WSR 08-07-065

EMERGENCY RULES

SECRETARY OF STATE


(Elections Division)

[ Filed March 17, 2008, 1:17 p.m. , effective March 17, 2008, 1:17 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of these rules is to revise the declarations of candidacy. This includes both the regular declaration for partisan and nonpartisan offices, and the declaration specific to the office of precinct committee officer. These declarations are required by RCW 29A.24.031 to be adopted in administrative rule.

Citation of Existing Rules Affected by this Order: Amending WAC 434-215-012, 434-215-020, and 434-215-025.

Statutory Authority for Adoption: RCW 29A.24.031 and 29A.04.611.

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: The office of the secretary of state waited until the end of the legislative session to initiate this rule making due to pending legislation that could have impacted the candidate filing process. The legislative session ended March 13, 2008. There is insufficient time to adopt these revisions pursuant to the regular rule-making process prior to the regular filing period, which begins June 2, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 17, 2008.

Steve Excell

Assistant Secretary of State

OTS-1396.1


AMENDATORY SECTION(Amending WSR 06-14-049, filed 6/28/06, effective 7/29/06)

WAC 434-215-012   Declaration of candidacy -- Offices subject to a primary.   Declarations of candidacy for all partisan and nonpartisan offices filed either in person or by mail shall be in substantially the following form:

((STRICKEN GRAPHIC
STRICKEN GRAPHIC))

((The form shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form shall also contain space for recording the date and time of filing and a sequential filing and receipt number. One copy of the form or an electronic file, in a format approved by the secretary of state and acceptable to the public disclosure commission, containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be forwarded to the public disclosure commission as required by RCW 29A.24.070, and one copy of the form or an electronic file containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be returned to the candidate.)) The filing officer must provide a paper or electronic copy of the filed declaration of candidacy to the candidate and to the public disclosure commission.

[Statutory Authority: RCW 29A.04.611. 06-14-049, 434-215-012, filed 6/28/06, effective 7/29/06. Statutory Authority: 2002 c 140 3. 02-15-156, 434-215-012, filed 7/23/02, effective 8/23/02. 02-09-007, recodified as 434-215-012, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-228-012, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-28-012, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), 434-28-012, filed 7/16/84; 80-05-014 (Order 80-1), 434-28-012, filed 4/8/80.]


AMENDATORY SECTION(Amending WSR 07-09-035, filed 4/11/07, effective 5/12/07)

WAC 434-215-020   Declaration of candidacy -- Precinct committee officer.   Declarations of candidacy for the office of precinct committee officer, shall be filed in substantially the following form:

((STRICKEN GRAPHIC
STRICKEN GRAPHIC))

((The forms shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form may also contain space for recording the date and time of filing, a receipt number, if applicable, and a sequential filing number.)) County auditors may design and use a declaration of candidacy different in form and style from that specified by this rule as long as it contains all of the information required by this rule.

[Statutory Authority: RCW 29A.04.611, 2006 c 344. 07-09-035, 434-215-020, filed 4/11/07, effective 5/12/07. Statutory Authority: RCW 29A.04.611. 06-14-049, 434-215-020, filed 6/28/06, effective 7/29/06. 02-09-007, recodified as 434-215-020, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-228-020, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-28-020, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), 434-28-020, filed 7/16/84; Order 75-1, 434-28-020, filed 6/26/75.]


AMENDATORY SECTION(Amending WSR 07-09-036, filed 4/11/07, effective 5/12/07)

WAC 434-215-025   ((Declaration of candidacy -- ))Filing fee petitions.   When a candidate submits a filing fee petition in lieu of his or her filing fee, as authorized by RCW 29A.24.091, voters eligible to vote on the office in the general election are eligible to sign the candidate's filing fee petition.

[Statutory Authority: RCW 29A.04.611. 07-09-036, 434-215-025, filed 4/11/07, effective 5/12/07.]

Washington State Code Reviser's Office