Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-10-021.

     Title of Rule and Other Identifying Information: Military and Overseas Voter Empowerment Act, candidate filing, ballots, ballot measure text, and the state voters' pamphlet.

     Hearing Location(s): Office of the Secretary of State, Elections Division, 520 Union Avenue S.E., Olympia, WA, on January 4, 2011, at 11:00 a.m.

     Date of Intended Adoption: February 1, 2011.

     Submit Written Comments to: Katie Blinn, P.O. Box 40220, Olympia, WA 98504-0220, katie.blinn@sos.wa.gov, fax (360) 586-5629, by January 4, 2011.

     Assistance for Persons with Disabilities: Contact Carolyn Berger by January 3, 2011, (800) 448-4881.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules:

•     Implement the federal Military and Overseas Voter Empowerment Act of 2009;

•     Repeal outdated rules regarding municipal elections;

•     Clarify procedures for filing fees, filing fee petitions, and withdrawal of candidacies;

•     Provide standards for ballot design and layout;

•     Clarify when a nonpartisan county office appears in the primary;

•     Require ballot measure text printed on the petitions to be submitted when signature petitions are submitted; and

•     Adjust requirements for submitting material for the state voters' pamphlet.

     Reasons Supporting Proposal: Implementation of new federal law, clarification of existing state laws.

     Statutory Authority for Adoption: RCW 29A.04.611, 29A.04.255.

     Statute Being Implemented: RCW 29A.04.109, 29A.04.163, 29A.04.255, 29A.24.091, 29A.24.131, 29A.32.060, 29A.32.080, 29A.32.110, 29A.36.161, 29A.40.150.

     Rule is necessary because of federal law, P.L. 111-84.

     Name of Proponent: Office of the secretary of state, elections division, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Katie Blinn, P.O. Box 40220, Olympia, WA 98504-0220, (360) 902-4168.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

November 23, 2010

Steve Excell

Assistant Secretary of State

OTS-3266.3

AMENDATORY SECTION(Amending WSR 08-15-052, filed 7/11/08, effective 8/11/08)

WAC 434-208-060   Electronic filings.   (1) In addition to those documents specified by RCW 29A.04.255, the secretary of state or the county auditor shall accept and file in his or her office electronic transmissions of the following documents:

     (((1))) (a) The text of any proposed initiative, referendum, or recall measure and any accompanying documents required by law;

     (((2))) (b) Any minor party or independent candidate filing material for president and vice-president, except nominating petitions;

     (((3))) (c) Lists of presidential electors selected by political parties or independent candidates;

     (((4))) (d) Voted ballots((, provided the voter agrees to waive the secrecy of his or her ballot)) and signed affidavits received no later than 8:00 p.m. on election day, as long as hard copies are received prior to certification of the election. Consistent with WAC 434-250-080, it is the first ballot and affidavit received that may be processed and counted. Voted ballots received electronically no later than 8:00 p.m. on election day are timely even if the postmark on the return envelope is after election day;

     (((5))) (e) Resolutions from cities, towns, and other districts calling for a special election; and

     (((6))) (f) Voter registration forms.

     (2) If payment of a fee is required, acceptance of an electronic filing is conditional until the fee is received.

     (3) If the original document must be signed, acceptance of an electronic filing is conditional until receipt of the original document. Except for mail ballots, the original document must be received no later than seven calendar days after receipt of the electronic filing.

     (4) No initiative, referendum, or recall petition signatures may be filed electronically.

[Statutory Authority: RCW 29A.04.611. 08-15-052, § 434-208-060, filed 7/11/08, effective 8/11/08; 06-23-094, § 434-208-060, filed 11/15/06, effective 12/16/06. Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-208-060, filed 7/16/04, effective 8/16/04. Statutory Authority: 2002 c 140 § 3. 02-15-156, § 434-208-060, filed 7/23/02, effective 8/23/02. 98-08-010, recodified as § 434-208-060, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.230. 92-18-087, § 434-08-060, filed 9/2/92, effective 10/3/92.]

     The following section of the Washington Administrative Code is repealed:

WAC 434-208-070

Electronic filings not accepted.

