Approval Date: June 29, 1999

Number: 99-01

References: RCW 42.17.080(4) as amended by Chapter 401, Laws of 1999

The Eight-Day Period for Inspection of Campaign Books

Explanation of Issue. On July 25, 1999, RCW 42.17.080(4), the provision requiring candidates and political committees to make their books of account available for public inspection, will be sufficiently changed by Chapter 401, Laws of 1999, so that the items on the C-1 and C-1pc forms relating to this requirement are no longer entirely accurate. (The information called for on the forms will not change, but the brief explanation of the law's requirement will be out-dated.)

Since the C-1 and the C-1pc are adopted by rule, it takes a rule amendment to modify them and, according to RCW 42.17.370(1)¹, if a rule amendment is not in effect on or before June 30, it will not take effect until after that year's general election. No exception is made for rules needed to implement new or amended statutes.

Typically, the Commission would have considered adopting an emergency rule to take effect on June 30. However, in this case, an emergency rule was not the best approach. First, an emergency rule is only effective for 120 days and, therefore, would expire on October 28, 1999. As such, the rule would expire during the eight days before the general election, precisely at a time when it would be needed. Second, amending the C-1 form would mean that the 2,500 candidate declaration packets (which PDC has assembled and supplied to counties for distribution to candidates who will declare for office in July) would include an obsolete form. Replacing those packets is cost-prohibitive, and asking counties to open each envelope and substitute forms is not a viable option.

Under these circumstances, the Commission determined that so long as candidates, treasurers and the public are notified of the change in law, the existing C-1 and C-1pc forms may be used for the 1999 elections.

Implementation of Chapter 401, Section 13. The Commission voted to:

•	suspend enforcement of that portion of the language of Item 10 on the C-1 and Item 8 on the C-1pc that is no longer consistent with the statute: (Two hours daily between 8 AM - 8 PM, Monday - Friday.);
•	adopt a formal interpretation of Section 13 giving guidance to persons subject to the law concerning what this new statutory language requires;
•	direct staff to notify candidates, political committees and the public of this interpretation by sending information directly to candidates and treasurers, placing a notice on PDC's web site and having the interpretation published in the State Register; and
•	during the fall of 1999, adopt rules revising the C-1 and C-1pc forms effective December 1, 1999.

Interpretation of Chapter 401, Section 13. RCW 42.17.080(4), as amended by Chapter 401, Laws of 1999, requires that campaign books of account be open for public inspection during the eight days immediately before an election regarding which a candidate or political committee is receiving contributions or making expenditures. Specifically, on the eighth day immediately before such an election, the books must be available for two consecutive hours between 8:00 a.m. and 8:00 p.m. at the location and time designated on the candidate's or political committee's properly filed registration statement, even if this eighth day is a legal holiday.²

On the other days -- except Saturday, Sunday or a legal holiday -- the books must be available for inspection between the hours of 8:00 a.m. and 8:00 p.m. by appointment. Appointments must occur within 24 hours of the appointment time requested. On the day before the election, if a request for an appointment is made between the hours of 8:00 a.m. and 8:00 p.m. to inspect books on that day before 8:00 p.m., the appointment must be allowed.

During the eight days before an election, each candidate committee and political committee receiving contributions or making expenditures in that election must take reasonable steps to ensure that persons who attempt to contact the committee to make inspection appointments are able to do so. In addition to personal contacts with committee representatives, appointments may be received by voice mail, facsimile or electronic mail so long as the requested inspection occurs as required by law and clarified by this interpretation.

¹ RCW 42.17.370(1) says, in part: "Any rule relating to campaign finance, political advertising, or related forms that would otherwise take effect after June 30th of a general election year shall take effect no earlier than the day following the general election in that year."

² Chapter 401, Laws of 1999 (E2SSB 5931), requires candidates and political committees that receive contributions or make expenditures with respect to the September 14, 1999, primary election to make their campaign books available on Labor Day, September 6, during the hours and at the location designated on their C-1 or C-1pc registration statement.

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