not designated by name.
(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)) postmarked after October 16th; hand-delivered ballots received after October 16th; ballots postmarked on or before October 16th but received after October 21st; mailed ballots with illegible postmarks received after October 21st.
(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)) will 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)) must be made in writing and received by the 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 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)) persons elected to membership on the educational service district board of directors.
(6) ((Special election. See RCW 28A.310.100.)) 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 must call a run-off election between the two candidates receiving the two highest vote totals for such position. The call for run-off election by the superintendent of public instruction must occur no later than November 1st. Ballots will be mailed to the same list of electors as were issued ballots for the initial election. In the event of a tie, the winner will be determined by lot drawing. To conduct the lot draw, the superintendent of public instruction, or designee, will place both names in a container and randomly draw one of the names. The lot draw will be conducted at the office of the superintendent of public instruction and will be witnessed by the three member election board. The candidate whose name is drawn will be deemed elected.
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