On August 10, 2006, the governor received an appeal from Rhys Sterling relating to the office of the secretary of state's denial of a petition to add a new rule. The governor's office denied Mr. Karp's Petition on September 19, 2006.
September 19, 2006
Rhys Sterling
P.O. Box 218
Hobart, WA 98025-0218
Re: Petition Concerning RCW 4.34 and 4.35 and the Secretary
of State's Petition Denial
Dear Mr. Sterling:
This letter is in response to your petition to Governor
Gregoire, dated August 10, 2006, requesting that the Governor
consider a new rule requiring a "none of the above" option for
party affiliation designation on a consolidated primary
ballot. You initially petitioned for the inclusion of this
option to the Secretary of State. That petition was denied
and, in turn, you have now petitioned the Governor in
accordance with the Administrative Procedure Act (APA).
While the APA authorizes the Governor to consider petitions
appealing decisions by any state agency, including the Office
of the Secretary of State, RCW 34.05.010(2), 34.05.330(3), the
Governor lacks jurisdiction to address the merits of your
petition under the APA. The Governor may not consider a
petition regarding an agency's denial to adopt a new rule.
RCW 34.05.330(3). Notwithstanding your stated intent to amend
the election rules regarding ballot format, your petition
failed to cite a single specific Washington Administrative
Code (WAC) Section that you wished to amend (or otherwise
repeal). Instead, it referred to your desire to include an
option on the consolidated primary ballot not currently
addressed directly in the WAC. Therefore, your petition
involves the adoption of a new rule and not the amendment of
an existing one.
Please rest assured that the Governor recognizes the
importance of ballot secrecy in our electoral process. She is
confident that state auditors can establish protocols that
will protect voter privacy. Please note that during the 2006
legislative session, the Legislature discussed the issue of
whether to include a "none of the above" option on a
consolidated primary ballot and declined to pass the bill.
See House Bill 2484, 2006 Legislative Session.
The Governor appreciates your commitment to ensuring the
protection of our election system and encourages you to
continue to work with your local representative on this issue.
Sincerely,
Richard Mitchell
General Counsel