WSR 17-15-101
PERMANENT RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed July 18, 2017, 11:00 a.m., effective August 18, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: These permanent rules amend chapter 392-109 WAC, which governs the administration of the election of board members to the state board of education. The amendments update and correct a few outdated references, align some procedures with those used for other elections conducted in the state, and update forms the office of superintendent of public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 educational service district elections.
Citation of Existing Rules Affected by this Order: Amending chapter 392-109 WAC.
Statutory Authority for Adoption: RCW 28A.305.021.
Adopted under notice filed as WSR 17-12-060 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 05-22-007, filed 10/20/05, effective 11/20/05)
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.305.102)) 28A.305.021 which authorizes the superintendent of public instruction to adopt rules and procedures for the conduct of election of members to the state board of education.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-043 Election officer.
In accordance with RCW ((28A.305.102)) 28A.305.021, the superintendent of public instruction or his or her designee ((shall)) serves as the election officer for the coordination and conduct of the election of members to the state board of education.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-045 Definitions.
As used in this chapter the term:
(1) "Board of directors" ((shall)) means:
(a) The statutory, multimember board of directors of a public school district; or
(b) The person or multimember body recognized by an approved private school as having the final authority for policy decisions which govern the operation of the private school.
(2) "Elector" ((shall)) means:
(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)) means a school which 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)) means 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)) means 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)) means 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)) means the number of students enrolled during October of the preceding school year as reported to the superintendent of public instruction.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-047 Annual elections.
The superintendent of public instruction must conduct an election of members to the state board of education ((shall be conducted)) each year preceding a year in which the term of one or more members expires, and as required by RCW ((28A.305.102)) 28A.305.021 following a vacancy on the board.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-048 Election timeline.
The superintendent of public instruction must publish 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.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-050 Elector 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 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) Public schools. 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.
(2) Approved private schools((:)). The state board of education must provide to the office of superintendent of public instruction the mailing address ((and previous October student enrollment; and
(2) Public school districts: The name, legal residence, mailing address and region, as defined in WAC 392-109-034, of residence for each member of a board of directors)) for the board of directors of each approved private school.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-060 ((Publicity and)) Call of election.
On or before August twenty-fifth of each year the superintendent of public instruction ((shall publicize notice of an election to be held for each position on the state board of education subject to election by public and approved private school boards of directors. Notice shall be made by, but not limited to:
(1) An official press release containing the call of election materials citing the election rules, declaration and affidavit of candidacy, biographical data form, 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)) must publicize a call of 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 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-065 CandidatesEligibilityFiling.
(1) Eligibility((:)). A person is eligible to be a candidate for only one position on the state board of education at a time.
(a) A candidate for a ((vacancy among the five)) position((s)) on the state board of education elected by members of public school ((boards of)) district directors must be a resident of the region represented by the position and meet the other qualifications established by RCW ((28A.305.102)) 28A.305.021; ((and))
(b) A candidate for ((a vacancy in)) the position on the state board of education elected by private schools must be a resident of the state of Washington and meet the other qualifications established by RCW ((28A.305.102)) 28A.305.021.
(2) Forms for filing((:)). A person who desires to be a candidate ((shall)) must complete:
(a) The declaration ((and affidavit)) of candidacy form provided for in WAC 392-109-070; and
(b) The ((biographical data form)) optional candidate statement 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 elected by either public school district directors 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)) is September 1st through September 16th, or the business day specified on the election timeline.
(4) Filing deadline((: The filing deadline for candidacy shall be 5:00 p.m. on the date included on)). The declaration of candidacy form must be postmarked by the date specified in the election timeline or, if filed in person, received at the office of superintendent of public instruction by close of business on the business day specified in the election timeline.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
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 . . . . . Region of the state of Washington (OR if filing for the position elected by private schools) 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 beginning on the second Monday in January, 20 . . . , subject to the election to be held during the month of November, 20 . . . ,  and I request that my name be listed on the ballot 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 . . . . ))
A person who desires to be a candidate must complete and file a declaration of candidacy with the office of superintendent of public instruction as a condition to having his or her name placed on the official ballot.
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 reside in the region of Washington state as listed above, that I am a candidate for the office listed above, and that I am aware 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. 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.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-075 ((Biographical data form.)) Optional candidate statement.
(((1) The superintendent of public instruction shall provide a biographical data form not exceeding one letter size double spaced minimum twelve point font typewritten page in length which each candidate may complete.
(2) Biographical data forms shall be reproduced as submitted and distributed by the superintendent of public instruction with the official ballots to each elector.
(3) Candidates may submit a two-inch by two-inch headshot photograph with this form.
(4) Filing of this form is not required.)) 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.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
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. on the date included on the election timeline)) completing and signing a statement of withdrawal form and filing the form with the office of the superintendent of public instruction on or before 5:00 p.m. on the date included on the 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 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-080 BallotsContents.
