WSR 02-14-088

EMERGENCY RULES

SECRETARY OF STATE


[ Filed June 28, 2002, 4:22 p.m. , effective July 1, 2002 ]

Date of Adoption: July 28, 2002.

Purpose: To establish a definition and standards for the implementation of a system to file declarations of candidacy electronically.

Citation of Existing Rules Affected by this Order: Amending WAC 434-215-012 and 434-208-060.

Statutory Authority for Adoption: Section 3, chapter 140, Laws of 2002.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: To implement on-line declaration of candidacy filing for the 2002 filing period, July 22nd-July 26th, it is necessary to adopt these rules immediately.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 4, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: July 1, 2002.

June 28, 2002

Steve Excell

Assistant Secretary of State

OTS-5578.3


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-215-012   Declaration of candidacy -- Offices subject to a primary.   Declarations of candidacy for all partisan and nonpartisan offices ((shall be)) filed either in person or by mail shall be in substantially the following form:


(WAC 434-215-012, Illus. 1) Place illustration here.

Candidate: Return all copies of this declaration to the filing officer. Distribution by the filing officer: White -- County; Yellow -- PDC; Pink -- Candidate

The form((s)) shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form shall also contain space for recording the date and time of filing and a sequential filing and receipt number. One copy of the form or an electronic file, in a format approved by the secretary of state and acceptable to the public disclosure commission, containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be forwarded to the public disclosure commission as required by RCW 29.15.030, and one copy of the form or an electronic file containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be returned to the candidate.

[02-09-007, recodified as 434-215-012, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-228-012, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, 434-28-012, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), 434-28-012, filed 7/16/84; 80-05-014 (Order 80-1), 434-28-012, filed 4/8/80.]


NEW SECTION
WAC 434-215-070   Definition and standards for systems to file declarations of candidacy electronically.   An electronic system to file declarations of candidacy shall be an online system accessible to candidates on the world wide web that records the information specified in RCW 29.15.010 (1) through (4) and WAC 434-215-090. At a minimum, the system shall perform the following functions:

(1) Verify the candidate's voter registration status;

(2) Check the candidate's name against the name returned by electronic transfer of funds process;

(3) Allow the filing officer to verify filings before filing information is made public;

(4) Accept electronic transfer of funds for the payment of filing fees required by RCW 29.15.050, except that a candidate submitting a nominating petition in the place of a filing fee may not file the declaration of candidacy electronically;

(5) Inform, and require the candidate to acknowledge, that submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitution and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29.15.050; and

(6) Inform the candidate that knowingly providing false information on a declaration of candidacy is a class C felony as provided by RCW 29.85.100.

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NEW SECTION
WAC 434-215-080   Jurisdictions eligible to accept electronically filed declarations of candidacy.   The secretary of state and county auditors may accept electronically filed declarations of candidacy for any office for which they are authorized to accept filings provided by RCW 29.15.030. Any system designed to accept electronically filed declarations of candidacy must comply with the requirements of WAC 434-215-070.

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NEW SECTION
WAC 434-215-090   Information requirements for electronically filed declarations of candidacy beyond those required in RCW 29.15.010.   At a minimum, electronically filed declarations of candidacy shall provide:

(1) The month and day of the candidate's date of birth;

(2) An electronic mail address, phone number, and mailing address where the candidate may be contacted.

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NEW SECTION
WAC 434-215-110   Interlocal agreements to provide electronic filing services.   The secretary of state may enter into interlocal agreements with county auditors to provide services in order that county auditors may accept electronic filings. Nothing in an agreement shall contravene RCW 29.15.030, determining where candidates file for office.

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OTS-5577.1


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-208-060   Filing of electronic facsimile documents.   In addition to those documents specified by RCW 29.04.230, the secretary of state or the county auditor shall accept and file in his or her office electronic facsimile transmissions of the following documents:

(1) The text of any proposed initiative, referendum, or recall measure and any accompanying documents required by law;

(2) Any minor party or independent candidate filing material except nominating petitions;

(3) Lists of presidential electors selected by political parties or independent candidates;

(4) Voted ballots, provided the voter agrees to waive the secrecy of his or her ballot;

(5) Resolutions from cities, towns, and other districts calling for a special election;

(6) Filling of vacancies on the ticket by a major political party;

(7) Voter registration form.

[98-08-010, recodified as 434-208-060, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.230. 92-18-087, 434-08-060, filed 9/2/92, effective 10/3/92.]

Washington State Code Reviser's Office