OTS-3723.1

REPEALER

     The following sections of the Washington Administrative Code are repealed:

WAC 434-208-010	Advisory election upon contemplation of classification advancement.
WAC 434-208-020	Remedial steps -- Third class city under mayor-council government.
WAC 434-208-030	Determination of original terms of councilmen -- Second, third, or fourth class city or town.

OTS-3724.2

NEW SECTION
WAC 434-215-024   Insufficient payment of a filing fee.   If, after the last day to withdraw, a county auditor learns that a candidate provided insufficient funds for a filing fee, the county auditor must recoup that cost through other allowable means.

[]

     (2) The filing fee petition described in RCW 29A.24.101(3) does not apply. The filing fee petition must be in substantially the following form:

     The warning prescribed by RCW 29A.72.140; followed by:

     "We, the undersigned registered voters of [the jurisdiction of the office], hereby petition that [candidate's] name be printed on the ballot for the office of [office for which candidate is filing a declaration of candidacy]."

     (3) A candidate submitting a filing fee petition in the place of a filing fee may not file the declaration of candidacy electronically.

     (4) A candidate submitting a filing fee petition must submit all signatures when filing the declaration of candidacy. The candidate cannot supplement the signatures at a later date.

[Statutory Authority: RCW 29A.04.611. 10-03-072, § 434-215-025, filed 1/18/10, effective 2/18/10; 08-15-052, § 434-215-025, filed 7/11/08, effective 8/11/08; 07-09-036, § 434-215-025, filed 4/11/07, effective 5/12/07.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 10-14-091, filed 7/6/10, effective 8/6/10)

WAC 434-215-065   Withdrawal of candidacy.   Consistent with RCW 29A.24.131, a candidate may withdraw his or her declaration of candidacy at any time before the close of business on the Thursday following the last day for candidates to file ((under RCW 29A.24.050 by filing,)). The candidate must file a signed request that his or her name not be printed on the ballot. This request to withdraw must be filed with the officer ((with whom)) who accepted the declaration of candidacy ((was filed, a signed request that his or her name not be printed on the ballot)) and, once filed, cannot be revoked. There shall be no withdrawal period for declarations of candidacy filed during special filing periods. The filing officer has discretion to permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary election ballots have not been formatted. If no primary election is held for that office, the filing officer has discretion to permit the withdrawal at any time before the general election ballots are formatted. If the jurisdiction is located in more than one county, withdrawal of a filing may only be accepted if ballots have not been formatted in all affected counties.

[Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. 10-14-091, § 434-215-065, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611, 29A.04.530. 06-02-028, § 434-215-065, filed 12/28/05, effective 1/28/06.]

OTS-3725.2

NEW SECTION
WAC 434-230-012   Ballot design.   (1) The ballot must have a clear delineation between the ballot instructions and the first ballot measure or office through the use of white space, illustration, shading, color, symbol, font size, or bold type.

     (2) The following standards for ballot design and layout are provided pursuant to RCW 29A.36.161:

     (a) If space allows, allow the instructions to occupy their own column;

     (b) Avoid the use of ALL CAPITAL LETTERS. Mixed-case letters are more legible than ALL CAPITAL LETTERS;

     (c) Avoid centered type. Left-aligned type is more legible than centered type;

     (d) Avoid using more than one font. Using multiple fonts requires the eye to stop reading and adjust. Use one font, preferably a sans-serif font such as Arial, Univers, or Verdana;

     (e) Use color and shading consistently, such as to differentiate instructions from ballot section dividers and contest information;

     (f) If space allows, use a 12-point type size. Do not use a type size lower than 8-point; and

     (g) Maintain consistent font and type size throughout the ballot. For example, do not adjust type size for one race. Type size should be adjusted throughout all comparable areas of the ballot or, at a minimum, by page.

     (3) The secretary of state shall publish and distribute an illustrated version of best practices for ballot design and layout.

[]

[]

OTS-3529.1

AMENDATORY SECTION(Amending WSR 07-20-074, filed 10/1/07, effective 11/1/07)

WAC 434-235-010   Scope.   (1) This chapter implements the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Sec. 1973ff, and the provisions for service and overseas voters in Title 29A RCW.

