Provisional

Balloting

Provisional

Balloting

Author:

James A. Palmer

School of Public and Environmental

Affairs

Indiana University

Managed and Edited by:

William C. Kimberling

Margaret Sims

Brian Hancock

Office of Election Administration

Published by:

Office of Election Administration

Federal Election Commission

Washington, D.C. 20463

August 2003
Introduction by the

Office of Election

Administration

This report is another in the series on Innovations in Election Administration being

published by the FEC's Office of Election Administration.

The purpose of this series is to acquaint State and local election officials with innovative

election procedures and technologies that have been successfully implemented by their

colleagues around the country.

Our reports on these innovations do not necessarily constitute an endorsement by the

Federal Election Commission either of any specific procedures described or of any vendors,

suppliers, or products that might be identified in the report. Moreover, the views and

opinions expressed in these reports are those of the author and are not necessarily shared

by the Federal Election Commission or any division thereof.

We welcome your comments on these reports as well as any suggestions you may have for

future topics. You may mail these to us at:

Office of Election Administration

Federal Election Commission

999 E. Street, N.W.

Washington, D.C. 20463

or else contact us

Direct on 202/694-1095

Toll free on 800/424-9530

By FAX on 202/219-8500

u
Provisional

Balloting

This is a report on State laws and practices

concerning provisional voting in the United

States that were implemented prior to the

provisional voting requirements of the "Help

America Vote Act of 2002", Public Law No.

107-252. The purpose of the study is to provide States and localities with sufficient

information about provisional balloting

procedures so that they may implement such

a system appropriate to their own circumstances. Because this study was conducted

prior to the Help America Vote Act, not all of

the procedures described meet the requirements of that statute.

The contents of the report include:

• A description of the terminology used,

endorsements of the process, and the

applicable provisions in the "Help

America Vote Act of 2002".

• The identification of the objectives for

provisional voting systems and the

perceived degree of effectiveness in

meeting those objectives.

• A description of the provisional voting systems in operation in the United

States, including the major variations

in such systems.

• The presentation of the various approaches among the States to the

performance of key functions of a

provisional voting system: (1) issuing provisional ballots, including

eligibility requirements, (2) voting

provisional ballots, (3) verifying and

counting provisional ballots, and (4)

post-election follow-up.

• The types of guidance recommended

for polling-place personnel to ensure

efficient election-day provisional

voting system operation.

• The identification of special costs

associated with provisional voting.

• Advice for States considering the

adoption of a provisional voting

system.

The remainder of the report comprises four

appendices containing exhibits or samples

of provisional voting-related materials in

use in a variety of State and local jurisdictions in the United States. These exhibits

are offered to demonstrate different possibilities in the design and content of notices, ballots, envelopes, guidelines, and

procedures associated with the operation
of a provisional voting system; they are not

intended as models or exemplars to be slavishly copied, although many of the exhibits

are indeed remarkable.

Terminology

There are various names for the voting

procedure and related ballots that have

been employed for voters whose names do

not appear on the voter-registration list at

the polling place or whose qualifications to

vote are questioned on election day but who

nevertheless are permitted to vote a special

ballot. This special ballot is then counted after election day only if the voter's eligibility

to vote is verified. The most common names

for the special ballot are provisional voting

and provisional ballots, but other names

include: questioned ballot, ballot to be verified, challenge or challenged ballot, affidavit

ballot, emergency paper ballot, escrow ballot, provisional vote or ballot, and, of course,

special ballot. See Table 1 (opposite) for a

State-by-State presentation of provisionalballot nomenclature (with statutory source

information).

In some States, the statutory names for the

ballot have been changed through common

usage by State and local election officials.

For example, in South Carolina, what is

described as a "provisional ballot" in one

statute is in practice called a "fail-safe" ballot, while what is called a "provisional vote"

or provisional ballot" in another statute is

referred to as a "challenge ballot."

What all of these State laws with their different names for the voting procedure and

ballot are referring to and have in common

is conditional voting, which usually is referred to as provisional voting. The validity

of a ballot that is provisional is subject to or

dependent upon a post-election verification

or confirmation of the voter's right to have

voted on election day.

Universal Endorsement of

Provisional Voting

The use of provisional voting was endorsed

by many election-reform study groups and

election officials as an appropriate response

to the problem of voting by persons whose

names do not appear on the official registration list for a polling place but who claim

to be eligible voters. The recommendations

of these groups and officials are reported

below:

1. CalTech/MIT Voting Technology Project,

Voting—What Is, What Could Be (2001):

Counties should use provisional ballots

aggressively when there are registration

problems.

2. Common Cause, 2001 Common Cause

Election Reform Report Card (2001): Each

State should have a provisional balloting

requirement.

