Purpose: Clarify what types of services are "of the sort commonly performed by volunteer campaign workers" and clarify under what conditions an accountant or attorney may donate services without a contribution ensuing.

Citation of Existing Rules Affected by this Order: Amending WAC 390-17-405 Volunteer services.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 98-09-017 on April 7, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

May 28, 1998

Melissa Warheit

Executive Director

WAC 390-17-405  Volunteer services. (1) In accordance with RCW ((42.17.630 (5)(b)(viii))) 42.17.020 (14)(b)(vi), an individual may perform services or labor for a ((campaign,)) candidate or political committee without incurring a contribution ((subject to the limits under RCW 42.17.640 or RCW 42.17.105(8))), so long as the individual is not compensated by any person for the services or labor rendered((, the services or labor are performed outside the hours for which the employer has scheduled the employee to work)) and the services are of the ((sort)) kind commonly performed by ((the)) volunteer campaign workers((, including:)). These commonly performed services include:

(a) office staffing;

(b) doorbelling or leaflet drops;

(c) mail handling (folding, stuffing, sorting and postal preparation);

(d) political or fund raising event staffing;

(e) telephone bank activity (conducting voter identification, surveys or polling, and get-out-the-vote campaigns);

(f) construction and placement of yard signs, hand-held signs or in-door signs;

(g) ((chauffeuring)) acting as a driver for candidate or candidate or committee staff;

(h) scheduling of campaign appointments and events;

(i) transporting voters to polling places on election day;

(j) except as provided in subsection (2), ((the services of any individual, except an attorney or accountant, provided that the services donated are solely for the purpose of ensuring)) preparing campaign disclosure reports required by RCW 42.17 and otherwise helping to ensure compliance with state election or public disclosure laws;

(k) campaign consulting and management services, polling and survey design, public relations and advertising, or fundraising performed by any individual, so long as the individual ((is not a professional in that field who)) does not ordinarily charge((s)) a fee or receive((s)) compensation for providing ((those)) the service((s,)); and

(l) all similar activities as determined by the commission.

(2) An attorney or accountant may donate his or her professional services to a candidate, a candidate's authorized committee, a political party or a caucus political committee, without making a contribution in accordance with RCW ((42.17.630 (5)(b)(ix))) 42.17.020 (14)(b)(viii), if the attorney or accountant is:

(a) employed and his or her employer is paying for the services rendered;

(b) self-employed; or

(c) performing services for which no compensation is paid by any person. However, neither RCW 42.17.020 (14)(b)(viii) nor this section authorizes the services of an attorney or an accountant to be provided to a political committee without a contribution ensuing, unless the political committee is a candidate's authorized committee, political party or caucus political committee and the conditions of RCW 42.17.020 (14)(b)(viii) and (a), (b) or (c) of this subsection are satisfied, or unless the political committee pays the fair market value of the services rendered.

[Statutory Authority: RCW 42.17.390. 94-11-017, § 390-17-405, filed 5/5/94, effective 6/5/94.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.