WSR 10-20-011

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed September 24, 2010, 8:22 a.m. , effective October 25, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To implement SB 6243 (chapter 205, Laws of 2010), including revising instructions on forms, revising instructions set out in rules, and repealing outdated instructions.

Citation of Existing Rules Affected by this Order: WAC 390-13-100, 390-16-011, 390-16-012, 390-16-041, 390-16-115, 390-19-030, and 390-16-314; repealing 1; and amending 6.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 10-17-073 on August 16, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 6, Repealed 1.

Date Adopted: September 23, 2010.

Lori Anderson

Communications and

Training Officer

OTS-3434.1


AMENDATORY SECTION(Amending WSR 02-03-018, filed 1/4/02, effective 2/4/02)

WAC 390-13-100   Duties of elections officials receiving copies of campaign finance reports.   (1) Pursuant to RCW 42.17.375, when arranging, indexing, handling and providing access to reports filed with the county as required by chapter 42.17 RCW prior to June 10, 2010, county election officers shall adhere to the following:

(a) Each report on receipt shall be marked with the date (or some means of determining the date) the report was postmarked and/or the date on which it was received by the elections office.

(b) Files for these reports shall be maintained separate from all other reports and documents in the office and shall be arranged alphabetically by the name of the candidate or committee. Elections officers may segregate files into additional categories, if desired.

(c) Files may be maintained in paper or electronic form or on micrographics. If files are maintained in electronic form or on micrographics, equipment for viewing and reproducing reports on paper must be made available to the public.

(d) A separate, special index shall be maintained showing the name of each candidate or committee for whom reports are on file. The index need not list each report subsequently filed. The index shall be readily available for public inspection.

(e) Reports shall be placed in the files and available for public inspection by the end of the next business day following receipt.

(f) Mindful that the public's right to know of the financing of political campaigns is paramount, elections officials shall give priority attention to and promptly honor each request for public inspection of the campaign finance report files.

(2) Copies of reports must be maintained by elections officers for a period of at least six years, in accordance with RCW 42.17.450, and records retention schedules prepared pursuant to chapter 40.14 RCW.

(3) A description of the county's method of filing and indexing campaign finance reports shall be updated and sent to the public disclosure commission within thirty days of a revision to the filing and indexing system.

[Statutory Authority: RCW 42.17.370(1). 02-03-018, 390-13-100, filed 1/4/02, effective 2/4/02; 98-12-038, 390-13-100, filed 5/28/98, effective 6/28/98; 85-15-020 (Order 85-03), 390-13-100, filed 7/9/85; 83-17-138 (Order 83-02), 390-13-100, filed 8/24/83.]

OTS-3515.1


AMENDATORY SECTION(Amending WSR 08-01-069, filed 12/14/07, effective 1/14/08)

WAC 390-16-011   Forms -- Registration statement for political committees.   The official form for providing the statement of organization by political committees for designating a campaign treasurer and depository and for reporting information required to qualify for mini campaign finance reporting is designated "C-1pc," revised ((1/08)) 11/10. Copies of this form are available at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.


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[Statutory Authority: RCW 42.17.370(1). 08-01-069, 390-16-011, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 06-08-039, 390-16-011, filed 3/29/06, effective 4/29/06; 05-06-070, 390-16-011, filed 3/1/05, effective 4/1/05; 01-10-049, 390-16-011, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 00-22-050, 390-16-011, filed 10/27/00, effective 11/27/00; 99-22-083, 390-16-011, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-011, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-15-004, 390-16-011, filed 7/7/93, effective 8/7/93; 92-18-002, 390-16-011, filed 8/20/92, effective 9/20/92; 91-22-033, 390-16-011, filed 10/30/91, effective 11/30/91; 89-20-068, 390-16-011, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-011, filed 2/5/86; 82-11-026 (Order 82-03), 390-16-011, filed 5/10/82; 82-02-007 (Order 81-04), 390-16-011, filed 12/28/81; Order 91, 390-16-011, filed 7/22/77; Order 62, 390-16-011, filed 8/26/75; Order 60, 390-16-011, filed 7/16/75.]