3. The Constitution Project, Building Consensus on Election Reform (2001):

• To protect the rights of voters, Congress

should provide, at least as a condition for

federal grants, for universal adoption in

federal elections of provisional ballots.

• In the event that registration questions

cannot be promptly resolved on election

day, voters, at a minimum, should have
TABLE 1. PROVISIONAL VOTING NOMENCLATURE

State

Alaska

Arizona

Arkansas

California

Colorado

District of

Columbia

Florida

Georgia

Hawaii

Indiana

Iowa

Kansas

Maine

Maryland

Massachusetts

Michigan

Mississippi

Missouri

Nebraska

New Jersey

New Mexico

New York

North Carolina

Ohio

Oregon

South Carolina

Utah

Virginia

Washington

West Virginia

Wyoming

Ballot Name (Legal Source)

Questioned ballot (Alaska Stat. §§ 15.07.010, 15.07.090, 15.15.198 & 15.15.225)

Ballot to be verified (Ariz. Rev. Stat. §§ 16-135, 16-513 & 16-584)

Challenged ballot (Ark. Code Ann. §§ 7-5-306, 7-5-312 & 7-7-308)

Provisional ballot (Cal. Elect. Code § 14310)

Provisional ballot (Colo. Rev. Stat. § 1-9-301)

Special ballot (D.C. Code Ann. § 1-1001.07); challenged ballot

(D.C. Code Ann. § 1-1001.09); special ballot (a combined special/challenged ballot

created by municipal regulation) (D.C. Mun. Regs. tit. 3, § 721.1)

Provisional ballot (Fla. Stat. § 101.048)

Provisional ballot (eff. 10/1/02) (Ga. Code Ann. § 21-2-418); challenged ballot

(Ga. Code Ann. §21-2-230)

Challenged ballot (Haw. Rev. Stat. § 11-25; Haw. Admin. Rules ch. 2-51)

Provisional ballot (effective 1/1/04) (Ind. Code art. 3-11.7)

Special ballot (Iowa Code § 49.81)

Provisional ballot (and a "challenged ballot" as well according to the Secretary of State)

(Kan. Stat. Ann. §§ 25-409, 25-414, 25-1136, 25-1337, 25-2316c & 25-2353)

Challenged ballot (Me. Rev. Stat. Ann. tit. 21, § 673)

Provisional ballot (Md. Ann. Code tit. 33, § 3-601)

Escrow or challenged ballot (Mass. Ann. Laws ch. 51, § 59A; ch. 53, § 109; ch. 54,

§§ 35A, 35B, 76B & 85)

Challenged ballot (Mich. Comp. Laws Ann. §§ 168.509y, 168.727, 168.745 & 168.769)

Affidavit ballot (Miss. Code Ann. §§ 23-15-13 & 23-15-573)

Provisional ballot (eff. 8/28/02) (S.B. 675, § 1, 91st Gen. Assem., 2nd Reg. Sess.

(Mo. 2002)

Conditional ballot (Neb. Rev. Stat. § 32-915); provisional ballot

(Neb. Rev. Stat. § 32-914.03)

Provisional ballot (N.J. Stat. Ann. §§ 19:31-11 & 19:53C-3)

Emergency paper ballot ("fail-safe ballot")

(N.M. Stat. Ann. § 1-5-12 & N.M. Admin. Code tit. 1, § 10.3.8)

Affidavit ballot (N.Y. Elect. Law § 8-302)

Provisional ballot (N.C. Gen. Stat. § 163-82.15 & N.C. Admin. Code tit. 08, r. 10B.0103);

challenged ballot (N.C. Gen. Stat. § 163-88.1)

"Provisional ballot" (actually a special-purpose absent voter's ballot)

(Ohio Rev. Code Ann. § 3503.16)

"Provisional ballot" in mail elections (no evident source in State statutes or regulations);

"provisional" ballot in polling-place elections (Or. Rev. Stat. § 254.408); challenged ballot

in polling-place elections (Or. Rev. Stat. § 254.419)

Provisional ballot ("fail-safe ballot") (S.C. Code Ann. § 7-5-440); provisional vote or

provisional ballot ("challenge ballot") (S.C. Code Ann. § 7-13-830)

Provisional ballot (Utah Code Ann. § 20A-3-105.5)

Conditional vote (referred to as a "conditional ballot" by State Board of Elections)

(Va. Code Ann. § 24.2-653)

Special ballot (Wash. Rev. Code § 29.10.220); challenged ballot

(Wash. Rev. Code § 29.10.127)

Provisional ballot or challenged ballot (W. Va. Code §§ 3-1 -41, 3-2-1, 3-2-31 & 3-4-23)

Provisional ballot (Wyo. Stat. Ann. § 22-15-105)
an opportunity to submit provisional

ballots that will constitute their votes

if it is determined that they are qualified.

I A prominent feature of a voter bill of

rights posted at polling places should be

information to voters about their right

to submit provisional ballots.

