[Filed May 6, 2020, 9:04 a.m., effective May 6, 2020, 9:04 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: To allow for processing of candidate filings for office, for candidates that lack the funds to pay a filing fee, at the time of filing for office, during a declared emergency.

Citation of Rules Affected by this Order: New WAC 434-215-0251.

Statutory Authority for Adoption: RCW 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: During the COVID-19 health emergency, face to face meetings are prohibited by emergency order. This WAC allows for a candidate that lacks the funds to pay a filing fee for office at the time of filing to petition either by collecting signatures in lieu of the filing fee or by using their signature on an attestation that they lack the funds to pay a filing fee at the time of filing for office.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 6, 2020.

Assistant Secretary of State

WAC 434-215-0251Filing fee petitions during a state of emergency.

During a state of emergency declared by the governor the following procedures shall be substituted for those in WAC 434-215-025 when filing fee petitions:

(1) When a candidate submits a filing fee petition in lieu of his or her filing fee, as authorized by RCW 29A.24.091, the petition must take the form of an attestation by the candidate, stating that the candidate lacks sufficient assets or income at the time of filing to pay the filing fee for the office.

(2) A candidate submitting a filing fee petition in the place of a filing fee must sign the attestation, certifying under penalty of perjury that the candidate lacks sufficient assets or income at the time of filing to pay the filing fee.

(3) A candidate submitting a filing fee petition must submit the attestation when filing the declaration of candidacy.

(4) The filing officer shall verify the candidate has submitted a filing fee petition in the place of a filing fee that includes a signed attestation certifying a lack of sufficient assets or income to pay the filing fee.