Date Adopted: December 10, 2003.

     Purpose: On January 1, 2004, the threshold for mandatory electronic filing of campaign finance reports is lowered from $25,000 to $10,000 in expenditures. The amendment reflects the new threshold level and establishes an additional benchmark for determining when a filer can reasonably "expect to expend" an amount equal to or more than $10,000.

     Citation of Existing Rules Affected by this Order: Amending 1, WAC 390-19-030 Electronic filing -- Reporting threshold.

     Statutory Authority for Adoption: RCW 42.17.370(1).

      Adopted under notice filed as WSR 03-22-066 on November 4, 2003.

     Changes Other than Editing from Proposed to Adopted Version: In subsection 2(b) the word last was included between "office" and "sought."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Effective Date of Rule: Thirty-one days after filing.

December 18, 2003

Vicki Rippie

Executive Director

OTS-6783.2

AMENDATORY SECTION(Amending WSR 01-22-052, filed 10/31/01, effective 1/1/02)

WAC 390-19-030   Electronic filing -- Reporting threshold.   (1) ((Beginning with the reporting periods that start on or after January 1, 2002,)) The "electronic reporting threshold" that requires electronic filing of all contribution and expenditure reports is met when a candidate or political committee has expended (($25,000)) $10,000 or more in the preceding calendar year or expects to expend (($25,000)) $10,000 or more in the current calendar year. ((The electronic reporting threshold is $10,000 effective January 1, 2004.))

     (2) It is presumed that a filer "expects to expend" ((is defined as)) $10,000 or more when any one of the following first occurs:

     (a) A filer ((meets or exceeds the electronic reporting threshold)) spends at least $10,000;

     (b) A filer(('s expenditures during the last election)) is a candidate for the same office last sought ((met or exceeded the electronic reporting threshold)), the filer's election is in the current calendar year, and his or her campaign expenditures in the previous election for the same office were $10,000 or more;

     (c) A filer's expenditures meet or exceed ((one-quarter of the electronic reporting threshold in the first calendar quarter)) $2,500 on or before March 31 of the current calendar year;

     (d) A filer's expenditures meet or exceed ((one-half of the electronic reporting threshold in the first half)) $5,000 on or before June 30 of the current calendar year; ((or))

     (e) A filer's expenditures meet or exceed $7,500 on or before September 30 of the current calendar year; or

     (f) A filer otherwise projects that ((the electronic reporting threshold will be met)) $10,000 or more will be spent during the current calendar year.

     (3) The following expenditures or transactions are excluded from the electronic reporting threshold calculation:

     (a) Expenditures made to pay outstanding debts carried forward from a previous election; and

     (b) Surplus funds disposed of in accordance with RCW 42.17.095.

     (4) Candidate committees or political committees supporting or opposing ballot propositions that meet, exceed or expect to meet or exceed the electronic reporting threshold shall report electronically for the duration of the campaign.

     (5) ((Beginning with the reporting periods that start on or after January 1, 2002,)) A report that is filed with the commission electronically need not also be filed with the county auditor or elections officer pursuant to RCW 42.17.080.

[Statutory Authority: RCW 42.17.370. 01-22-052, § 390-19-030, filed 10/31/01, effective 1/1/02.]