I If a registration question arises that cannot be resolved on election day, it is good

practice to use the voter's request for a

provisional ballot as a registration application or to offer the voter an opportunity to fill out a registration form, even

as efforts are made to resolve where the

voter is entitled to vote in the election

and at that polling place.

I If provisional ballots are not counted

on election day, election officials should

determine in the days immediately after whether the voter was entitled to

vote and the ballot should be counted.

In making that determination, they

should check relevant records, including motor-vehicle records or records of

other voting registration agencies that

may have failed to transmit registration

information to voter registrars.

IA voter should be informed whether his

or her provisional ballot was counted.

Provisional ballots, used when the name

of a voter does not appear on the register, should be distinguished from ballots

cast by voters who are on the rolls but

whose eligibility is challenged.

4. Federal Election Commission, Implementing the National Voter Registration Act: A

Report to State and Local Election Officials

on Problems and Solutions Discovered, 1995-

1996 (1998):

• States may want to weigh the costs and

benefits of using provisional ballots for

some or all fail-safe voters if they find

the NVRA requirement for affirmation

of current address is insufficient to deter

individuals from voting twice or voting

where they no longer live.

• States considering provisional ballots

should consider (1) clearly defining

when poll workers can use provisional

ballots, (2) requiring local officials to

notify provisional-ballot voters if their

ballot is rejected and the reason for

doing so, and (3) requiring that provisional-ballot voters be notified how to

appeal a rejection of their ballot.

5. Federal Election Commission, Implementing the National Voter Registration Act of

1993: Requirements, Issues, Approaches,

and Examples (1994): The NVRA is silent

on the question of whether registrants voting under the fail-safe provisions may be required to vote a provisional ballot (one that

is subject to subsequent verification before it

is counted). Although it is neither required

nor prohibited by the Act, for reasons of recordkeeping and fraud prevention and for

any subsequent legal inquiries, States may

want to consider employing some form of

provisional-ballot procedure whereby failsafe voters cast their ballots, place them

in a blank sealed envelope, and place that

envelope in a cover envelope which contains

on the outside the written affirmation.
6. The Governor's Select Task Force On Election Procedures, Standards and Technology,

Revitalizing Democracy in Florida (2001):

The Division of Elections should examine

viable options for using provisional ballots

so that voters whose eligibility is in question at the polling place on election day can

submit votes in appropriate races subject to

verification of their eligibility.

7. National Association of Secretaries of

State, State Election Reform Resolutions

(2001): NASS supports the principle that

every eligible voter has absolute and unobstructed access to the voting process.

The format for administering this principle should remain with the States. Those

States whose State law currently does not

allow for some form of provisional voting

should be able to choose from many options

to update their procedures.

8. National Association of State Election Directors, Federal Election Recommendations

(2001): Congress should provide for use of

provisional ballots.

9. National Commission on Election Standards and Reform (NACo/NACREOC),

Report and Recommendations to Improve

America's Election System (2001):

• States should adopt provisional ballots

to be counted after voter eligibility is

confirmed.

• Any person who casts a provisional ballot should receive notification if the ballot is not counted and the reason why.

Anyone whose ballot is not counted

should be automatically registered for

the next election.

10. National Commission on Federal Election Reform, To Assure Pride and Confidence in the Electoral Process (2001): Every State should permit provisional voting

by any voter who claims to be qualified to

vote in that State.

11. National Conference of State Legislatures' Elections Reform Task Force, Voting

in America: Final Report (2001):

• States should provide a uniform

method, by voting system, to allow

voters to cast a provisional ballot at

the polling place if their eligibility

to vote is in question, thus resulting

in the denial of their opportunity to

cast a standard ballot.

• States should have a uniform method to judge and count provisional

ballots.

13. National Task Force on Election Reform (The Election Center), Election 2000:

Review and Recommendations by the

Nation's Elections Administrators (2001):

In the absence of election-day registration

or other solutions to address registration

questions, provisional ballots should be

adopted by all jurisdictions.

14. U.S. Commission on Civil Rights, Voting Irregularities in Florida During the

2000 Presidential Election—Draft Report

(2001): While the newly enacted Florida

legislation provides for a provisional ballot to those whose eligibility cannot be

determined at the precinct where he or

she should be properly registered, the

Florida legislature should enact legislation and/or appropriate administrative
rule promulgation to provide for access to a

provisional ballot in every polling place and

where the voter executes an appropriate affidavit attesting that he or she is legally entitled to vote on election day, even if the voter

mistakenly believes it is the precinct where

he or she should be properly registered.

Provisions of the Help America Vote

Act of 2002

The Help America Vote Act of 2002 (HAVA),

Public Law No. 107-252, which was signed

by the president on October 29, 2002, mandates the use of provisional voting in all federal elections in every State, including the

District of Columbia, the Commonwealth of

Puerto Rico, Guam, American Samoa, and

the United States Virgin Islands, and each

jurisdiction within each State.

