Effective Date of Rule: June 30, 2010.
Purpose: Amend WAC 390-05-275 to reference new WAC 390-05-196, when defining party organization.
Citation of Existing Rules Affected by this Order: Amending WAC 390-05-275.
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: Given the rule-making instruction and timing restriction in RCW 42.17.370(1) and in order to preserve the general welfare for the 2010 election season, WAC 390-05-275 needs to be amended to clarify which organizations satisfy the definition of bona fide political party under RCW 42.17.020 and until amendments to chapter 42.17 RCW, in section 101, chapter 204, Laws of 2010 (effective January 1, 2012) become effective, and to reflect the definition will be approved through new emergency WAC 390-05-196 Bona fide political party -- Application of term. These emergency rules are a result of the March 2008 United States Supreme Court decision upholding Washington state's top two primary system which was enacted by voters with their approval of I-872 in 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: May 27, 2010.
AMENDATORY SECTION(Amending WSR 07-08-044, filed 3/28/07, effective 4/28/07)
WAC 390-05-275 Definition -- Party organization. "Party organization," as that term is used in chapter 42.17 RCW and TITLE 390 WAC, means a bona fide political party as defined in RCW 42.17.020 and applied in WAC 390-05-196.
[Statutory Authority: RCW 42.17.370. 07-08-044, § 390-05-275, filed 3/28/07, effective 4/28/07.]