Date of Adoption: October 23, 2001.

     Purpose: To simplify and streamline the campaign reporting process for candidates and political committees.

     Citation of Existing Rules Affected by this Order: Repealing WAC 390-16-120 and 390-16-155; and amending WAC 390-16-115 and 390-16-125.

     Statutory Authority for Adoption: RCW 42.17.370 and 42.17.690.

      Adopted under notice filed as WSR 01-19-013 on September 10, 2001.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 2.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 2.
     Effective Date of Rule: January 1, 2002.

October 31, 2001

Vicki Rippie

Executive Director

OTS-5154.3

AMENDATORY SECTION(Amending WSR 89-20-068, filed 10/4/89, effective 11/4/89)

WAC 390-16-115   ((Abbreviated)) Mini campaign reporting -- Conditions for granting use.   The exemptions allowed in WAC 390-16-105 shall be granted to a candidate or political committee, including a continuing political committee, only upon compliance with the following conditions.

     (1) ((The)) A candidate ((or political committee must)) shall, within fourteen days of ((the time of organization, or of receipt of contributions or the making of expenditures, or of reservation of space or facilities with intent to promote or oppose a candidacy for office or with intent to promote or oppose a ballot proposition, whichever comes first, file the C-1 or C-1pc registration statement with the commission and the county elections office. The statement shall declare that the candidate or political committee will not exceed the expenditure limits set out in WAC 390-16-105)) first:

     (a) Receiving contributions, making expenditures, reserving space or facilities or purchasing commercial advertising space or broadcast time to promote his or her candidacy;

     (b) Giving his or her consent to another person to take on behalf of the candidate any of the action in (a) of this subsection; or

     (c) Announcing publicly or filing a declaration of candidacy with the appropriate elections official,

file the C-1 registration statement with the commission and his or her county elections office. The statement must declare that the candidate will not exceed the contribution or expenditure limits set out in WAC 390-16-105.

     (2) A political committee shall, within fourteen days after its organization or after the date when it first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier, file the C-1pc registration statement with the commission and with the appropriate county elections office as specified below:

     (a) For a political committee, the elections office of the county in which the treasurer resides, unless the treasurer resides out-of-state, in which case the elections office of Thurston County; or

     (b) For a continuing political committee, the elections office of the county in which the committee's in-state office or headquarters is located; if there is no in-state office or headquarters, the elections office of the county in which the committee treasurer resides, unless the treasurer resides out-of-state, in which case the elections office of Thurston County.

     (3) The statement filed under subsection (2) of this section shall declare that the political committee will not exceed the contribution or expenditure limits set out in WAC 390-16-105.

     (4) In addition to complying with subsections (2) and (3) of this section, a continuing political committee shall also file a C-1pc between January 1 and January 31 for each year in which the committee intends to use the mini reporting system. Failure to file a new registration statement during January will automatically terminate the committee's entitlement to use the mini reporting system until such time as a new C-1pc is filed.

     (((2) The)) (5) A candidate or political committee ((must, throughout the ensuing election campaign,)) shall keep current records in sufficient detail to allow the candidate or political committee to make reports otherwise required by RCW 42.17.040 through 42.17.090 in the event that the filing of such reports becomes necessary as a result of exceeding the contribution ((and)) or expenditure limitation((,)) pursuant to ((subsequent permission of the commission)) the provisions of WAC 390-16-125.

     (((3) The)) (6) A candidate or political committee treasurer shall, during the eight days immediately preceding the date of the election, maintain records of contributions and expenditures current within one business day. These records shall be open for public inspection during the hours designated on the registration statement at the principal campaign headquarters or, if there is no campaign headquarters, at ((the)) a local address of the campaign treasurer or such other place as may be authorized by the commission.

     (((4))) (7) The records of contributions and expenditures shall be ((open to)) available for audit or examination by representatives of the public disclosure commission at any time upon request from the commission.

[Statutory Authority: RCW 42.17.370. 89-20-068, § 390-16-115, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-115, filed 2/5/86; 82-14-016 (Order 82-04), § 390-16-115, filed 6/28/82; Order 62, § 390-16-115, filed 8/26/75.]

     (1) If the application is made more than thirty days prior to the date of the election, the application will be considered approved without further action by the commission if the person making application submits:

     (a) A PDC form C-1 or C-1pc indicating the intention of using the full reporting system provided by RCW 42.17.040 - 42.17.090;

     (b) A PDC form C-3 and form C-4 with appropriate Schedules disclosing all contributions and expenditures reportable under RCW 42.17.090 for the election campaign or in the case of continuing political committees for the calendar year.

     (c) A statement affirming that all known candidates for the office being sought have been notified personally of the application stating the manner and date of such notification. In the case of a ballot proposition, the statement shall affirm that the committee treasurer of all committees identifiable from the records of the county elections officer or public disclosure commission to be opposing or supporting the proposition have been notified personally of the application stating the manner and date of such notification.

     (2) If the application is made within thirty days of the date of the election, the application shall be approved only by authorization of the commission executive director.

     (a) Prior to such approval being granted, the executive director shall determine that the application contains those documents shown in subsection (1)(a), (b) and (c) above.

     (b) The commission staff shall investigate why the applicable requirements were not complied with in the first instance and whether or not the probability of exceeding such limitations was reasonably foreseeable. If the investigation shows that the declaration by the candidate, committee or other person filed under WAC 390-16-115 was made in good faith and that the probability of exceeding such limitations was not reasonably foreseeable, the executive director will approve the reporting option change conditioned upon full future compliance with all applicable requirements of chapter 42.17 RCW.

     (3) When one candidate or committee on either side of an election campaign has ((applied for permission to exceed the limitations of the exemption)) been approved to change reporting options under subsection (1) above, all other candidates and/or committees may change reporting options by meeting the requirements of subsection (1)(a), (b)(([,])) and (c).

     (4) Any person who knowingly or negligently causes or permits the limitations specified in these regulations to be exceeded shall be deemed to have violated the applicable provisions of RCW 42.17.040 - 42.17.090.

[Statutory Authority: RCW 42.17.370. 92-18-002, § 390-16-125, filed 8/20/92, effective 9/20/92; 92-05-079, § 390-16-125, filed 2/18/92, effective 3/20/92; 90-16-083, § 390-16-125, filed 7/31/90, effective 8/31/90; 89-20-068, § 390-16-125, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-125, filed 2/5/86; Order 91, § 390-16-125, filed 7/22/77; Order 67, § 390-16-125, filed 1/16/76; Order 62, § 390-16-125, filed 8/26/75.]

     The following sections of the Washington Administrative Code are repealed:

WAC 390-16-120	Abbreviated campaign reporting -- Times and place for filing reports C-1, C-1pc and C-4abb.
WAC 390-16-155	Mini campaign reporting -- Exceeding limitations.

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