WSR 08-10-010

EMERGENCY RULES

SECRETARY OF STATE


(Elections Division)

[ Filed April 24, 2008, 3:28 p.m. , effective April 24, 2008, 3:28 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of this rule is to implement candidate filing for the 2008 primary and general elections.

Citation of Existing Rules Affected by this Order: Amending WAC 434-215-012 and 434-215-020.

Statutory Authority for Adoption: RCW 29A.24.031.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: On March 18, 2008, the United States Supreme Court issued Washington State Grange v. Washington State Republican Party, et al. 552 U.S. __, 128 S. Ct. 1184, 170 L. Ed. 2d 151 (2008). In this opinion, the court reversed a Ninth Circuit opinion that had declared Washington's top two primary system unconstitutional. The impact of this ruling is that the primary system enacted by Initiative 872 (chapter 2, Laws of 2005) is now in effect. This change in primary election systems necessitates a change in the declarations of candidacy. Pursuant to RCW 29A.24.081, the secretary of state's office and county auditors may begin to accept declarations of candidacy beginning May 16, 2008. Therefore, approximately 1,600 copies of the declaration of candidacy must be printed and distributed to the forty filing offices in time for candidates to pick up the declarations starting May 12, 2008. There is insufficient time to adopt these rules through the standard rule-making process. The secretary of state's office did send a draft of the proposed rules to stakeholders and interested parties on April 16, 2008, and accepted public comment through April 22, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: April 24, 2008.

Steve Excell

Assistant Secretary of State

OTS-1475.2


AMENDATORY SECTION(Amending WSR 06-14-049, filed 6/28/06, effective 7/29/06)

WAC 434-215-012   Declaration of candidacy -- Offices subject to a primary.   Declarations of candidacy ((for all partisan and nonpartisan offices)) filed either in person or by mail shall be in substantially the following form:

((STRICKEN GRAPHIC
STRICKEN GRAPHIC))

((The form shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form shall also contain space for recording the date and time of filing and a sequential filing and receipt number. One copy of the form or an electronic file, in a format approved by the secretary of state and acceptable to the public disclosure commission, containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be forwarded to the public disclosure commission as required by RCW 29A.24.070, and one copy of the form or an electronic file containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be returned to the candidate.)) The filing officer must provide a paper or electronic copy of the filed declaration of candidacy to the candidate and to the public disclosure commission.

[Statutory Authority: RCW 29A.04.611. 06-14-049, 434-215-012, filed 6/28/06, effective 7/29/06. Statutory Authority: 2002 c 140 3. 02-15-156, 434-215-012, filed 7/23/02, effective 8/23/02. 02-09-007, recodified as 434-215-012, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-228-012, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-28-012, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), 434-28-012, filed 7/16/84; 80-05-014 (Order 80-1), 434-28-012, filed 4/8/80.]


AMENDATORY SECTION(Amending WSR 07-09-035, filed 4/11/07, effective 5/12/07)

WAC 434-215-020   Declaration of candidacy -- Precinct committee officer.   Declarations of candidacy for the ((office)) position of precinct committee officer((,)) shall be filed in substantially the following form:

((STRICKEN GRAPHIC
STRICKEN GRAPHIC))

((The forms shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form may also contain space for recording the date and time of filing, a receipt number, if applicable, and a sequential filing number.)) County auditors may design and use a declaration of candidacy different in form and style from that specified by this rule as long as it contains all of the information required by this rule.

[Statutory Authority: RCW 29A.04.611, 2006 c 344. 07-09-035, 434-215-020, filed 4/11/07, effective 5/12/07. Statutory Authority: RCW 29A.04.611. 06-14-049, 434-215-020, filed 6/28/06, effective 7/29/06. 02-09-007, recodified as 434-215-020, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-228-020, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-28-020, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), 434-28-020, filed 7/16/84; Order 75-1, 434-28-020, filed 6/26/75.]

Washington State Code Reviser's Office