Search

Chapter 392-109 WAC

Last Update: 12/7/10

STATE BOARD OF EDUCATIONELECTION OF MEMBERS

WAC Sections

Purpose and authority.
Composition.
Election officer.
Definitions.
Annual elections.
Election timeline.
Information necessary for the conduct of electionsResponsibility of school officials.
Publicity and call of election.
Candidates—Eligibility—Filing.
Declaration and affidavit of candidacy form.
Biographical data form.
Withdrawal of candidacy.
Certificate of electors.
BallotsContents.
Ballots and envelopesMailing to electors.
VotingMarking and return of ballots.
Election committeeAppointment and composition.
Receipt of ballots and count of votes.
Ineligible votes.
Run-off election.
Dispute resolution.
Report and certification of election.
Publishing of names.
Vacancies and appointments.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
392-109-005
Purpose. [Order 7-75, § 392-109-005, filed 12/22/75. Formerly WAC 392-99-010.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-006
EligibilityDeclaration of candidacy. [Statutory Authority: RCW 28A.04.020. WSR 78-08-033 (Order 2-78), § 392-109-006, filed 7/18/78.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-010
Biographical dataLimitation. [Statutory Authority: RCW 28A.04.020. WSR 78-08-033 (Order 2-78), § 392-109-010, filed 7/18/78; Order 7-75, § 392-109-010, filed 12/22/75. Formerly WAC 392-99-020.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-015
Composition of election board. [Order 7-75, § 392-109-015, filed 12/22/75. Formerly WAC 392-99-030.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-020
Postage. [Order 7-75, § 392-109-020, filed 12/22/75. Formerly WAC 392-99-040.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-025
Publicity. [Order 7-75, § 392-109-025, filed 12/22/75. Formerly WAC 392-99-050.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-026
Voting. [Statutory Authority: RCW 28A.04.020. WSR 78-08-033 (Order 2-78), § 392-109-026, filed 7/18/78, 7/21/78.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-030
Recount of votes cast—Automatic—By requestCertification. [Order 7-75, § 392-109-030, filed 12/22/75. Formerly WAC 392-99-060.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-035
Rotation of names on ballot. [Order 7-75, § 392-109-035, filed 12/22/75. Formerly WAC 392-99-070.] Repealed by WSR 80-07-038 (Order 80-20), filed 6/17/80. Statutory Authority: RCW 28A.04.020.
392-109-055
Publicity. [Statutory Authority: RCW 28A.04.020. WSR 81-17-005 (Order 81-10), § 392-109-055, filed 8/7/81; WSR 80-07-038 (Order 80-20), § 392-109-055, filed 6/17/80.] Repealed by WSR 05-22-007, filed 10/20/05, effective 11/20/05. Statutory Authority: Chapter 28A.305 RCW and 2005 c 497.
392-109-058
Tentative certification of electors. [Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-058, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-058, filed 5/15/84.] Repealed by WSR 05-22-007, filed 10/20/05, effective 11/20/05. Statutory Authority: Chapter 28A.305 RCW and 2005 c 497.
392-109-072
Candidates for new congressional district positionsFirst electionsTerm of office. [Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-072, filed 3/21/96, effective 4/21/96. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-109-072, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. WSR 82-16-037 (Order 82-7), § 392-109-072, filed 7/28/82.] Repealed by WSR 05-22-007, filed 10/20/05, effective 11/20/05. Statutory Authority: Chapter 28A.305 RCW and 2005 c 497.
392-109-110
Recount of votes cast—Automatic—By request. [Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-110, filed 5/15/84; WSR 80-07-038 (Order 80-20), § 392-109-110, filed 6/17/80.] Repealed by WSR 05-22-007, filed 10/20/05, effective 11/20/05. Statutory Authority: Chapter 28A.305 RCW and 2005 c 497.


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 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.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-037, filed 10/20/05, effective 11/20/05. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-109-037, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-037, filed 5/15/84.]



392-109-040
Composition.

The state board of education consists of sixteen members: Seven members appointed by the governor; five members, including two from eastern Washington and three from western Washington, elected by the members of public school boards of directors; one member elected by approved private school boards of directors; the superintendent of public instruction; and two student representatives selected by the state board of education.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-040, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-040, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-040, filed 5/15/84; WSR 82-16-037 (Order 82-7), § 392-109-040, filed 7/28/82; WSR 80-07-038 (Order 80-20), § 392-109-040, filed 6/17/80.]



392-109-043
Election officer.

In accordance with RCW 28A.305.102 the superintendent of public instruction or his or her designee shall serve as the election officer for the coordination and conduct of the election of members to the state board of education.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-043, filed 10/20/05, effective 11/20/05. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-109-043, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-043, filed 5/15/84.]



392-109-045
Definitions.

As used in this chapter the term:
(1) "Board of directors" shall mean:
(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 mean:
(a) Each individual member of a public school board of directors; or
(b) An approved private school board of directors as a whole.
(4) "Eastern Washington region" shall mean 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 mean 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 mean 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 mean the number of students enrolled during October of the preceding school year as reported to the superintendent of public instruction.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-045, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 80-07-038 (Order 80-20), § 392-109-045, filed 6/17/80.]



392-109-047
Annual elections.

[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-047, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-047, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-047, filed 5/15/84.]



392-109-048
Election timeline.

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.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-048, filed 10/20/05, effective 11/20/05.]



392-109-050
Information necessary for the conduct of electionsResponsibility 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) Approved private schools: The mailing address and previous October student enrollment; and
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-050, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-050, filed 5/15/84; WSR 80-07-038 (Order 80-20), § 392-109-050, filed 6/17/80.]



