Preproposal statement of inquiry was filed as WSR 98-06-051.

Title of Rule: WAC 390-13-100 Duties of election officials receiving copies of campaign finance reports.

Purpose: The law requires that campaign disclosure reports be filed with county auditors as well as the Public Disclosure Commission. The law also requires the Public Disclosure Commission to adopt rules setting out how counties are to handle disclosure reports. This direction to counties is provided in WAC 390-13-100.

Statutory Authority for Adoption: RCW 42.17.370(1) and [42.17].375.

Statute Being Implemented: RCW 42.17.375.

Summary: The existing rule specifies how counties are to process campaign disclosure reports and afford prompt public access to them. The proposed amendment simply allows counties to establish and maintain their campaign disclosure files in an electronic format, should a county choose to do so.

Reasons Supporting Proposal: The proposed amendment recognizes that some counties are, or soon will be, converting their paper and/or micrographics filing systems to electronic file management systems.

Name of Agency Personnel Responsible for Drafting and Implementation: Vicki Rippie, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 586-4838; and Enforcement: Susan Harris, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 753-1981.

Name of Proponent: Public Disclosure Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The new language expressly allows county election offices to keep the campaign disclosure reports provided to them by area candidates and political committee in electronic files. Should a county choose to establish such a system, however, it must provide the public with equipment for viewing the reports and reproducing them on paper.

Proposal Changes the Following Existing Rules: The amendment gives counties another option in the method for maintaining and giving the public access to the Public Disclosure Commission reports.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not an agency listed in subsection (5)(a)(i) of section 201. Further, the Public Disclosure Commission does not voluntarily make section 201 applicable to this rule adoption pursuant to subsection (5)(a)(ii) of section 201, and to date the Joint Administrative Rules Review Committee has not made section 201 applicable to this rule adoption.

Hearing Location: Second Floor Conference Room, Evergreen Plaza Building, 711 Capitol Way, Olympia, WA, on May 26, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Leigh Hirschi-Mehan, by May 25, 1998.

Submit Written Comments to: Vicki Rippie, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, FAX (360) 753-1112, by May 15, 1998.

Date of Intended Adoption: May 26, 1998.

April 7, 1998

Melissa Warheit

Executive Director

WAC 390-13-100  Duties of elections officials receiving copies of campaign finance reports. (1) Pursuant to RCW 42.17.375, when arranging, indexing, handling and providing access to reports filed with the county as required by chapter 42.17 RCW, county election officers shall adhere to the following:

(a) Each report on receipt shall be marked with the date (or some means of determining the date) the report was postmarked and/or the date on which it was received by the elections office.

(b) Files for these reports shall be maintained separate from all other reports and documents in the office and shall be arranged alphabetically by the name of the candidate or committee. Elections officers may segregate files into additional categories, if desired.

(c) Files may be maintained in paper or electronic form or on micrographics. If files are maintained in electronic form or on micrographics, equipment for viewing ((film)) and ((for)) reproducing ((individual frames)) reports on paper must be made available to the public.

(d) A separate, special index shall be maintained showing the name of each candidate or committee for whom reports are on file. The index need not list each report subsequently filed. The index shall be readily available for public inspection.

(e) Reports shall be placed in the files and available for public inspection by the end of the next business day following receipt.

(f) Mindful that the public's right to know of the financing of political campaigns is paramount, elections officials shall give priority attention to and promptly honor each request for public inspection of the campaign finance report files.

(2) Copies of reports must be maintained by elections officers for a period of at least six years, in accordance with RCW 42.17.450, and records retention schedules prepared pursuant to chapter 40.14 RCW.

(3) A description of the county's method of filing and indexing campaign finance reports shall be sent to the public disclosure commission within 30 days of the effective date of this rule. The description shall be updated any time there is a revision to the filing and indexing system.

[Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-13-100, filed 7/9/85; 83-17-138 (Order 83-02), § 390-13-100, filed 8/24/83.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.