Subject of Possible Rule Making: Implementation of a new top-two primary election system pursuant to chapter 2, Laws of 2005.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 2, Laws of 2005; RCW 29A.04.611.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Initiative 872 created a new primary election system, known as the top-two primary. Initiative 872 passed in November 2005: Chapter 2, Laws of 2005. The top-two primary conflicts with the nominating primary still described in statute. Because the Secretary of State is legally obligated to implement the new law, and because implementing legislation did not pass during the 2005 legislative session, the Secretary of State must implement the new primary through rule making.

     Process for Developing New Rule:       Negotiated rule making.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Katie Blinn, Assistant Director of Elections, P.O. Box 40220, Olympia, WA 98504-0220, (360) 902-4168.

May 18, 2005

Steve Excell

Assistant Secretary of State