WSR 07-11-025

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed May 4, 2007, 12:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-07-034.

Title of Rule and Other Identifying Information: New WAC 390-17-303 Superior court candidates -- Eligibility to receive contributions.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on June 28, 2007, at 9:30 a.m.

Date of Intended Adoption: June 28, 2007.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, e-mail dellis@pdc.wa.gov, fax (360) 753-1112, by June 25, 2007.

Assistance for Persons with Disabilities: Contact Kami Madsen by phone (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To conform with 2006 legislative changes impacting chapter 42.17 RCW. The rule addresses contribution limits for superior court candidates when the candidate's name is not on the ballot and a certificate of election is issued.

Reasons Supporting Proposal: To provide guidance and clarification to the general public and to superior court candidates reporting under chapter 42.17 RCW.

Statutory Authority for Adoption: RCW 42.17.370.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The new rule is designed to clarify chapter 348, Laws of 2006 when applying the provisions of Article 4, Section 29, Amendment 41 of the state constitution.

Name of Proponent: The public disclosure commission (PDC), governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rule amendments has minimal impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to the adoption of these rules pursuant to subsection (5)(a)(i) of section 201, and, to date, JARRC has not made section 201 application to the adoption of these rules.

May 3, 2007

Vicki Rippie

Executive Director

OTS-9656.1


NEW SECTION
WAC 390-17-303   Superior court candidates -- Eligibility to receive contributions.   (1) Candidates for judicial office are subject to the contribution limits in RCW 42.17.645 and the timing restriction on contributions of a candidate's personal funds in RCW 42.17.105(8). Pursuant to Article 4, Section 29, Amendment 41 of the state Constitution and RCW 42.17.645, candidates for the office of judge of the superior court may only receive contributions for each election in which the candidate is on the ballot or appears as a write-in candidate.

(2) For purposes of RCW 42.17.645:

(a) Only superior court candidates who appear on the primary election ballot or as write-in candidates in the primary election may receive contributions with respect to that primary; and

(b) Only superior court candidates who appear on the general election ballot or as write-in candidates in the general election may receive contributions with respect to that general election.

(3)(a) A superior court candidate who is issued a certificate of election before the primary election and whose name does not appear on either the primary or general election ballot may receive contributions pursuant to RCW 42.17.645:

(i) Through the last day for withdrawal of declarations of candidacy pursuant to RCW 29A.24.131; or

(ii) If there is a reopening of filing for the position and no other candidate files, the last day for reopening of filing pursuant to RCW 29A.24.171 and 29A.24.181.

(b) Contributions remaining in the account of such a superior court candidate who is issued a certificate of election must be returned to contributors within two weeks of certification. Primary election related contributions are to be returned using the first-in, first-out accounting method. Any contributions received with respect to the general election must be returned in full to contributors.

(4) A superior court candidate who is issued a certificate of election after the primary election and whose name does not appear on the general election ballot may receive contributions pursuant to RCW 42.17.645. However, contributions received with respect to the general election must be returned in full to contributors within two weeks of certification.

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Washington State Code Reviser's Office