WSR 04-12-003

EXPEDITED RULES

SECRETARY OF STATE


[ Filed May 20, 2004, 1:37 p.m. ]

Title of Rule: Chapter 434-291 WAC, technical correction.

Purpose: To make a technical correction in the numbering sequence of WAC 434-291-130.

Statutory Authority for Adoption: RCW 29.04.080.

Summary: The numbering sequence for WAC 434-291-130 was incorrect skipping number 9 in a list of items. The amended rule corrects the numbering sequence and makes no substantive change.

Reasons Supporting Proposal: Without this update the rules governing the conduct of elections will not have the appropriate RCW citation making it difficult to determine which statute is being referenced by the rule.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Shawn Merchant, 520 Union Avenue, P.O. Box 40229, Olympia, WA 98504, (360) 902-4154.

Name of Proponent: Office of the Secretary of State, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose is to amend all of the RCW citations to the new election statutes that become effective on July 1, 2004. The anticipated effect is to allow users to find and reference the statute that the rule refers to and is implementing.

Proposal does not change existing rules.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Shawn Merchant, Office of the Secretary of State, P.O. Box 40229 Olympia, WA 98504 , AND RECEIVED BY August 2, 2004.


May 20, 2004

Steve Excell

Assistant Secretary of State

OTS-7194.2


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-291-070   Actions to contest contents of the ballot title or summary of the final cost-effectiveness study.   Any registered voter may appeal to the superior court of Thurston County to review the contents of the ballot title or the summary of the final cost-effectiveness study on a major public energy project bond measure up to ten days following the filing of such document with the secretary of state. Such appeals shall be conducted in the same manner as appeals of ballot titles on initiatives as provided in RCW ((29.79.060)) 29A.72.080.

[98-08-010, recodified as 434-291-070, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022 (Order 82-1), 434-91-070, filed 5/25/82.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-291-130   Permissible costs in allocation of election expenses.   County auditors may include in the election costs to be allocated pursuant to RCW ((29.04.047 [29.13.047])) 29A.04.420 any of the following types of charges:

(1) Salaries, wages, and benefits for precinct officers and part-time or temporary employees whose responsibilities are directly attributable to the election, and for that portion of the time of regular employees (other than the county auditor) which is directly attributable the election;

(2) Supplies specifically required for the election, including stationery, forms, other office supplies, and items for the repair and maintenance of equipment;

(3) Telephone and postage costs which are directly attributable to the election;

(4) Cartage or freight charges for moving or delivering voting machines, voting devices, voting booths, or delivery of precinct supplies and travel expenses for delivery of precinct returns;

(5) Legal notices and published instructions in connection with the election, closing of registration, or canvassing;

(6) Printing of ballots, poll books, tally books, instructions, signs, and other precinct supplies;

(7) Repairs and maintenance of voting and vote tallying equipment;

(8) Rentals for polling places and storage facilities for voting machines or devices;

(((10))) (9) Depreciation for voting equipment so long as such charges over the useful life of such equipment do not exceed the original value of the equipment;

(((11))) (10) That portion of the overhead cost of buildings or office space which is equal to the total of such costs multiplied by the ratio of the number of employee hours directly attributable to the major public energy project bond measure and the total number of employee hours for that office;

(((12))) (11) Data processing costs for programming related to the election and for machine time for program testing, and vote tallying.

[98-08-010, recodified as 434-291-130, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022 (Order 82-1), 434-91-130, filed 5/25/82.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-291-170   Reimbursement to counties for proportional share of election costs.   Upon receipt of payment by the applicant, the secretary of state shall disburse the appropriate amounts to each county in the same manner as election costs are reimbursed pursuant to RCW ((29.13.047)) 29A.04.420.

[98-08-010, recodified as 434-291-170, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022 (Order 82-1), 434-91-170, filed 5/25/82.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office