Original Notice.

     Preproposal statement of inquiry was filed as WSR 00-09-027.

     Title of Rule: Rules for the publication of the voters pamphlet.

     Purpose: To conform with changes to chapter 29.81 RCW adopted during the 1999 legislative session.

     Statutory Authority for Adoption: RCW 29.81.320.

     Statute Being Implemented: Chapter 29.81 RCW.

     Summary: Proposal establishes rule for the production of the state voters pamphlet. It clarifies procedures used to form committees who write arguments for and against ballot measures and establishes rules for candidate statements appearing in the pamphlet.

     Reasons Supporting Proposal: These changes are a result of chapter 290, Laws of 1999.

     Name of Agency Personnel Responsible for Drafting: Shawn Merchant, Office of the Secretary of State, Legislative Building, Olympia, (360) 902-4154; Implementation and Enforcement: Dean Logan, Office of the Secretary of State, Legislative Building, Olympia, (360) 902-4167.

     Name of Proponent:

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Legislative action amending the RCW governing the production of the state voters pamphlet necessitates changing the administrative rules relating to the production of the voters pamphlet. Changes have been made to statute that make the current rules no longer applicable to the statutes that direct the Office of the Secretary of State. The proposed rules are intended to make the production of the pamphlet more efficient and provide rules that act in concert with instead of in conflict to current statute.

     Proposal Changes the Following Existing Rules: The proposed change would repeal all of the existing rules for the production of the voters pamphlet and replace them with new rules that act in concert with current statute. Rules that exist currently do not act in concert with current statute and in some instances are in conflict with the statutes governing the pamphlet. For example, existing rules refer to advisory committee members and their appointment, current statute eliminates the advisory committee and increases the argument drafting committee membership from three to six members. Existing rules provide deadlines for submission of arguments on a timeline that are impossible to maintain and still print the pamphlet prior to the general election.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not impact small businesses.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Office of the Secretary of State, 520 Union Avenue, Olympia, WA 98504, on November 27, 2001, at 2:00 p.m.

     Assistance for Persons with Disabilities: Contact Shawn Merchant, TDD (800) 422-8683, or (360) 902-4151.

     Submit Written Comments to: Shawn Merchant, Program Manager, Office of the Secretary of State, P.O. Box 40229, Olympia, WA 98504-0229, fax (360) 586-5629, by November 23, 2001.

     Date of Intended Adoption: December 27, 2001.

October 24, 2001

Steve Excell

Assistant Secretary of State

OTS-3985.3

NEW SECTION
WAC 434-381-110   Committee contacts.   Every candidate or committee appearing in the state voters pamphlet shall designate a contact person with whom the secretary shall communicate all matters related to the pamphlet. Within five business days of the appointment of the initial members, the committee shall provide a name, mailing address, telephone number, and fax number and e-mail address as applicable. In the case of candidates the secretary shall use the information on the declaration of candidacy unless the candidate provides different information pursuant to this section.

[]

     (a) For candidates who filed during the regular filing period, within three business days after filing their declaration of candidacy;

     (b) For candidates who filed during a special filing period, or were selected by a political party pursuant to either RCW 29.15.150 or 29.15.160, within three business days after the close of the special filing period or selection by the party.

     (2) For ballot measures, including initiatives, referendums, alternatives to initiatives to the legislature, and constitutional amendments, the following documents shall be filed with the secretary of state on or before the following deadlines:

     (a) Appointments of the initial two members of committees to prepare arguments for and against measures:

     (i) For an initiative to the people or referendum measure: Within ten business days after the submission of signed petitions to the secretary of state;

     (ii) For an initiative to the legislature, with or without an alternative, constitutional amendment or referendum bill, within ten business days after the adjournment of the regular or special session at which the legislature approved or referred the measure to the ballot:

     (b) Appointment of additional members of committees to prepare arguments for and against ballot measures, not later than the date the committee submits its initial argument to the secretary of state;

     (c) Arguments for or against a ballot measure, no later than twenty calendar days following appointment of the initial committee members;

     (d) Rebuttals of arguments for or against a ballot measure, by no later than fourteen calendar days following the transmittal of the final statement to the committees by the secretary. The secretary shall not transmit arguments to opposing committees for the purpose of rebuttals until both arguments are complete.

     (3) If a ballot measure is the product of a special session of the legislature and the secretary of state determines that the deadlines set forth in subsection (2) of this section are impractical due to the timing of that special session, then the secretary of state may establish a schedule of deadlines unique to that measure.

     (4) The deadlines stated in this rule are intended to promote the timely publication of the voters pamphlet. Nothing in this rule shall preclude the secretary of state from accepting a late filing when, in the secretary's judgment, it is reasonable to do so.

