S-3558.3  _______________________________________________

                         SENATE BILL 6274

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Patterson, Wojahn and Winsley

Read first time 01/12/2000.  Referred to Committee on State & Local Government.

Harmonizing procedures for replacement absentee and mail ballots.

    AN ACT Relating to replacement ballots; amending RCW 29.36.124; and adding a new section to chapter 29.36 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 29.36 RCW to read as follows:

    The county auditor may issue replacement absentee ballots to a voter who both:

    (1) Requested an absentee ballot before election day; and

    (2) Did not receive the absentee ballot or whose absentee ballot was damaged, lost, or destroyed.

    A voter may request a replacement absentee ballot in person, by mail, by telephone, or by other electronic transmission for himself or herself and for any member of his or her immediate family.  The request must be received by the auditor before 8:00 p.m. on election day.

    The county auditor shall maintain a record of each replacement ballot issued, including the date of the request.  Replacement absentee ballots may be counted in the final tabulation of ballots only if the original ballot is not received by the county auditor and the replacement ballot meets all requirements for tabulation necessary for the tabulation of regular absentee ballots.

    Sec. 2.  RCW 29.36.124 and 1983 1st ex.s. c 71 s 3 are each amended to read as follows:

    (1) If a county auditor conducts an election by mail, the county auditor shall designate ((the county auditor's office or a central location in the district in which the election is conducted as the single place to obtain a replacement ballot.  The county auditor also shall designate)) one or more places for the deposit of ballots not returned by mail.  The places designated under this section shall be open on the date of the election for a period of thirteen hours, beginning at 7:00 a.m. and ending at 8:00 p.m.

    (2) A registered voter may obtain a replacement ballot as provided in this subsection if the ballot is destroyed, ((spoiled)) damaged, lost, or not received by the voter.  ((A registered voter seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received and shall present the statement to the county auditor no later than the day of the election.  Each spoiled ballot must be returned to the county auditor before a new one is issued.))  A voter may request a replacement mail ballot in person, by mail, by telephone, or by other electronic transmission for himself or herself and for any member of his or her immediate family.  The request must be received by the auditor before 8:00 p.m. on election day.  The county auditor shall keep a record of each replacement ballot ((provided under this subsection)) issued, including the date of the request.  Replacement mail ballots may be counted in the final tabulation of ballots only if the original ballot is not received by the county auditor and the replacement ballot meets all requirements for tabulation necessary for the tabulation of regular mail ballots.

                            --- END ---