     (2) Uniformed service voter is defined in 42 U.S.C. Sec. 1973ff-6(1) as:

     (a) A member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote;

     (b) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; or

     (c) A spouse or dependent who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.

     (3) Service voter is defined in RCW 29A.04.163 as any elector of the state of Washington who:

     (a) Is a member of the armed forces under 42 U.S.C. Sec. 1973ff-6 while in active service;

     (b) Is a member of a reserve component of the armed forces;

     (c) Is a student or member of the faculty at a United States military academy;

     (((c))) (d) Is a member of the merchant marine of the United States((;

     (d) Is a program participant as defined in RCW 40.24.020)); or

     (e) Is a member of a religious group or welfare agency officially attached to and serving with the armed forces of the United States.

     (4) Overseas voter is defined in 42 U.S.C. Sec. 1973ff-6(5) as:

     (a) An absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;

     (b) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or

     (c) A person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States.

     (5) Overseas voter is defined in RCW 29A.04.109 as any elector of the state of Washington outside the territorial limits of the United States ((or the District of Columbia)).

[Statutory Authority: RCW 29A.04.611. 07-20-074, § 434-235-010, filed 10/1/07, effective 11/1/07.]

OTS-3195.3

AMENDATORY SECTION(Amending WSR 09-18-098, filed 9/1/09, effective 10/2/09)

WAC 434-235-020   Voter registration.   (1) A uniformed, service, or overseas voter may register to vote by providing:

     (a) A voter registration application issued by the state of Washington;

     (b) A federal post card application issued by the federal voting assistance program;

     (c) A federal write-in absentee ballot issued by the federal voting assistance program;

     (d) A national mail voter registration form issued by the election assistance commission; or

     (e) An absentee ballot with a valid signature on the return envelope oath.

     (2) Pursuant to RCW 29A.40.010, a uniformed, service, or overseas voter does not have be registered in order to request an absentee ballot. Consequently, a uniformed, service, or overseas voter may request a ballot and be registered after the registration deadlines of RCW 29A.08.140 have passed.

     (a) If the voter is not currently registered, the county auditor must register the voter immediately. The voter must be flagged in the voter registration system ((accordingly)) as a service or overseas voter.

     (b) A uniformed, service, or overseas voter must use his or her most recent residential address in Washington, or the most recent residential address in Washington of a family member.

     (c) If the county auditor is unable to precinct the voter due to a missing or incomplete residential address on the application, the county auditor must attempt to contact the voter to clarify the application. If, in the judgment of the county auditor, there is insufficient time to correct the application before the next election or primary, the county auditor must issue the absentee ballot as if the voter had listed the county auditor's office as his or her residence. A special precinct for this purpose may be created. Upon its return, the ballot must be referred to the county canvassing board. The only offices and issues that may be tabulated are those common to the entire county and congressional races based on the precinct encompassing the auditor's office. ((Such registrations are only valid for the primary or election for which the ballot was issued. If the actual precinct is not determined before the next primary or election, the registration must be canceled.))

     (d) A voter who registers to vote by signing the return envelope of the absentee ballot is not required to provide a driver's license number, Social Security number or other form of identification as required in RCW 29A.08.107.

     (3) The county auditor must offer a uniformed, service, or overseas voter the option of receiving blank ballots by e-mail or postal mail. This requirement is satisfied if the uniformed, service, or overseas voter registers on an application that offers electronic ballot delivery as an option, or if the voter expresses a preference when registering, updating a registration, or requesting a ballot. The county auditor must attempt to contact the voter by phone, e-mail, postal mail, or other means. If the voter does not indicate a preference or does not respond, the county auditor must send ballots by postal mail.

[Statutory Authority: RCW 29A.04.611. 09-18-098, § 434-235-020, filed 9/1/09, effective 10/2/09; 07-20-074, § 434-235-020, filed 10/1/07, effective 11/1/07.]

     (a) Any manner authorized by WAC 434-250-030;

     (b) A federal post card application issued by the federal voting assistance program; or

     (c) A federal write-in absentee ballot issued by the federal voting assistance program.

     (2) Pursuant to RCW 29A.40.070, absentee ballots issued to registered uniformed, service, or overseas voters must be mailed at least thirty days prior to the election or primary. Requests for absentee ballots received after that day must be processed immediately.

