WSR 20-18-026

EMERGENCY RULES

SECRETARY OF STATE

[Filed August 26, 2020, 10:54 a.m., effective August 26, 2020, 10:54 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: To direct county election offices to use only First Class Mail when mailing ballots to voters during the period from fifteen days before the election to election day.

Citation of Rules Affected by this Order: New WAC 434-250-210.

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: This emergency rule preserves the effective and timely conduct of mail-in voting in Washington state. Recent communication from the United States Postal Service general counsel concerning mail delivery standards and transit times for the various classes of mail during the COVID-19 emergency indicate voters registered close to election day may not have sufficient time to receive and return their ballots. As a result, it is necessary to require the use of First Class Mail for all ballots being mailed by county election departments, whether directly or through their vendors, during the period from fifteen days prior to election day to election day. The general election takes place on November 3, 2020, and there is insufficient time to promulgate permanent rules prior to that date.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 26, 2020.

Mark Neary

Assistant Secretary of State