Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 390-19-020 Electronic filing -- Mandatory filing, procedures for electronic filing of campaign finance disclosure forms. The rule amendment to WAC 390-19-020 on electronic filing is to allow for the option of electronic filing of PDC forms C-1 Registration statement for candidates and C-1pc Registration statement for political committees.

     Citation of Existing Rules Affected by this Order: Amending WAC 390-19-020 Electronic filing -- Mandatory filing.

     Statutory Authority for Adoption: RCW 42.17.370(1).

      Adopted under notice filed as WSR 10-01-144 on December 21, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 28, 2010.

Douglas J. Ellis

Assistant Director

OTS-2765.3

AMENDATORY SECTION(Amending WSR 09-02-021, filed 12/30/08, effective 1/30/09)

WAC 390-19-020   Electronic filing -- Mandatory filing.   (1) RCW 42.17.3691 mandates that persons satisfying the qualifying criteria in that section file all contribution and expenditure reports by electronic means.

     (2) Persons filing by electronic means shall register with the PDC and receive a filer identification number and password. Filers must have a current C-1 Candidate Registration Statement or a C-1pc Committee Registration Statement ((with)) and an original signature on file with the PDC prior to receiving a filer identification number. ((Forms C-1 and C-1pc may not be filed electronically.))

     (3) A filer subject to RCW 42.17.3691 shall file all PDC C-3 and C-4 reports and all appropriate schedules electronically in compliance with subsection (5) of this section.

     (4) Any filer required to file electronically, but who files on paper, is in violation of RCW 42.17.3691 and may be subject to enforcement action unless the filer is a candidate who has sought and been granted an exception from electronic filing under WAC 390-19-050.

     (5) A filer subject to electronic filing shall file reports using one of the following:

     (a) The ORCA software (Online Reporting of Campaign Activity) provided free-of-charge by the PDC; or

     (b) ((Software that creates electronic files that conform to the Political Disclosure Standard Electronic Reporting Format provided by the PDC; or

     (c))) Any other electronic filing application provided or approved by the PDC.

[Statutory Authority: RCW 42.17.370. 09-02-021, § 390-19-020, filed 12/30/08, effective 1/30/09; 01-22-052, § 390-19-020, filed 10/31/01, effective 1/1/02.]

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