WSR 14-12-013 PERMANENT RULES PUBLIC DISCLOSURE COMMISSION [Filed May 22, 2014, 5:07 p.m., effective June 22, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Converting PDC Interpretation 04-01, Contribution Limits: Impact When a Candidate Subject to Limit Does Not Have a Primary Election (adopted 2/242/04 [February 24, 2004]) to rule.
New rule clarifies that only candidates who appear on the primary election ballot or as write-in candidates in the primary election may receive primary election contributions under the limits imposed by RCW 42.17A.405 and 42.17A.410. The rule informs candidates how refunds are to be made when contributions are received that a candidate is not eligible to receive.
Statutory Authority for Adoption: RCW 42.17A.110(1).
Adopted under notice filed as WSR 14-08-021 on March 21, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0 [1], Amended 1 [0], Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 22, 2014.
Lori Anderson
Communications and
Training Officer
NEW SECTION
WAC 390-17-301 Eligibility to receive primary election contributions.
(1) Candidates for state and certain local offices are subject to the contribution limits in RCW 42.17A.405. Judicial candidates are subject to the contribution limits in RCW 42.17A.410. Only candidates who appear on the primary election ballot or as write-in candidates in the primary election may receive primary election contributions.
(2) Once the appropriate elections official determines that no primary election for a particular office will be held, a declared candidate for that office must refund any contributions received in excess of the general election contribution limit. The candidate or the candidate's authorized committee must make the refunds within two weeks of the election's official's determination, and must disclose the refunds on the appropriate report.
(3) Failure by a candidate or a candidate's authorized committee to make refunds as required by subsection (2) of this section is a violation of RCW 42.17A.405 or 42.17A.410 by the candidate, but not by the contributors who made primary election contributions before a determination was made that no primary election would be held.
(4) WAC 390-17-303 sets out additional eligibility criteria for superior court candidates.
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