Purpose: The 2005 legislature passed chapter 221, Laws of 2005, which allows candidates for the court of appeals, superior court, and legislature to file a declaration of candidacy with either the Secretary of State or the county auditor. This information must be exchanged daily between the Secretary of State and county auditors. After the last day for filing, this information must be exchanged immediately.

     Citation of Existing Rules Affected by this Order: Amending WAC 434-215-080.

     Statutory Authority for Adoption: RCW 29A.04.611.

     Other Authority: RCW 29A.24.040 and 29A.24.070.

     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: Candidate filing week will take place before permanent adoption of this rule.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 6, 2005.

Steve Excell

Assistant Secretary of State

OTS-8203.1

AMENDATORY SECTION(Amending WSR 02-15-156, filed 7/23/02, effective 8/23/02)

WAC 434-215-080   ((Jurisdictions eligible to accept electronically filed declarations of candidacy.)) Electronic filing -- Eligible jurisdictions.   (1) The secretary of state and county auditors may accept electronically filed declarations of candidacy for any office for which they are authorized to accept filings ((provided by RCW 29.15.030)). Any system designed to accept electronically filed declarations of candidacy must comply with the requirements of WAC 434-215-070.

     (2) Pursuant to RCW 29A.24.070(2), a candidate for the legislature, the court of appeals, or superior court in a jurisdiction that is within one county may file the declaration of candidacy with either the secretary of state or the county auditor. If the secretary of state or county auditor receives a declaration of candidacy from such a candidate, the candidacy information must be exchanged with the other filing officer as soon as possible, and within one business day at the latest. All candidacy information must be exchanged with the other filing officer immediately after the close of business on the last day for filings.

[Statutory Authority: 2002 c 140 § 3. 02-15-156, § 434-215-080, filed 7/23/02, effective 8/23/02.]

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