Effective Date of Rule: June 30, 2009.
Purpose: Adoption of new WAC 390-05-274 to clarify the term "party affiliation" and reference to "party," "political party" and similar terms in TITLE 390 WAC.
Statutory Authority for Adoption: RCW 42.17.370.
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: In March of 2008, the United States Supreme Court upheld Washington's top two primary system which was enacted into law by the voters in 2004 through the passage of I-872. Under the new primary system a candidate's party designation on the declaration of candidacy form indicates the candidate's party preference only, and does not indicate a formal affiliation between the candidate and the party specified, or reflect an endorsement or support from that party. To preserve the general welfare and given the timing restriction for rule making in RCW 42.17.370(1), the new rule is needed for the 2009 election cycle to clarify the term "party affiliation" found in two sections of chapter 42.17 RCW and TITLE 390 WAC.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: May 28, 2009.
Douglas J. Ellis
WAC 390-05-274 Party affiliation -- Party preference. (1) "Party affiliation" as that term is used in chapter 42.17 RCW and TITLE 390 WAC means the candidate's party preference as expressed on his or her declaration of candidacy. A candidate's preference does not imply that the candidate is nominated or endorsed by that party, or that the party approves of or associates with that candidate.
(2) A reference to "political party affiliation," "political party," or "party" on disclosure forms adopted by the commission and in TITLE 390 WAC refers to the candidate's self-identified party preference.