WSR 17-10-053

ATTORNEY GENERAL'S OFFICE

[Filed May 1, 2017, 4:56 p.m.]

NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION

WASHINGTON ATTORNEY GENERAL

The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by May 24, 2017. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by email to jeff.even@atg.wa.gov or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeff Even, Deputy Solicitor General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested, information about the attorney general's opinion process, information on how to submit your comments, and a due date by which your comments must be received to ensure that they are fully considered.

If you are interested in receiving notice of new formal opinion requests via email, you may visit the attorney general's web site at www.atg.wa.gov/AGOOpinions/default.aspx for more information on how to join our AGO opinions list.

The attorney general's office seeks public input on the following opinion request(s):

Opinion Docket No. 17-04-05

Request by Marko Liias, Senator, District 21, et al

QUESTION(S):

(1)	Is Washington State pre-empted by the presidential qualifications clause in Article II, Sec. 1 of the U.S. Constitution, another federal constitutional provision, or federal statutes from amending RCW 29A.56 to require that in order to appear on the November ballot in a presidential year in Washington state, candidates for President and Vice President of the United States must disclose information the state believes relevant to holding the office (for example, federal tax returns)?
(2)	Is Washington State pre-empted by the presidential qualifications clause in Article II, Sec. 1 of the U.S. Constitution, another federal constitutional provision, or federal statutes from amending RCW 29A.56.030 to require that in order to appear on the presidential primary ballot in Washington state, a candidate for President of the United States must disclose information the state believes relevant to holding the office (for example, federal tax returns)?
(3)	May the legislature amend 29A.56 to prohibit the secretary of state from accepting a certificate with the names and address of presidential electors chosen by a political party or convention if the presidential or vice presidential candidate nominated by that party did not release their federal tax returns in the 12 months prior to receiving the nomination?