WSR 14-08-022 PROPOSED RULES
PUBLIC DISCLOSURE COMMISSION
[Filed March 21, 2014, 6:25 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-04-090.
Title of Rule and Other Identifying Information: WAC 390-16-105 Mini campaign reporting—Eligibility, describes the circumstances under which a candidate or political committee may be relieved of disclosing contributions and expenditures: No more than $5,000 is raised or spent and no more than $500 in the aggregate is received from a single contributor. A candidate's filing fee does not count against either threshold. A candidate's personal contributions count against the $5,000 cap, but are not limited to $500 in the aggregate.
WAC 390-16-125 Mini campaign reporting—Exceeding limitations, explains what steps a candidate or political committee must complete in order to change from mini reporting to full reporting (disclosing contributions and expenditures) and notes the deadline for completing an application. The rule also explains what happens when a candidate fails to switch reporting options and exceeds the mini reporting limitations.
Hearing Location(s): Public Disclosure Commission (PDC), Evergreen Plaza Building, Room 206, 711 Capitol Way, Olympia, WA, on May 22, 2014, at 9:30 a.m.
Date of Intended Adoption: May 22, 2014.
Submit Written Comments to: Lori Anderson, by mail P.O. Box 40908, Olympia, WA 98504-0908, physical address 711 Capitol Way, Room 206, Olympia, WA, e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by May 12, 2014.
Assistance for Persons with Disabilities: Contact Nancy Coverdell by phone (360) 753-1980.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendment to WAC 390-16-105 clarifies that a candidate or political committee who registers a campaign and selects the mini reporting option must disclose contributions and expenditures as required by chapter 42.17A RCW upon failing to comply with the mini reporting eligibility criteria set out in the rule.
Proposed amendment to WAC 390-16-125 allows the PDC staff to approve an application to change reporting options after the applicant has exceeded the mini reporting thresholds, provided the application is received by the proscribed deadline for switching reporting options, the applicant acknowledges a violation of WAC 390-16-105, and files disclosure reports. The current rule mandates that the application must be submitted prior to exceeding the mini reporting limitations. The proposed amendment also moves the deadline for submitting an application to change from mini to full reporting from thirty business days before the general election to August 31.
Reasons Supporting Proposal: Today under WAC 390-16-125, an application to switch reporting options made after exceeding the mini reporting limitations would be denied and the applicant would be instructed to not exceed the mini reporting limitations. The proposed amendment stems from a 2013 enforcement matter involving a local ballot measure campaign who registered as a mini reporting committee, exceeded the limitations, and then completed its application to switch reporting options. The enforcement concluded in September 2013 and the committee was penalized for exceeding the mini reporting limitations. The committee had debt to retire and it wanted to continue to support the ballot measure, which was on the November 2013 general ballot. WAC 390-16-125 should be amended to allow the staff the ability to act on similar applications. Making the pre-general election application deadline earlier promotes disclosure by ensuring that campaign funding sources are disclosed when ballots are mailed.
Statutory Authority for Adoption: RCW 42.17A.110(8).
Statute Being Implemented: RCW 42.17A.110(8).
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: No increased costs to the agency are expected.
Name of Proponent: PDC, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-2737; and Enforcement: Philip Stutzman, 711 Capitol Way, Room 206, Olympia, WA, (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 business. The PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.
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 RCW 34.05.328. Further, the PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii) and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.
March 21, 2014
Lori Anderson
Communications and
Training Officer
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-105 Mini campaign reporting—Eligibility.
(1) A candidate or candidate's authorized committee, as those terms are defined in RCW 42.17A.005, ((shall not be)) is not required to comply with the provisions of RCW 42.17A.225 through 42.17A.240 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when both of the following conditions are present:
(a) Neither aggregate contributions nor aggregate expenditures exceed the amount of the candidate's filing fee provided by law plus a sum not to exceed five thousand dollars; and
(b) No contribution or contributions from any person other than the candidate ((within such aggregate)) exceed five hundred dollars in the aggregate. However, a bona fide political party may pay the candidate's filing fee provided by law without that payment disqualifying that candidate from eligibility under this section.
(2) A political committee, as that term is defined in RCW 42.17A.005, ((shall not be)) is not required to comply with the provisions of RCW 42.17A.225 through 42.17A.240 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when both of the following conditions are present:
(a) Neither aggregate contributions nor aggregate expenditures exceed five thousand dollars; and
(b) No contribution or contributions from any person exceed five hundred dollars in the aggregate.