AMENDATORY SECTION(Amending WSR 08-01-069, filed 12/14/07, effective 1/14/08)

WAC 390-16-012   Forms -- Registration statement for candidates.   The official form for providing the statement of organization by candidates and candidate's committees, for designating a campaign treasurer and depository and for reporting information required to qualify for mini campaign finance reporting is designated "C-1," revised ((1/08)) 11/10. Copies of this form are available at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington, 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 08-01-069, 390-16-012, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 06-08-039, 390-16-012, filed 3/29/06, effective 4/29/06; 05-06-070, 390-16-012, filed 3/1/05, effective 4/1/05; 01-10-054, 390-16-012, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 00-22-051, 390-16-012, filed 10/27/00, effective 11/27/00; 99-22-084, 390-16-012, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-012, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-15-004, 390-16-012, filed 7/7/93, effective 8/7/93; 92-18-002, 390-16-012, filed 8/20/92, effective 9/20/92; 89-20-068, 390-16-012, filed 10/4/89, effective 11/4/89.]


AMENDATORY SECTION(Amending WSR 04-01-132, filed 12/18/03, effective 1/18/04)

WAC 390-16-041   Forms -- Summary of total contributions and expenditures.   (1) The official form for reports of contributions and expenditures by candidates and political committees who use the "full" reporting option is designated "C-4," revised ((1/02)) 11/10, and includes Schedule A, revised 1/04, Schedule B, revised 1/04, Schedule C, revised 3/93, and Schedule L, revised 1/02.

(2) Copies of these forms are available at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington 98504-0908. Any paper attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 04-01-132, 390-16-041, filed 12/18/03, effective 1/18/04; 02-01-014, 390-16-041, filed 12/7/01, effective 1/7/02; 99-22-082, 390-16-041, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.370(1) and 42.17.090 (1)(k). 97-06-085, 390-16-041, filed 3/3/97, effective 4/3/97. Statutory Authority: RCW 42.17.390. 94-05-011, 390-16-041, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-09-002, 390-16-041, filed 4/8/93, effective 5/9/93; 92-18-002, 390-16-041, filed 8/20/92, effective 9/20/92; 92-05-080, 390-16-041, filed 2/18/92, effective 3/20/92; 91-22-033, 390-16-041, filed 10/30/91, effective 11/30/91; 90-16-083, 390-16-041, filed 7/31/90, effective 8/31/90; 89-20-068, 390-16-041, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), 390-16-041, filed 3/26/86; 86-04-071 (Order 86-01), 390-16-041, filed 2/5/86; 84-05-018 (Order 84-01), 390-16-041, filed 2/10/84; 82-11-026 (Order 82-03), 390-16-041, filed 5/10/82; 82-02-007 (Order 81-04), 390-16-041, filed 12/28/81; Order 91, 390-16-041, filed 7/22/77; Order 62, 390-16-041, filed 8/26/75; Order 60, 390-16-041, filed 7/16/75.]

OTS-3433.1


AMENDATORY SECTION(Amending WSR 01-22-051, filed 10/31/01, effective 1/1/02)

WAC 390-16-115   Mini campaign reporting -- Conditions for granting use.   The exemptions allowed in WAC 390-16-105 shall be granted to a candidate or political committee, including a continuing political committee, only upon compliance with the following conditions.

(1) A candidate shall, within fourteen days of first:

(a) Receiving contributions, making expenditures, reserving space or facilities or purchasing commercial advertising space or broadcast time to promote his or her candidacy;

(b) Giving his or her consent to another person to take on behalf of the candidate any of the action in (a) of this subsection; or

(c) Announcing publicly or filing a declaration of candidacy with the appropriate elections official, file the C-1 registration statement with the commission ((and his or her county elections office)). The statement must declare that the candidate will not exceed the contribution or expenditure limits set out in WAC 390-16-105.