     (3) The county auditor ((may)) must issue an absentee ballot by mail, e-mail, or fax((, or other means as)) if specifically requested by the voter. A ballot does not have to be mailed if it is e-mailed or faxed to the voter. If an e-mail is returned as undeliverable and the voter has not provided an alternate e-mail address, then the ballot must be sent by postal mail.

     (4) ((Pursuant to RCW 29A.40.061, the county auditor shall provide the appropriate web site information with the absentee ballot.)) Ballot materials must include the mailing address, phone number, fax number, e-mail address, and web site of the county auditor's office to enable a voter to contact the elections office for additional information about the election. Ballot materials must include instructions on how to confirm that the voted ballot has been received by the elections office. This information must be provided in a format that the voter can keep after the voted ballot has been returned.

     (5) If the county auditor is unable to issue an absentee ballot due to insufficient information, the county auditor must attempt to contact the voter to clarify the request. If the county auditor is unable to obtain sufficient information to issue the absentee ballot, the county auditor must attempt to notify the voter of the reason that the ballot was not issued.

     (6) Pursuant to RCW 29A.40.150, return envelopes must be printed to indicate that they may be returned postage-free.

[Statutory Authority: RCW 29A.04.611. 09-18-098, § 434-235-030, filed 9/1/09, effective 10/2/09; 07-20-074, § 434-235-030, filed 10/1/07, effective 11/1/07.]

     (2) ((The absentee ballots referred to in this section must be received prior to certification of the election or primary.)) The date on the envelope associated with the voter's signature, rather than the postmark on the envelope, determines the validity of the ballot. The signature on the oath must be dated no later than election day. ((An absentee ballot returned electronically is invalid until the original is received.))

     (3) Voted ballots returned by fax or e-mail must meet the requirements of RCW 29A.40.150 and WAC 434-208-060.

     (4) The county auditor must provide statistics on voting by uniformed, service and overseas voters in the certification report required by RCW 29A.60.235 and in response to requests by the federal election assistance commission.

[Statutory Authority: RCW 29A.04.611. 07-20-074, § 434-235-040, filed 10/1/07, effective 11/1/07.]

     (1) Register to vote using a paper or on-line application;

     (2) Confirm a registration;

     (3) Request a ballot or replacement ballot;

     (4) Update a residential address or mailing address;

     (5) Contact the elections office by phone, fax, e-mail, mailing address, and physical address;

     (6) Find information about the next election;

     (7) Confirm via phone, e-mail or web site that a voted ballot has been received; and

     (8) Find election results.

[]

OTS-3726.1

AMENDATORY SECTION(Amending WSR 10-14-091, filed 7/6/10, effective 8/6/10)

WAC 434-250-030   Applications.   (1) Each county auditor who does not conduct all elections by mail must provide a form to allow a poll voter to become an ongoing absentee voter. The form must include, but not be limited to, the following:

     (a) A space for the voter to print his or her name and the address at which he or she is registered to vote;

     (b) The address to which the ballot is to be mailed; and

     (c) A space for the voter to sign and date the application.

     (2) As authorized by RCW 29A.40.020 and 29A.40.030, requests for a single absentee ballot may be made in person, by telephone, electronically, ((or)) in writing, ((and may be made)) or by a family member or registered domestic partner. With the exception of county auditors who conduct primaries and elections entirely by mail, each county auditor must provide applications for requests made in writing. The form must include, but not be limited to, the following:

     (a) A space for the voter to print his or her name and the address at which he or she is registered to vote;

     (b) The address to which the ballot is to be mailed;

     (c) A space for the voter to indicate for which election or elections the application is made; and

     (d) A space for the voter to sign and date the application.

     (3) As authorized by RCW 29A.40.050, requests for a special absentee ballot must be made in writing and each county auditor must provide the applications. In addition to the requirements for a single absentee ballot, as provided in subsection (2) of this section, the form must include:

     (a) A space for an overseas or service voter not registered to vote in Washington to indicate his or her last residential address in Washington; and

     (b) A checkbox requesting that a single absentee ballot be forwarded as soon as possible.

