WSR 97-09-099

PROPOSED RULES

SECRETARY OF STATE

[Filed April 23, 1997, 11:13 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-06-091.

Title of Rule: Exemption of transmittal of signature cards to the Secretary of State.

Purpose: To allow county auditors to be exempted from submitting voter registration signature cards if certain requirements are met.

Statutory Authority for Adoption: RCW 29.04.080 and 29.07.120.

Statute Being Implemented: RCW 29.07.120.

Summary: This proposed WAC will, through interlocal agreement, exempt county auditors from transmitting signature cards and voter registration updates to the Secretary of State.

Reasons Supporting Proposal: Exempting the transmittal of signature cards is a cost saving measure for both county auditors and the state. Providing electronic access to signatures will make the initiative process more efficient.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Brian Mohoric, 1007 South Washington, Olympia, (360) 664-3442.

Name of Proponent: Secretary of State, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will allow the Secretary of State and consenting county auditors to enter into interlocal agreement allowing the Secretary of State electronic access to voter registration signatures. In exchange, county auditors will be exempted from transmitting signature cards to the Secretary of State. Anticipated effect is more efficient use of government resources at the county level and the state level.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Intergovernmental rule only.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Intergovernmental rule only RCW 34.05.328 (5)(b)(ii).

Hearing Location: Secretary of State's Office, Voter Registration Services, 1007 South Washington Street, Olympia, WA 98504, on May 27, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Brian Mohoric, (360) 664-3442 by May 20, 1997.

Submit Written Comments to: FAX (360) 664-2971, by May 20, 1997.

Date of Intended Adoption: June 30, 1997.

April 23, 1997

Donald F. Whiting

Assistant Secretary of State

NEW SECTION

WAC 434-24-065 Exemption of transmittal of signature cards to the secretary of state. Pursuant to the requirements of RCW 29.07.120, a county auditor shall be exempted from transmitting voter registration cards required by RCW 29.07.090 and 29.10.100, by providing the secretary of state access to electronic voter registration and electronic voter signature information, provided that access to the electronic data shall meet the specifications defined by the secretary of state and agreed to by the county auditor through interlocal agreement. If access to the electronic data is suspended by the county auditor, the county auditor shall provide a complete alphabetical copy of all voter registration records in that county. The records shall contain the voter's name, date of registration, voter registration number, and a facsimile of the voter's signature. The office of the county auditor shall pay for all costs incurred by the secretary of state in reestablishing a voter registration card file system.

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