(2) A political committee shall, within fourteen days after its organization or after the date when it first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier, file the C-1pc registration statement with the commission ((and with the appropriate county elections office as specified below:

(a) For a political committee, the elections office of the county in which the treasurer resides, unless the treasurer resides out-of-state, in which case the elections office of Thurston county; or

(b) For a continuing political committee, the elections office of the county in which the committee's in-state office or headquarters is located; if there is no in-state office or headquarters, the elections office of the county in which the committee treasurer resides, unless the treasurer resides out-of-state, in which case the elections office of Thurston county)).

(3) The statement filed under subsection (2) of this section shall declare that the political committee will not exceed the contribution or expenditure limits set out in WAC 390-16-105.

(4) In addition to complying with subsections (2) and (3) of this section, a continuing political committee shall also file a C-1pc between January 1 and January 31 for each year in which the committee intends to use the mini reporting system. Failure to file a new registration statement during January will automatically terminate the committee's entitlement to use the mini reporting system until such time as a new C-1pc is filed.

(5) A candidate or political committee shall keep current records in sufficient detail to allow the candidate or political committee to make reports otherwise required by RCW 42.17.040 through 42.17.090 in the event that the filing of such reports becomes necessary as a result of exceeding the contribution or expenditure limitation pursuant to the provisions of WAC 390-16-125.

(6) A candidate or political committee treasurer shall, during the eight days immediately preceding the date of the election, maintain records of contributions and expenditures current within one business day. These records shall be open for public inspection during the hours designated on the registration statement at the principal campaign headquarters or, if there is no campaign headquarters, at a local address of the campaign treasurer or such other place as may be authorized by the commission.

(7) The records of contributions and expenditures shall be available for audit or examination by representatives of the public disclosure commission at any time upon request from the commission.

[Statutory Authority: RCW 42.17.370 and 42.17.690. 01-22-051, 390-16-115, filed 10/31/01, effective 1/1/02. Statutory Authority: RCW 42.17.370. 89-20-068, 390-16-115, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-16-115, filed 2/5/86; 82-14-016 (Order 82-04), 390-16-115, filed 6/28/82; Order 62, 390-16-115, filed 8/26/75.]

OTS-3435.1


AMENDATORY SECTION(Amending WSR 05-11-001, filed 5/4/05, effective 6/4/05)

WAC 390-19-030   Electronic filing -- Reporting threshold.   (1) The "electronic reporting threshold" that requires electronic filing of all contribution and expenditure reports is met when a candidate or political committee has expended $10,000 or more in the preceding calendar year or expects to expend $10,000 or more in the current calendar year.

(2) It is presumed that a filer "expects to expend" $10,000 or more when any one of the following first occurs:

(a) A filer spends at least $10,000;

(b) A filer is a candidate for the same office last sought, the filer's election is in the current calendar year, and his or her campaign expenditures in the previous election for the same office were $10,000 or more;

(c) A filer's expenditures meet or exceed $2,500 on or before March 31 of the current calendar year;

(d) A filer's expenditures meet or exceed $5,000 on or before June 30 of the current calendar year;

(e) A filer's expenditures meet or exceed $7,500 on or before September 30 of the current calendar year; or

(f) A filer otherwise projects that $10,000 or more will be spent during the current calendar year.

(3) The following expenditures or transactions are excluded from the electronic reporting threshold calculation:

(a) Expenditures made to pay outstanding debts carried forward from a previous election;

(b) Surplus funds disposed of in accordance with RCW 42.17.095; and

(c) The value of in-kind contributions pledged or received within eight days of a special or general election.

(4) Candidate committees or political committees supporting or opposing ballot propositions that meet, exceed or expect to meet or exceed the electronic reporting threshold shall report electronically for the duration of the campaign.

(((5) A report that is filed with the commission electronically need not also be filed with the county auditor or elections officer pursuant to RCW 42.17.080.))

[Statutory Authority: RCW 42.17.370. 05-11-001, 390-19-030, filed 5/4/05, effective 6/4/05. Statutory Authority: RCW 42.17.370(1). 04-01-130, 390-19-030, filed 12/18/03, effective 1/18/04. Statutory Authority: RCW 42.17.370. 01-22-052, 390-19-030, filed 10/31/01, effective 1/1/02.]

OTS-3432.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 390-16-314 Independent expenditure -- Disclosure.

Washington State Code Reviser's Office