WSR 11-01-053



[ Filed December 7, 2010, 2:37 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-12-110.

Title of Rule and Other Identifying Information: WAC 390-05-196 Bona fide political party -- Application of term, 390-05-274 Party affiliation, party preference, etc., and 390-05-275 Definition -- Party Organization.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on January 27, 2011, at 9:30 a.m.

Date of Intended Adoption: January 27, 2011.

Submit Written Comments to: Lori Anderson, Public Disclosure Commission (PDC), P.O. Box 40908, Olympia, WA 98504-0908, e-mail, fax (360) 753-1112, by January 25, 2011.

Assistance for Persons with Disabilities: Contact Jana Greer by phone (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 42.17 RCW treats bona fide political parties differently than other political organizations. Prior to 2008, chapter 42.17 RCW relied on the secretary of state's authority under chapter 29A.20 RCW to recognize minor bona fide political parties. The March 2008 United States Supreme Court decision upholding Washington's Top Two Primary system impliedly repealed chapter 29A.20 RCW. 2SB [2SHB] 2016, section 101, chapter 204, Laws of 2010, amends chapter 42.17 RCW to remove the reference to chapter 29A.20 RCW and confirms the secretary of state's ability to recognize minor bona fide political parties effective January 1, 2012. New WAC 390-05-196 will set out which political organizations the PDC will recognize as minor bona fide political parties for the purpose of chapter 42.17 RCW until January 2012.

Amend WAC 390-05-275 to reference new WAC 390-05-196 when defining party organization.

New WAC 390-05-274 clarifies 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(1).

Statute Being Implemented: Chapter 204, Laws of 2010.

Rule is necessary because of federal court decision, Wash. St. Grange v. Wash. St. Republican Party, 552 U.S. 442 (2008).

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The proposals are intended to harmonize chapter 42.17 RCW with the decision in Wash. St. Grange v. Wash. St. Republican Party, 552 U.S. 442 (2008).

Name of Proponent: PDC, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rules will have minimal impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to the adoption of these rules pursuant to subjection [subsection] (5)(a)(i) of section 201, and, to date, JARRC has not made section 201 applicable to the adoption of these rules.

December 7, 2010

Lori Anderson

Communications and

Training Officer


WAC 390-05-196   Bona fide political party -- Application of term.   (1) 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.

(2) This section shall terminate effective December 31, 2011, at 11:59 p.m.



WAC 390-05-274   Party affiliation, party preference, etc.   (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.



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.]

Washington State Code Reviser's Office