Effective Date of Rule: June 30, 2010.
Purpose: Adoption of new WAC 390-05-196 to clarify the difference between bona fide political parties and other political committees for the purpose of contribution limitations following the United States Supreme Court ruling upholding Washington's top two primary system.
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 voters enacted by approving I-872 in 2004. Under the new primary system, chapter 29A.20 RCW which has been relied on to distinguish bona fide political parties from other political committees has been effectively repealed. Section 101, chapter 204, Laws of 2010 (effective January 1, 2012) amends chapter 42.17 RCW to remove the reference to chapter 29A.20 RCW and confirm the secretary of state's ability to recognize minor political parties. 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 2010 election season to clarify which minor party organizations satisfy the definition of bona fide political party in RCW 42.17.020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.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 27, 2010.
WAC 390-05-196 Bona fide political party -- Application of term. An organization that filed a valid certificate of nomination with the secretary of state or a county elections official under chapter 29A.20 RCW in any year from 2002 through 2007, and any organization that is otherwise recognized by the secretary of state as a minor political party after 2007, is deemed to have satisfied the definition of bona fide political party in RCW 42.17.020.