WSR 07-14-126

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed July 3, 2007, 12:15 p.m. , effective November 7, 2007 ]


Effective Date of Rule: November 7, 2007.

Purpose: 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.

Statutory Authority for Adoption: RCW 42.17.370 and 3SHB 1226.

Adopted under notice filed as WSR 07-11-025 on May 4, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: June 28, 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