16-11-038  

  • WSR 16-11-038
    PERMANENT RULES
    SECRETARY OF STATE
    [Filed May 11, 2016, 8:37 a.m., effective May 11, 2016]
    Effective Date of Rule: May 11, 2016.
    Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The effective date is expedited under provision of RCW 34.05.380 (3)(c) because an earlier effective date is imminently necessary for the orderly and timely administration of an upcoming election. WAC 434-219-290 relates to the certification time period for the presidential primary conducted under chapter 29A.56 RCW. This rule was recently changed to remove four days from the certification time period. After adoption of the previous rule some county election departments expressed that the additional four days of certification time is required for election processes. This expedited effective date is required to timely clarify that county election departments will have fourteen days, rather than ten, to certify their presidential primary results. The expedited effective date is therefore necessary to preserve the welfare of the state. The affected organizations have been notified of the change directly, and will be notified directly of this filing as well.
    Purpose: Rule change necessary to update and clarify procedure.
    Citation of Existing Rules Affected by this Order: Amending WAC 434-219-290.
    Statutory Authority for Adoption: RCW 29A.04.611 and 29A.04.620.
    Adopted under notice filed as WSR 16-08-021 on March 29, 2016.
    Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
    Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
    Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
    Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
    Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
    Date Adopted: May 11, 2016.
    Mark Neary
    Assistant Secretary
    of State
    AMENDATORY SECTION (Amending WSR 15-24-001, filed 11/18/15, effective 12/19/15)
    WAC 434-219-290 Certification of presidential primary by secretary of state.
    County canvassing boards shall certify the results of the presidential primary ((ten)) fourteen days following the primary. The county auditor shall transmit the returns to the secretary of state immediately. Not later than seventeen days following the presidential primary, the secretary of state shall certify the results of the presidential primary and notify the candidates and the chairperson of the national and state committees of each major political party of the votes cast for all candidates listed on the ballot.

Document Information

Effective Date:
5/11/2016