Secretary of State seeks clarification from superior court on filing order for broadband bills

OLYMPIA–Secretary of State Kim Wyman is seeking clarification from Thurston County Superior Court about the order in which two acts signed into law simultaneously by Gov. Jay Inslee should be filed.

The two acts in question are Engrossed Substitute House Bill 1336 and Second Substitute Senate Bill 5383, both of which were signed simultaneously by the governor on May 13 according to his office. Under RCW 44.22.020, the secretary of state is charged with numbering bills in the order in which they become law. Since the governor signed both bills at the same time–one with his right hand and the other with his left hand–they became law at the same moment, leaving the Secretary without a basis under law to determine the order in which the bills should be filed.

The order in which bills are filed could have a substantive impact on the validity of certain provisions in each bill, a determination Wyman believes exceeds her ministerial authority as filing officer for the acts.

“Having two bills signed at the exact same time is to our knowledge unprecedented. This is why we are seeking the court’s guidance, as the order in which these acts are filed could affect the substance of the legislation–a responsibility that exceeds the authority of this office,” said Wyman.

The Office of the Secretary of State filed a petition seeking clarification from Thurston County Superior Court on May 18. The Secretary will seek expedited resolution of this issue by the court.

Washington’s Office of the Secretary of State oversees a number of areas within state government, including managing state elections, registering corporations and charities, and governing the use of the state flag and state seal. The office also manages the State Archives and the State Library, documents extraordinary stories in Washington’s history through Legacy Washington, oversees the Combined Fund Drive for charitable giving by state employees, and administers the state’s Address Confidentiality Program to help protect survivors of crime.