WSR 05-15-158

EMERGENCY RULES

SECRETARY OF STATE


[ Filed July 20, 2005, 8:52 a.m. , effective July 20, 2005 ]


Purpose: To provide rules for minor party and independent candidate nominating conventions and filing dates because the period of time for conventions established in RCW 29A.20.121 had passed prior to the July 15, 2005, ruling in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005).

Statutory Authority for Adoption: RCW 29A.04.611.

Other Authority: Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: A judge ruled Initiative 872's version of the top two primary is unconstitutional. Washington state will hold a pick-a-party primary, modeled after the Montana primary, in September 2005. See Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005); page 38, lines 17-18 state, "Therefore, the law as it existed before the passage of Initiative 872, including the Montana primary system, stands as if Initiative 872 had never been approved."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 2, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June [July] 20, 2005.

Sam Reed

Secretary of State

OTS-8231.2


NEW SECTION
WAC 434-215-120   Minor party and independent candidates -- Nominating conventions.   To qualify for the 2005 general election ballot, minor party and independent candidates must hold a nominating convention during the period of time specified in RCW 29A.20.121 or between August 13, 2005, and August 20, 2005. Consistent with RCW 29A.20.121(4), signatures of the requisite number of registered voters must be obtained at a single convention if the nomination is for an office other than president and vice-president, United States senator, United States representative, or statewide office.


Note: This section is adopted because the period of time for holding minor party and independent candidate conventions established in RCW 29A.20.121 had passed prior to the July 15, 2005, ruling in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005).

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NEW SECTION
WAC 434-215-125   Minor party and independent candidates -- Filing requirements.   Minor party and independent candidates who held a nominating convention during the period of time specified in RCW 29A.20.121 may file the nominating documents, a declaration of candidacy, and the filing fee with the appropriate filing officer either during the week specified in RCW 29A.24.050 or no later than August 26, 2005. Minor party and independent candidates who hold a nominating convention during the period of time specified in WAC 434-215-120 must file the nominating documents, a declaration of candidacy, and the filing fee with the appropriate filing officer no later than August 26, 2005.


Note: This section is adopted because the period of time for holding minor party and independent candidate conventions established in RCW 29A.20.121 had passed prior to the July 15, 2005, ruling in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005).

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Washington State Code Reviser's Office