A background document for SCC's 2026 elections rulemaking process.
At the March 2026 business meeting, the State Conservation Commission (SCC) authorized staff to begin a rulemaking process related to conservation district (CD) elections – WAC Chapter 135-110. This action was taken due to recent litigation related to CD elections in Thurston County Superior Court. Prior to the pursuit of rulemaking, SCC received guidance from our Assistant Attorney General (AAG) for action that might be needed based on the outcome of the lawsuit. Based on that guidance, we are proposing several changes to WAC 135-110 to clarify how a CD fulfills a ballot request during an election.
When the Washington State Legislature enacts a law to authorize a state agency to take on a certain responsibility, agencies may be empowered to establish rules to provide detail and direction on how that law should be carried out. These rules are known as the Washington Administrative Code (WAC). Establishing and amending these rules requires a rulemaking process using procedures and timelines required by the Office of the Code Revisor, which ensures a transparent process and opportunities for public participation.
Through state law, SCC is authorized to establish CD election procedures, “The Commission shall establish procedures for elections, canvass the returns and announce the official results thereof.” (RCW 89.08.190) To carry out this responsibility, SCC has adopted election rules in WAC Chapter 135-110. The election rules exist to direct districts in the election, appointment, and replacement of supervisors. They also ensure fair treatment of all parties. CDs must comply with these rules for their elections.
SCC cannot make changes to the Revised Code of Washington (RCW) that governs elections through a rulemaking process. Changes to RCW can only occur through the legislative process.
SCC also develops guidance documents that support the implementation of the WAC, including the Election and Appointment Guide (EAG). Changes to the WAC will also require updates to these documents. More information on this phase is provided towards the end of this document.
On December 12, 2025, the Thurston County Superior Court resolved a lawsuit involving the SCC and its certification of the Clallam CD election of 2024. Following the lawsuit, SCC received guidance from our AAG on changes that are needed to address concerns identified in the court order.
Based on guidance from agency legal counsel, SCC staff determined updating the election WAC is necessary to meet the court order. At their March 19 business meeting, SCC Commissioners authorized staff to begin rulemaking. At the direction of the Commission, this change to WAC will specifically address the outcome of the lawsuit.
The proposed changes focus on clarifying how a CD fulfills a ballot request in elections that are not exclusively poll-site elections and address inconsistencies in our WAC. Additional reasons for the proposed changes are:
The proposed changes would protect the integrity of CD elections by providing clarity, certainty, and uniformity in requiring CDs to verify a voter’s eligibility before fulfilling a ballot request, ensure that just one ballot is provided to a verified voter, and ensure that each ballot is again verified as coming from an eligible voter when it is tallied.
The proposed changes would provide uniformity by requiring all CDs to fulfill ballot requests using the same methods, resulting in more consistency in CD elections.
Verifying voters before providing a ballot more closely aligns with how ballots are provided for the general election so that the public, candidates, and others would have more certainty that a ballot is provided to verified voters.
Moving forward, SCC is committed to reviewing the election rules and procedures on a regular basis. The changes currently being proposed address specific and timely concerns raised by the Thurston County Superior Court. These changes need to be implemented prior to the next election cycle, and we cannot wait for an overall review of the CD election WAC.
Proposed changes include the creation of two new rules (WAC 135-110-415 Fulfilling a Ballot Request and WAC 135-110-425 Requested Ballot List) and amendments to ten WAC sections:
The goal is to have this process done and all election guidance updated before the next election cycle in January - March 2027, which requires the SCC to adopt the suggested updates to the WAC at their September 17 business meeting.
If that happens, these changes will be effective 31 days after the filing of the final rules — approximately October 31, 2026. The final changes will be incorporated into SCC’s regular election training for CDs in late September or early October.
SCC must follow the rulemaking process and procedures set out by the OCR and RCW 1.21 when updating or changing WAC 135-110. That process includes notice of the proposed rule changes, a public comment period, public hearing, and then adoption by the commission.
SCC is pursuing multiple methods to provide information about the process and proposed changes to the public and CDs, including:
The official public comment period is June 17 through July 31. Written comments can be submitted through Formstack: https://www.scc.wa.gov/files/pol-rulemaking-comment-form
For oral public comments, a hybrid public hearing will be held on Thursday, July 30 at 4 p.m. at the Best Western Plus Lacey Inn and Suites, 8326 Quinault Dr NE, Lacey, WA 98516. The public hearing can be attended virtually. To attend, please register here: www.scc.wa.gov/files/pol-rulemaking-public-hearing.
Comments can also be emailed to Bill Eller at beller@scc.wa.gov. Comments must be received by July 31, 2026, at 5 p.m.
SCC also provides other materials to support CDs with the administration of their elections. Those include reporting forms, guides, checklists, policy statements, and others. For example, the EAG contains procedures that support CDs in carrying out the WAC. SCC will update those materials shortly after the completion of rulemaking to reflect the changes to the WAC.
We anticipate the proposed changes to these materials coming forward at the SCC business meeting on September 17, after which there will be a 45-day public comment period. Changes to these materials will need to be adopted at the December 3 business meeting so they will be effective for the 2027 election cycle. Training on the update to these materials will be provided for CD election supervisors in early December.
If you have any questions, please contact: Bill Eller, SCC Special Projects Coordinator, beller@scc.wa.gov, 509-385-7512
