[Filed June 9, 2020, 9:25 a.m., effective June 9, 2020, 9:25 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: To clarify options for minor party and independent candidate conventions held pursuant to RCW 29A.56.600 through 29A.56.670 during the COVID-19 health emergency. Due to the declared COVID-19 health emergency, gatherings of one hundred or more people are currently prohibited in all counties in Washington state.

Citation of Rules Affected by this Order: New WAC 434-208-1301.

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: Due to the COVID-19 health emergency, face to face meetings and large in-person gatherings are prohibited by emergency order and pose a danger to public health. This emergency rule clarifies options for minor party and independent candidates seeking to place a presidential candidate on the ballot pursuant to RCW 29A.56.600 through 29A.56.670.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 9, 2020.

Assistant Secretary of State

WAC 434-208-1301Minor party and independent candidate presidential conventions conducted during the COVID-19 state of emergency in 2020.

(1) For purposes of this rule, a convention, as defined in RCW 29A.56.600, is an organized meeting or meetings of registered Washington voters supporting minor political party or independent candidates for president and vice president.

(2) In 2020, a minor party or independent candidate convention conducted virtually will be accepted.

(3) If the convention is held virtually, the notice required by RCW 29A.56.620 may be published in a newspaper of general circulation in the Washington state county in which the virtual convention will be hosted or in which the candidate reasonably anticipates that at least one attendee resides. For a virtual convention, the notice must include information on how interested attendees can register to attend the convention and the mailing address of the person or organization sponsoring the convention.

(4) The nominating petition requirements of RCW 29A.56.630, 29A.56.640, and 29A.56.650 must be observed.

(5) Attendees of a virtual convention must have a hard copy of the nominating petition, and they must provide their printed name, address, and original signature. Signatures must be submitted to the secretary of state together with the nominating petition. Digital or digitized signatures will not be accepted on the nominating petition forms.

(6) This emergency rule is adopted in light of the impacts that the COVID-19 pandemic has had on the ability of individuals to gather for organized meetings. This emergency rule does not alter the agency's longstanding interpretation that a convention must occur in-person in all other situations.

(7) All other requirements for minor party and independent candidates for president and vice president remain in effect.