     The county auditor shall honor any application for a special absentee ballot that is in substantial compliance with the provisions of this section. Any application for a special absentee ballot received more than ninety days prior to a primary or general election may be either returned to the applicant with the explanation that the request is premature or held by the auditor until the appropriate time and then processed.

     (4) As authorized by RCW 29A.40.080, requests for an absentee ballot may be made by a resident of a health care facility, as defined by RCW 70.37.020(3). Each county shall provide an application form for such a registered voter to apply for a single absentee ballot by messenger on election day. The messenger may pick up the voter's absentee ballot and deliver it to the voter and return it to the county auditor's office.

[Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. 10-14-091, § 434-250-030, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611. 07-20-074, § 434-250-030, filed 10/1/07, effective 11/1/07; 07-09-036, § 434-250-030, filed 4/11/07, effective 5/12/07; 06-14-047, § 434-250-030, filed 6/28/06, effective 7/29/06; 05-17-145, § 434-250-030, filed 8/19/05, effective 9/19/05.]

OTS-3727.2

AMENDATORY SECTION(Amending WSR 06-23-094, filed 11/15/06, effective 12/16/06)

WAC 434-379-008   Signed petitions.   (1) To allow for sufficient personnel to accept and process signed petitions, the sponsor of an initiative or referendum must make an appointment with the elections division for submission of the signed petitions to the secretary. Petitions submitted prior to or at the appointment that clearly bear insufficient signatures must be rejected pursuant to RCW 29A.72.160. If the petitions are accepted and filed, additional petitions may be submitted until the applicable deadline established by RCW 29A.72.160. When submitting the petitions, the sponsor must also provide the text of the measure, exactly as it was printed on the circulated petitions, in an electronic Microsoft Word format.

     (2) Signatures on initiative and referendum petitions submitted to the secretary may not be removed from the petition or eliminated from the signature count. Letters submitted to the secretary requesting the removal of one's own signature from a petition must be retained by the secretary as part of the public record for the petition.

[Statutory Authority: RCW 29A.04.611. 06-23-094, § 434-379-008, filed 11/15/06, effective 12/16/06; 06-11-043, § 434-379-008, filed 5/10/06, effective 6/10/06.]

OTS-3728.1

AMENDATORY SECTION(Amending WSR 02-02-067, filed 12/28/01, effective 1/28/02)

WAC 434-381-110   Candidate and committee contacts.   Every candidate or committee appearing in the state voters' pamphlet shall designate a contact person with whom the secretary shall communicate all matters related to the pamphlet. Within five business days of the appointment of the initial members, the committee shall provide a name, mailing address, telephone number, ((and)) fax number and e-mail address as applicable. In the case of candidates the secretary shall use the information on the declaration of candidacy unless the candidate provides different information pursuant to this section.

[Statutory Authority: RCW 29.81.320. 02-02-067, § 434-381-110, filed 12/28/01, effective 1/28/02.]

     (2) For ballot measures, including initiatives, referenda, alternatives to initiatives to the legislature, and constitutional amendments, the following documents shall be filed with the secretary of state on or before the following deadlines:

     (a) Appointments of the initial two members of committees to prepare arguments for and against measures:

     (i) For an initiative to the people or referendum measure: Within ten business days after the submission of signed petitions to the secretary of state;

     (ii) For an initiative to the legislature, with or without an alternative, constitutional amendment or referendum bill, within ten business days after the adjournment of the regular or special session at which the legislature approved or referred the measure to the ballot:

     (b) Appointment of additional members of committees to prepare arguments for and against ballot measures, not later than the date the committee submits its initial argument to the secretary of state;

     (c) Arguments for or against a ballot measure, no later than ((twenty calendar)) fifteen business days following appointment of the initial committee members;

     (d) Rebuttals of arguments for or against a ballot measure, by no later than ((fourteen calendar)) ten business days following the transmittal of the final statement to the committees by the secretary. The secretary shall not transmit arguments to opposing committees for the purpose of rebuttals until both arguments are complete.

     (3) If a ballot measure is the product of a special session of the legislature and the secretary of state determines that the deadlines set forth in subsection (2) of this section are impractical due to the timing of that special session, then the secretary of state may establish a schedule of deadlines unique to that measure.

