Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-08-013.

     Title of Rule: An electronic system to file declarations of candidacy.

     Purpose: Rules are established to establish a definition and standards for the implementation of a system to file declarations of candidacy electronically.

     Statutory Authority for Adoption: Section 3, chapter 140, Laws of 2002.

     Statute Being Implemented: Chapter 140, Laws of 2002.

     Summary: An electronic system to file declarations of candidacy shall be an online system accessible to candidates on the world wide web that records information required in statute.

     Reasons Supporting Proposal: The system will be more efficient for the Office of the Secretary of State and more convenient for candidates across the state.

     Name of Agency Personnel Responsible for Drafting: Bill Huennekens, Office of the Secretary of State, (360) 902-4169; Implementation and Enforcement: Dean Logan, Office of the Secretary of State, (360) 902-4180.

     Name of Proponent: Office of the Secretary of State, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: These rules define and establish standards for a system to file declarations of candidacy electronically, determine which jurisdictions may accept electronically filed declarations of candidacy, and allow interlocal agreements to provide electronic filing services.

     Proposal Changes the Following Existing Rules: Changes rules to allow for the implementation of a system to file declarations of candidacy electronically, transfer filing information electronically to the public disclosure commission, and allowing the acceptance of a voter registration form by electronic facsimile.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impact small businesses.

     RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(ii) establishes that this section does not apply to rules relating only to internal governmental operations.

     Hearing Location: Office of the Secretary of State, 520 Union Avenue S.E., Olympia, WA, on June 26, 2002, at 9:00.

     Assistance for Persons with Disabilities: Contact Bill Huennekens by June 21, 2002, TDD (800) 422-8683, or (360) 902-4169.

     Submit Written Comments to: Bill Huennekens, Office of the Secretary of State, P.O. Box 40229, Olympia, WA 98584 [98504], fax (360) 586-5629, by June 26, 2002.

     Date of Intended Adoption: July 23, 2002.

May 21, 2002

Steve Excell

Assistant Secretary of State

OTS-5578.3

AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-215-012   Declaration of candidacy -- Offices subject to a primary.   Declarations of candidacy for all partisan and nonpartisan offices ((shall be)) filed either in person or by mail shall be in substantially the following form:

(WAC 434-215-012, Illus. 1) Place illustration here.

Candidate: Return all copies of this declaration to the filing officer. Distribution by the filing officer: White -- County; Yellow -- PDC; Pink -- Candidate

The form((s)) shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form shall also contain space for recording the date and time of filing and a sequential filing and receipt number. One copy of the form or an electronic file, in a format approved by the secretary of state and acceptable to the public disclosure commission, containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be forwarded to the public disclosure commission as required by RCW 29.15.030, and one copy of the form or an electronic file containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be returned to the candidate.

[02-09-007, recodified as § 434-215-012, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-228-012, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-28-012, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), § 434-28-012, filed 7/16/84; 80-05-014 (Order 80-1), § 434-28-012, filed 4/8/80.]

     (1) Verify the candidate's voter registration status;

     (2) Check the candidate's name against the name returned by electronic transfer of funds process;

     (3) Allow the filing officer to verify filings before filing information is made public;

     (4) Accept electronic transfer of funds for the payment of filing fees required by RCW 29.15.050, except that a candidate submitting a nominating petition in the place of a filing fee may not file the declaration of candidacy electronically;

     (5) Inform, and require the candidate to acknowledge, that submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitution and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29.15.050; and

     (6) Inform the candidate that knowingly providing false information on a declaration of candidacy is a class C felony as provided by RCW 29.85.100.

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     (1) The month and day of the candidate's date of birth;

     (2) An electronic mail address, phone number, and mailing address where the candidate may be contacted.

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OTS-5577.1

AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-208-060   Filing of electronic facsimile documents.   In addition to those documents specified by RCW 29.04.230, the secretary of state or the county auditor shall accept and file in his or her office electronic facsimile transmissions of the following documents:

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

     (2) Any minor party or independent candidate filing material except nominating petitions;

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

     (4) Voted ballots, provided the voter agrees to waive the secrecy of his or her ballot;

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

     (6) Filling of vacancies on the ticket by a major political party;

     (7) Voter registration form.

[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.]

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