The ballot for each position subject to election pursuant to this chapter ((shall)) must:
(1) Contain the names of each candidate eligible for the particular position.
(2) Be prepared for each region.
(3) Set forth the number of electoral votes to which each elector is entitled.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-085 Ballots and envelopesMailing to electors.
(1) The office of superintendent of public instruction must prepare ballots. Ballots ((shall)) must be mailed to electors ((on)) by the date ((included on)) set forth in 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:
(i) Be labeled "official ballot return envelope";
(ii) Be preaddressed with the "superintendent of public instruction" as addressee; and
(iii) Have provision for the identification of the elector, his or her school district or school and his or her 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, 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 to the chief administrator of each approved)).
(2) The voting package must include the following:
(a) Official ballot;
(b) Ballot return envelope, marked with "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) Voting packages for private schools must be mailed to the chief administrator of each approved private school and include the components listed in subsection (2) of this section. The return address area of the ballot return envelope must include the name and address of the private school.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-090 VotingMarking and return of ballots.
(1) 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)) the official ballot by placing an "x" or other mark as instructed in the space provided next to the name of a candidate.
(2) Each approved private school may vote for one candidate on the official ballot by placing an "x" or other mark as instructed in the space provided next to the name of a candidate.
(3) Each member of a public school district board of directors and each approved private school shall complete voting by:
(a) Placing the marked official ballot in the smaller, unmarked secrecy envelope and sealing the same;
(b) Placing the ((smaller)) unmarked secrecy envelope containing the official ballot in the larger preaddressed ballot return envelope marked "official ballot ((return envelope))" and sealing the same; and
(c) ((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.)) The voted ballot must be returned to the office of superintendent of public instruction by the date stated on the election timeline or must be postmarked on or before the date stated on the election timeline.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-095 Election ((committee)) counting boardsAppointment and composition.
The superintendent of public instruction ((shall annually appoint a three member election committee and at least one alternate who shall serve thereon in the absence of a regular member of the election committee. Counting of votes cast at elections conducted pursuant to this chapter shall be supervised by the superintendent of public instruction or his or her designee and the election committee)) or designee must establish and supervise counting boards comprised of no less than two members for each board. More than one counting board may be established to conduct the counting of ballots. The office of superintendent of public instruction must compile a list of the members of the counting board.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
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)) must be made as to the eligibility of the elector, and a record ((shall)) must be made on a list of eligible electors and approved private schools that the elector has voted.
(2) Official ballot return 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 ((committee)) counting boards.
(3) The ((election committee shall)) counting boards must convene for the purpose of counting votes on the date included on the election timeline.
(a) Official ballot return envelopes accepted by the election committee ((shall)) must be opened and the ((inner unmarked)) secrecy 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 committee.
(4) ((No record shall be made or maintained)) The office of superintendent of public instruction must not make or maintain any record of the candidate for whom any elector cast his or her vote.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-105 Ineligible votes.
The following ballots and votes ((shall)) must be declared void and ((shall)) will 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 for a particular position;
(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 elector is not designated by name;
(6) Ballots ((received after 5:00 p.m. on the date included on the election timeline. Provided, that any official ballot return envelope that is postmarked on or before midnight of the above date and received pursuant to the United States mail prior to the initial counting of votes by the election committee shall be accepted)) postmarked after the date specified on the election timeline. Ballots received after 5:00 p.m. on the date specified in the election timeline if delivered in person; and
(7) Such other ballots or votes as the ((election committee shall)) counting boards determine to be unidentifiable or unlawful.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
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)) 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 will include an updated election timeline. 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.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
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)) under chapter 29A.68 RCW. The request must be made in writing and received by the superintendent of public instruction.
AMENDATORY SECTION (Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)
WAC 392-109-115 Report and certification of election.
(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)) must 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)) must publicly announce the need for a run-off election; the results of which ((shall)) must be announced and certified no more than ten days after election.
AMENDATORY SECTION (Amending WSR 11-01-057, filed 12/7/10, effective 1/7/11)
WAC 392-109-120 Vacancies and appointments.
(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)) must fill such vacancy by appointment, subject to full board approval. The appointment ((shall)) must be consistent with the appropriate regional position being vacated. The person so appointed ((shall)) must continue in office until the regular term expires. ((The appointed person has the option to step down or run for reelection consistent with RCW 28A.305.021 at the time the term expires.))
(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)) must fill such vacancy by appointment consistent with RCW ((28A.305.011)) 28A.305.021. The person so appointed ((shall)) must continue in office until the regular term expires. ((The appointed person has the option to step down or run for election consistent with RCW 28A.305.021 at the time the term expires.))
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 392-109-078
Certificate of electors.
WAC 392-109-117
Publishing of names.