     (4) The deadlines stated in this rule are intended to promote the timely publication of the voters' pamphlet. Nothing in this rule shall preclude the secretary of state from accepting a late filing when, in the secretary's judgment, it is reasonable to do so. Once statements or arguments are submitted to the secretary, changes by the candidate or committee will not be accepted unless requested by the secretary.

[Statutory Authority: RCW 29A.04.611. 09-03-110, § 434-381-120, filed 1/21/09, effective 2/21/09; 08-15-052, § 434-381-120, filed 7/11/08, effective 8/11/08; 08-05-120, § 434-381-120, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-381-120, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.81.320. 02-02-067, § 434-381-120, filed 12/28/01, effective 1/28/02.]

[Statutory Authority: RCW 29.81.320. 02-02-067, § 434-381-130, filed 12/28/01, effective 1/28/02.]

     (a) Arguments for or against measures may contain up to four headings used to highlight major points in the argument and will count toward the maximum word count set for arguments. Rebuttals may not contain headings;

     (b) The four headings may not exceed fifteen words for each heading;

     (c) Photographs or charts may be used in ((candidate)) statements or arguments substituting fifty words from the statement or argument for each square inch used by the photograph or chart. This subsection does not apply to the photographs submitted pursuant to WAC 434-381-130 (size and quality of photographs).

     (2) Statements and arguments submitted to the secretary of state shall be printed in a format that in the opinion of the secretary will provide the best reproduction.

     (a) Statements and arguments will be ((typeset)) laid out in a standard font without the use of boldface ((or)), underlining, or all caps;

     (b) Italics may be used to add emphasis to statements or arguments;

     (c) Argument headings will be ((typeset)) laid out in boldface letters; and

     (d) Statements are limited to one paragraph per fifty words. Arguments are limited to four paragraphs. Rebuttals are limited to one paragraph.

[Statutory Authority: RCW 29A.04.611. 10-03-072, § 434-381-170, filed 1/18/10, effective 2/18/10. Statutory Authority: RCW 29.81.320. 02-02-067, § 434-381-170, filed 12/28/01, effective 1/28/02.]

     (1) The secretary may correct obvious errors in grammar, spelling or punctuation;

     (2) The secretary shall promptly attempt to notify any candidate or committee, by any means the secretary deems reasonable under the circumstances, if a statement or argument exceeds the maximum number of words. If the candidate or committee does not provide the secretary with a revised statement or argument that ((does not exceed)) meets the word limit within three business days after the deadline for submission of the statement or argument, then the secretary shall modify the statement to fit the limit by removing ((words or)) full sentences, starting at the end, until the maximum word limit is reached((. More words than necessary to achieve the maximum word limit may be removed by the secretary so that the statement or argument ends in a complete sentence));

     (3) The secretary shall notify any committee that submits a title or identification for their members that does not conform to WAC 434-381-160(2). If the committee does not provide the secretary with a revised title or identification that meets the requirements established in WAC 434-381-160(2) within three business days after the deadline for submission, the secretary shall publish the name without any title or identification;

     (4) Prior to publishing the pamphlet the secretary shall make a reasonable effort to provide a proof copy to the candidate or committee as it will appear showing any changes to the statement or argument; and

     (5) ((After submission of the statement or argument to the secretary,)) Candidates or committees may only correct obvious errors or inaccuracies ((discovered)) made by the secretary that they discover in their own proof copy. Changes in content are not allowed. Changes must be received by the secretary within three business days after proofs are sent by the secretary.

[Statutory Authority: RCW 29.81.320. 02-02-067, § 434-381-180, filed 12/28/01, effective 1/28/02.]

     (2) Prior to final printing of the voters' pamphlet ((a responsible employee of the office of)), the secretary ((of state)) will review complete "camera ready" copies of each edition of the voters' pamphlet;

     (3) Language shall be placed into contracts, with the office of the secretary of state to produce the voters' pamphlet, to certify that those providing content materials for the voters' pamphlet are not candidates for public office and those individuals will not run for public office while their materials are being used in a state or local pamphlet produced in conjunction with the state voters' pamphlet.

[Statutory Authority: RCW 29.81.320. 02-02-067, § 434-381-190, filed 12/28/01, effective 1/28/02.]

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