[]

[]

[]

     (1) The secretary will notify candidates whose photographs are being rejected;

     (2) Candidates whose photographs are rejected by the secretary will be allowed to submit a new photograph;

     (3) Replacement photographs must be submitted by the date specified by the secretary.

[]

     (1) Names for publication in the voters pamphlet shall be listed in the order submitted by the committee;

     (2) Each committee member may use up to eight words as a title or identification. "Title or identification" means a formal or informal description of the present or past occupation, role within an organization, educational qualification, or office of an individual, but does not include any expression of opinion or motivation;

     (3) The secretary will make every effort to maintain consistency in form and style for publications;

     (4) State legislators will be identified in the following manner: State representative or state senator, with each title constituting two words;

     (5) State elected officials will be identified as follows: Governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands and insurance commissioner, with each title counting as many words as in that title;

     (6) Additional titles or descriptions may be added to reach the maximum title length; and

     (7) Each committee may submit contact information for inclusion in the voters pamphlet consisting of: A telephone number, an e-mail, and an Internet address which will not count toward the maximum word allowance.

[]

     (a) Arguments for or against measures may contain up to four headings used to highlight major points in the argument and will not count toward the maximum word count set for arguments;

     (b) The initial four headings may not exceed fifteen words for each heading;

     (c) Additional headings may be used after the initial four headings in an argument, which will count toward the maximum word count of the argument;

     (d) Photographs or charts may be used in candidate statements or arguments substituting fifty words from the statement or argument for each square inch used by the photograph or chart. This subsection does not apply to the photographs submitted pursuant to WAC 434-381-130 (size and quality of photographs).

     (2) Statements and arguments submitted to the secretary of state shall be printed in a format that in the opinion of the secretary will provide the best reproduction.

     (a) Statements and arguments will be typeset in a standard font without the use of boldface or underlining;

     (b) Italics may be used to add emphasis to statements or arguments;

     (c) Argument headings will be typeset entirely in boldface capital letters.

[]

     (1) The secretary may correct obvious errors in grammar, spelling or punctuation;

     (2) The secretary shall promptly attempt to notify any candidate or committee, by any means the secretary deems reasonable under the circumstances, if a statement or argument exceeds the maximum number of words. If the candidate or committee does not provide the secretary with a revised statement or argument that does not exceed the limit within three business days after the deadline for submission of the statement or argument, then the secretary shall modify the statement to fit the limit by removing words or sentences, starting at the end, until the maximum word limit is reached. More words than necessary to achieve the maximum word limit may be removed by the secretary so that the statement or argument ends in a complete sentence;

     (3) The secretary shall notify any committee that submits a title or identification for their members that does not conform to WAC 434-381-160(2). If the committee does not provide the secretary with a revised title that meets the requirements established in WAC 434-381-160(2) within three business days, the secretary shall publish the name without any title or identification;

     (4) Prior to publishing the pamphlet the secretary shall make a reasonable effort to provide a proof copy to the candidate or committee as it will appear showing any changes to the statement or argument; and

     (5) After submission of the statement or argument to the secretary, candidates or committees may only correct obvious errors or inaccuracies discovered in their own proof copy. Changes in content are not allowed.

[]

     (2) Prior to final printing of the voters pamphlet a responsible employee of the office of the secretary of state will review complete "camera ready" copies of each edition of the voters pamphlet;

     (3) Language shall be placed into contracts, with the office of the secretary of state to produce the voters pamphlet, to certify that those providing content materials for the voters pamphlet are not candidates for public office and those individuals will not run for public office while their materials are being used in a state or local pamphlet produced in conjunction with the state voters pamphlet.

[]

     The following sections of the Washington Administrative Code are repealed:

WAC 434-381-010	Committees to write arguments for and against constitutional amendments, referendum bills, and alternatives to initiatives to the legislature.
WAC 434-381-020	Committees to write arguments for and against initiatives, initiatives to the legislature, and referendum measures.
WAC 434-381-030	Additional members on committees to draft arguments for the voters pamphlets.
WAC 434-381-040	Selection of a chairperson for committees to draft arguments for or against measures appearing in the voters pamphlet.
WAC 434-381-050	Advisory committees.
WAC 434-381-060	Length of statements and rebuttals.
WAC 434-381-070	Restrictions on the style of statements in the voters pamphlets.
WAC 434-381-080	Submission of statements and rebuttals.
WAC 434-381-090	Rejection of statements for the voters pamphlet.
WAC 434-381-100	Editing of statements for the voters pamphlet.

© Washington State Code Reviser's Office