Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1983 NO. 11 >

In providing the state central committee of each major political party with a duplicate copy of the master state‑wide computer tape or data file of registered voters ". . . at actual duplication costs, . . ." as required by RCW 29.04.160, the Secretary of State may not include in the charge the amounts his office was required to pay each county, in accordance with RCW 29.04.150, for a duplicate computer tape or data file of its records of registered voters in that county.

AGO 1974 NO. 12 >

(1) In view of a recent ruling by the United States Supreme Court with respect to the constitutionality of filing fees in the case of indigent persons seeking to become candidates for public office, the requirements of RCW 29.18.050 are no longer constitutionally enforceable with respect to candidates for office in the state of Washington who wish to file for public office but who are unable to pay the filing fees prescribed by that statute. (2) The secretary of state has the authority under RCW 29.24.080 to adopt a rule or regulation requiring any candidate claiming to be unable to pay the fee required by RCW 29.18.050 for the particular office he is seeking to execute and file with his declaration of candidacy a supplemental affidavit attesting to that fact.

AGO 1992 NO. 12 >

When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district.  Candidates for that election must be residents of the new district as required by RCW 42.04.020.

AGO 1996 NO. 14 >

1.  Election officials may accept, as an application for permanent voter registration in the state of Washington, the Federal Post Card Application (FPCA) form developed by the federal government under the Uniformed and Overseas Citizens Absentee Voting Act; acceptance of the form is not mandatory, and the Secretary of State may adopt reasonable regulations governing voter registration requirements  2.  The Federal Post Card Application (FPCA) form may be treated by election officials as an application for ongoing absentee voter status as set forth in RCW 29.36.013. 3.  The Secretary of State can prescribe reasonable regulations and policies on the forms used and the information included for voter registration purposes in Washington.

AGLO 1980 NO. 14 >

(1) It is no longer a function of the secretary of state's office to collect, sort, or systematize statistics relating to agriculture, immigration, labor, manufacturing, mining and other related subjects in order to prepare and publish either a biennial statistical report to the legislature or a "comprehensive report" aimed, generally, at attracting tourists or business activities to the state; however, the secretary of state, as ex officio commissioner of statistics, may continue to seek and collect such statistics for whatever other legitimate public purposes, in unpublished form, they serve and, so long as he does not do so for the purpose of publication at state expense, he may also prepare tables, with narrative abstracts, of such statistics to the extent that the preparation of such tables and narrative abstracts is reasonably necessary in order to effectuate the legitimate public purpose for which the statistics have been collected.

AGLO 1978 NO. 14 >

Under the provisions of RCW 23A.40.075 and related statutes, the Secretary of State does not have the legal authority to exercise discretion and restore the privilege of doing business to a corporation which has failed to acquire an annual license fee for three years and which has failed to reinstate within the following two years.

AGLO 1974 NO. 22 >

Where during a legislative session and prior to the general adjournment thereof a bill not subject to referendum and bearing an immediate effective date is partially vetoed by the governor, the remainder of the bill takes effect immediately and the secretary of state is required to record it and assign it a chapter number under RCW 44.20.020.

AGO 1971 NO. 24 >

The secretary of state may not, by the adoption of a rule or regulation, cause the names and addresses of registered voters signing nominating certificates at minor party conventions to become confidential information not open to general public inspection.

AGO 1983 NO. 30 >

(1) The earliest date upon which the Secretary of State may send a notice of delinquency to a corporation failing to pay its annual license fee is the first day of delinquency; i.e., the day following the last day permitted for timely payment. (2) The minimum amount of time which must elapse before the Secretary of State is to administratively dissolve the corporation for nonpayment of its annual license fee is a period of sixty-five days from the date of mailing the notice of delinquency referred to in RCW 23A.28.125.

AGLO 1976 NO. 32 >

The secretary of state would not be legally justified in refusing to perform the new duties imposed upon his office by chapter 46, Laws of 1975-76, 2nd Ex. Sess., merely because the legislature failed to make a specific appropriation to fund the performance of those duties.