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.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-060, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-060, filed 5/15/84; WSR 81-17-005 (Order 81-10), § 392-109-060, filed 8/7/81; WSR 80-07-038 (Order 80-20), § 392-109-060, filed 6/17/80.]



392-109-065
Candidates—Eligibility—Filing.

(1) Eligibility: A person is eligible to be a candidate for only one position on the state board of education at a time.
(b) A candidate for a vacancy in the position on the state board elected by private schools must be a resident of the state of Washington and meet the other qualifications established by RCW 28A.305.102.
(2) Forms for filing: A person who desires to be a candidate shall complete:
(a) The declaration and affidavit of candidacy form provided for in WAC 392-109-070; and
(b) The biographical data form 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 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.
(4) Filing deadline: The filing deadline for candidacy shall be 5:00 p.m. on the date included on the election timeline.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-065, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-065, filed 3/21/96, effective 4/21/96. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-109-065, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. WSR 82-16-037 (Order 82-7), § 392-109-065, filed 7/28/82; WSR 80-07-038 (Order 80-20), § 392-109-065, filed 6/17/80.]



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 . . . .
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-070, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-070, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. WSR 84-15-026 (Order 84-27), § 392-109-070, filed 7/11/84; WSR 80-07-038 (Order 80-20), § 392-109-070, filed 6/17/80.]



392-109-075
Biographical data form.

(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.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-075, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-075, filed 5/15/84; WSR 80-07-038 (Order 80-20), § 392-109-075, filed 6/17/80.]



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. A candidate's failure to withdraw as prescribed above shall result in the inclusion of the candidate's name on the appropriate election ballot.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-077, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 81-17-005 (Order 81-10), § 392-109-077, filed 8/7/81.]



392-109-078
Certificate of electors.

(1) The list of eligible electors shall remain open for changes and deletions until 5:00 p.m. on the date included on the election timeline.
(2) The superintendent of public instruction as soon thereafter as is practical shall certify the list of electors and the weighted vote for each elector to be used for election purposes.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-078, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-078, filed 5/15/84.]



392-109-080
BallotsContents.

The ballot for each position subject to election pursuant to this chapter shall:
(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.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-080, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-080, filed 5/15/84; WSR 80-07-038 (Order 80-20), § 392-109-080, filed 6/17/80.]



392-109-085
Ballots and envelopesMailing to electors.

(1) Ballots shall be mailed to electors on the date included on 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 private school.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-085, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-085, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-085, filed 5/15/84; WSR 81-17-005 (Order 81-10), § 392-109-085, filed 8/7/81; WSR 80-07-038 (Order 80-20), § 392-109-085, filed 6/17/80.]



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 official ballot by placing an "x" or other mark 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 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 envelope and sealing the same;
(b) Placing the smaller unmarked envelope containing the official ballot in the larger preaddressed 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.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-090, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-090, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-090, filed 5/15/84; WSR 80-07-038 (Order 80-20), § 392-109-090, filed 6/17/80.]



392-109-095
Election committeeAppointment 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.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-095, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-095, filed 5/15/84; WSR 80-07-038 (Order 80-20), § 392-109-095, filed 6/17/80.]



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 be made as to the eligibility of the elector, and a record shall 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 be set aside for a final review and acceptance or rejection by the election committee.
(3) The election committee shall 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 be opened and the inner unmarked 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 of the candidate for whom any elector cast his or her vote.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-100, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-100, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-100, filed 5/15/84; WSR 80-07-038 (Order 80-20), § 392-109-100, filed 6/17/80.]



392-109-105
Ineligible votes.

The following ballots and votes shall be declared void and shall 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;
(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; and
(7) Such other ballots or votes as the election committee shall determine to be unidentifiable or unlawful.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-105, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-105, filed 3/21/96, effective 4/21/96. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-105, filed 5/15/84; WSR 80-07-038 (Order 80-20), § 392-109-105, filed 6/17/80.]



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 call a run-off election between the two candidates receiving the two highest vote totals for such position.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-111, filed 10/20/05, effective 11/20/05.]



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.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-112, filed 10/20/05, effective 11/20/05.]



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 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 publicly announce the need for a run-off election; the results of which shall be announced and certified no more than ten days after election.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-115, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 84-11-038 (Order 84-8), § 392-109-115, filed 5/15/84; WSR 81-17-005 (Order 81-10), § 392-109-115, filed 8/7/81; WSR 80-07-038 (Order 80-20), § 392-109-115, filed 6/17/80.]



392-109-117
Publishing of names.

As soon as reasonably possible after each annual election the superintendent of public instruction shall publish the names of the electors and approved private schools who voted in the election.
[Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-117, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.04.020. WSR 90-04-043 (Order 90-01), § 392-109-117, filed 1/31/90, effective 3/3/90; WSR 81-17-005 (Order 81-10), § 392-109-117, filed 8/7/81.]



392-109-120
Vacancies and appointments.

(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 fill such vacancy by appointment consistent with RCW 28A.305.011. The person so appointed shall continue in office until the 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.
[Statutory Authority: Chapter 28A.305 RCW. WSR 11-01-057, § 392-109-120, filed 12/7/10, effective 1/7/11. Statutory Authority: Chapter 28A.305 RCW and 2005 c 497. WSR 05-22-007, § 392-109-120, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. WSR 96-08-001 (Order 96-05), § 392-109-120, filed 3/21/96, effective 4/21/96. Statutory Authority: 1990 c 33. WSR 90-16-002 (Order 18), § 392-109-120, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. WSR 80-07-038 (Order 80-20), § 392-109-120, filed 6/17/80.]