WSR 03-24-023

EXPEDITED RULES

OFFICE OF THE

SECRETARY OF STATE

[ Filed November 21, 2003, 4:39 p.m. ]

     Title of Rule: WAC 434-219-140, establishes deadlines for the major political parties to submit the exact wording of the party declarations voters will be asked to subscribe to in order to vote a party ballot at the presidential primary.

     Purpose: The purpose is to establish deadlines for actions taken by both the major political parties and the secretary of state for the conduct of the presidential primary.

     Statutory Authority for Adoption: RCW 29.19.070.

     Statute Being Implemented: RCW 29.19.055.

     Summary: The rule change removes the word "preference" from the description of the presidential primary to more accurately reflect the common name of the primary.

     Reasons Supporting Proposal: The proposed changes do not affect the deadlines or requirements of either the parties or the secretary of state but simply deletes the word "preference" from the rule to accommodate the common name of the presidential primary. It is no longer referred to as the presidential "preference" primary.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Shawn Merchant, 520 Union Avenue, Olympia, WA 98504, (360) 902-4154.

     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: WAC 434-219-140 establishes deadlines for the major political parties to submit the exact wording of the party declarations voters will be asked to subscribe to in order to vote a party ballot at the presidential primary. The rule also requires the secretary of state to certify the party declarations to each of the county auditors by August 30 of the year preceding the presidential primary.

     The proposed changes do not affect the deadlines or requirements of either the parties or the secretary of state but simply deletes the word "preference" from the rule to accommodate the common name of the presidential primary. It is no longer referred to as the presidential "preference" primary.

     Proposal does not change existing rules.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Shawn Merchant, Office of the Secretary of State, 520 Union Avenue, Olympia, WA 98504 , AND RECEIVED BY February 2, 2004.


November 20, 2003

Steven Excell

Assistant Secretary of State

OTS-6832.1


AMENDATORY SECTION(Amending WSR 99-22-073, filed 11/2/99, effective 12/3/99)

WAC 434-219-140   Declaration by voter.   (1) Each registered voter desiring to participate in the presidential primary shall be given the opportunity to subscribe to any declaration provided under the national or state political party rules of a major political party for participation in the presidential nominating process of that party.

     (2) No later than August 15 in the calendar year preceding the year in which the presidential ((preference)) primary is to be held, each major party shall submit in writing to the secretary of state the exact wording of the party declaration.

     (3) The secretary of state shall certify the language of each major party's declaration to the county auditors no later than August 30 in the calendar year preceding the year in which the presidential ((preference)) primary is to be held.

     (4) A voter may subscribe to a declaration stating that he or she wants his or her vote to be counted in the unaffiliated results, provided that failure to subscribe to this declaration does not prevent any person's vote from being counted in the unaffiliated results. The unaffiliated declaration shall be printed in substantially the following form: "I do not want to sign a party declaration. I understand that party rules may not allow my vote to be used to select delegates to the nominating conventions."

[Statutory Authority: RCW 29.19.070. 99-22-073, § 434-219-140, filed 11/2/99, effective 12/3/99; 96-03-141, recodified as § 434-219-140, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-140, filed 8/26/91, effective 9/26/91.]

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