WSR 14-08-021 PROPOSED RULES PUBLIC DISCLOSURE COMMISSION [Filed March 21, 2014, 4:28 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-04-091.
Title of Rule and Other Identifying Information: New WAC 390-17-301 Eligibility to receive primary election contributions.
Hearing Location(s): Public Disclosure Commission (PDC), Evergreen Plaza Building, Room 206, 711 Capitol Way, Olympia, WA, on May 22, 2014, at 9:30 a.m.
Date of Intended Adoption: May 22, 2014.
Submit Written Comments to: Lori Anderson, by mail P.O. Box 40908, Olympia, WA 98504-0908, physical address 711 Capitol Way, Room 206, Olympia, WA, e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by May 12, 2014.
Assistance for Persons with Disabilities: Contact Nancy Coverdell by phone (360) 753-1980.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Converting PDC Interpretation 04-01, Contribution Limits: Impact When a Candidate Subject to Limit Does Not Have a Primary Election (adopted February 24, 2004) to rule. The interpretation and proposed new WAC 390-17-301 clarify that only candidates who appear on the primary election ballot or as write-in candidates in the primary election may receive primary election contributions under the limits imposed by RCW 42.17A.405 and 42.17A.410. The rule informs how refunds are to be made when contributions are received that a candidate is not eligible to accept.
Reasons Supporting Proposal: PDC Interpretation 04-01 was adopted February 24, 2004, to provide guidance to candidates who are subject to limit and who may receive contributions that they are not entitled to accept. Converting the interpretation to rule is especially important now that the legislature has since extended contribution limits to many local, nonpartisan elective offices. Candidates running for these local offices are the most likely to not have a primary election under the Top 2 Primary system.
Statutory Authority for Adoption: RCW 42.17A.110(1).
Statute Being Implemented: RCW 42.17A.405 and 42.17A.410.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule will enact an interpretation that has been in place for ten years. No increased costs to the agency are expected.
Name of Proponent: PDC, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-2737; and Enforcement: Philip Stutzman, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-8853.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rule amendments has minimal impact on small business. The PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.
A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of RCW 34.05.328. Further, the PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii) and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.
March 21, 2014
Lori Anderson
Communications and
Training Officer
NEW SECTION
WAC 390-17-301 Eligibility to receive primary election contributions.
(1) Candidates for state and certain local offices are subject to the contribution limits in RCW 42.17A.405. Judicial candidates are subject to the contribution limits in RCW 42.17A.410. Only candidates who appear on the primary election ballot or as write-in candidates in the primary election may receive primary election contributions.
(2) Once the appropriate elections official determines that no primary election for a particular office will be held, a declared candidate for that office must refund any contributions received in excess of the general election contribution limit. The candidate or the candidate's authorized committee must make the refunds within two weeks of the election's official's determination, and must disclose the refunds on the appropriate report.
(3) Failure by a candidate or a candidate's authorized committee to make refunds as required by subsection (2) of this section is a violation of RCW 42.17A.405 or 42.17A.410 by the candidate, but not by the contributors who made primary election contributions before a determination was made that no primary election would be held.
(4) WAC 390-17-303 sets out additional eligibility criteria for superior court candidates.
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