(3) A continuing political committee, as that term is defined in RCW 42.17A.005, ((shall not be)) is not required to comply with the provisions of RCW 42.17A.225 through 42.17A.240 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when both of the following conditions are present:
(a) Neither aggregate contributions nor aggregate expenditures during a calendar year exceed five thousand dollars; and
(b) No contribution or contributions from any person exceed five hundred dollars in the aggregate.
(4) A candidate or political committee that exceeds one or both of the thresholds set out in this section after registering as a mini reporting campaign shall comply with the provisions of chapter 42.17A RCW, including, but not limited to, disclosure of contributions and expenditures, disclosure of last minute contributions, applicable contribution limits, false political advertising, sponsor identification and public inspection of campaign books of account.
(5) Candidates and political committees eligible for mini campaign reporting are required to comply with all applicable provisions of chapter 42.17A RCW including, but not limited to, false political advertising, sponsor identification and public inspection of campaign books of account unless specifically exempted under subsections (1) through (3) of this section.
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-16-125 Mini campaign reporting—Exceeding limitations.
(1) A candidate or political committee ((shall)) wishing to change from mini to full reporting must apply in writing to the commission for authorization to change reporting options before the limitations specified in WAC 390-16-105 are exceeded. A complete application shall include all of the following documents:
(a) An amended registration statement (Form C-1 for candidates, Form C-1pc for political committees) selecting the full reporting option as provided in RCW 42.17A.225 through 42.17A.240;
(b) PDC forms C-3 and C-4 with relevant schedules and attachments disclosing all contributions and expenditures to date reportable under RCW 42.17A.240 for the election campaign, or in the case of continuing political committees, for the calendar year; and
(c)(i) If the applicant is a candidate, a statement affirming that all candidates registered with the commission for the office being sought have been notified personally in writing of the application, and the manner and date of such notification;
(ii) If the applicant is the treasurer of a political committee supporting or opposing a ballot proposition, a statement affirming that all treasurers of all political committees registered with the commission as supporting or opposing the proposition have been notified personally in writing of the application, and the manner and date of such notification; or
(iii) If the applicant is the treasurer of a county or legislative district party committee, a statement affirming that the treasurer of that party committee's counterpart in any other major political party has been notified personally in writing of the application, and the manner and date of such notification.
(2) An application that is submitted without the required documents described in subsection (1) of this section is incomplete and will not be processed or approved. If the applicant provides the missing documents, the application will be determined to be complete on the date the documents are ((postmarked or delivered to)) received by the commission.
(3) If a complete application is ((postmarked or delivered to)) received by the commission on or before thirty business days prior to the date of ((the)) an election other than the general election, the executive director will approve the application ((shall be approved by the executive director)). An application to change reporting options before the general election must be received by the commission on or before August 31.
(4) If a complete application is ((postmarked or delivered to)) received by the commission on or after ((twenty-nine business days prior to the election)) the deadlines set out in subsection (3) of this section, the executive director will approve the application ((shall be approved by the executive director)) only if one or more of the following factors are present:
(a) The applicant's campaign had its respective C-1 or C-1pc on file with the commission ((forty-one or more days before the election)) when notice of the upcoming application deadline to change reporting options was sent and the commission staff did not send to the applicant's campaign in a timely and proper manner, either electronically or by other mail delivery service, a notice that the ((thirtieth business day)) deadline for unrestricted changes in reporting options is approaching. To be timely and proper, this notice must be sent at least ((forty business days)) two weeks before the ((election)) application deadline to the campaign's electronic mail address or postal service mailing address specified on the registration statement;
(b) The applicant is a candidate and, ((within thirty business days of the election)) after the application deadline, a write-in opponent has filed for office in accordance with chapter 29A.24 RCW;
(c) ((Within thirty business days of the election)) After the application deadline, an independent expenditure as defined in RCW 42.17A.005 is made in support of the applicant's opponent or in opposition to the applicant; or
(d) When a candidate or political committee on one side of an election campaign or proposition has been approved to change reporting options under this section, each opponent of that candidate or political committee is approved to change options as of the date that ((opponent postmarks or delivers a)) opponent's complete application ((to)) is received by the commission.
(5) Exceeding the aggregate contributions or aggregate expenditures specified in WAC 390-16-105 without complying with the provisions of this section ((shall)) constitutes one or more violations of chapter 42.17A RCW or 390-17 WAC.
(6) The executive director may approve an application to change reporting options after the aggregate contributions or aggregate expenditures specified in WAC 390-16-105 have been exceeded only if the applicant (a) meets the deadlines provided in subsection (3) of this section; and (b) acknowledges the violation and demonstrates compliance with WAC 390-16-105(4). Approval of an application under this subsection does not absolve a candidate or political committee from liability for any violation or violations of subsection (5) of this section.
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