Who Must Be Offered Provisional

Ballots.

HAVA sections 302(a) and (c), and 303(b)(2)(b)

require that the following persons be offered

a provisional ballot in elections for federal

office held on and after January 1, 2004:

• Individuals whose names do not appear

on the official list of eligible voters for

the polling place or who an election official asserts are not eligible to vote, if

the individuals declare that they are:

— a registered voter in the jurisdiction

in which they want to vote; and

- eligible to vote in an election for

Federal office.

•Certain first-time voters who registered

by mail and who have not produced one

of the required voter identification documents (or copy of the document if voting

absentee by mail).

• Individuals who vote after the polls

close in an election for Federal office

as a result of a Federal or State court

order or any other order extending the

time established for closing the polls by

a State law in effect 10 days before the

date of that election.

HAVA sections 303(b) and (d) address requirements for first-time voters who registered by mail. Under section 303(b)(2)(b), an

individual who desires to vote in person, but

who does not meet the voter identification

requirements, may cast a provisional ballot.

An individual who desires to vote by mail,

but who does not meet the voter identification requirements, may cast such a ballot by

mail and the ballot must be treated as a provisional ballot. States and jurisdictions are

required to apply these provisions, subject

to the exceptions noted below, in elections

for federal office held on and after January

1, 2004 if:

• the individual registered to vote in

a jurisdiction by mail on or after

January 1, 2003; and

• the individual either:

— has not previously voted in an election for Federal office in the State;

or

- has not previously voted in such an

election in the jurisdiction and the
jurisdiction is located in a State that

does not have a computerized list

that complies with the computerized statewide voter registration list

requirements of the Help America

Vote Act.

An individual meets the voter identification

requirements if the individual:

• in the case of an individual who votes

in person:

- presents to the appropriate State or

local election official a current and

valid photo identification; or

- presents to the appropriate State

or local election official a copy of a

current utility bill, bank statement,

government check, paycheck, or

other government document that

shows the name and address of the

voter; or

• in the case of an individual who votes

by mail, submits with the ballot:

- a copy of a current and valid photo

identification; or

- a copy of a current utility bill, bank

statement, government check, paycheck, or other government document that shows the name and address of the voter.

The voter identification requirements for

first-time voters who registered by mail do

not apply to persons:

• who registered to vote by mail in accordance with the mail registration

provisions of section 6 of the National

Voter Registration Act of 1993 (42

U.S.C. 1973gg 4) and submitted as

part of such registration either -

- a copy of a current and valid photo

identification; or

- a copy of a current utility bill, bank

statement, government check, paycheck, or government document that

shows the name and address of the

voter;

who registered to vote by mail under

section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg

4) and -

- submitted with such registration either a driver's license number or at

least the last 4 digits of the individual's social security number; and

-with respect to whom a State or local

election official matches the information submitted with an existing

State identification record bearing

the same number, name and date of

birth as provided in such registration; or

who are:

- entitled to vote by absentee ballot

under the Uniformed and Overseas

Citizens Absentee Voting Act (42

U.S.C. 1973ff 1 et seq.);

- provided the right to vote otherwise than in person under section

3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped

Act (42 U.S.C. 1973ee l(b)(2)(B)(ii));

or
— entitled to vote otherwise than in

person under any other Federal law.

Provisional Voting Procedures

HAVA sections 302(a)(l) through (5)(A)

and 302(c) require the following procedures

for provisional ballots:

• An election official at the polling place

must notify the individual that the individual may cast a provisional ballot

in that election.

• The individual must be permitted to

cast a provisional ballot at that polling

place upon the execution of a written

affirmation by the individual before

an election official at the polling place

stating that the individual is—

— a registered voter in the jurisdiction

in which the individual desires to

vote; and

— eligible to vote in that election.

• At the time that an individual casts

a provisional ballot, the appropriate

State or local election official must

give the individual written information that states that any individual

who casts a provisional ballot will be

able to ascertain under a free access

system whether the vote was counted,

and, if the vote was not counted, the

reason that the vote was not counted.

• Provisional ballots cast as a result of

an order extending the time for closing

the polls must be separated and held

apart from other provisional ballots

cast by those not affected by the order.

• An election official at the polling place

is required to transmit provisional

ballots, or the voter information contained in the written affirmations

executed by the individuals who voted

provisional ballots, to an appropriate State or local election official for

prompt verification.

• If the appropriate State or local election official to whom the ballot or voter

information is transmitted determines

that the individual is eligible under

State law to vote, the individual's

provisional ballot must be counted as

a vote in that election in accordance

with State law.

HAVA section 302(a)(5)(B) indicates that

States that are exempt from implementing

the National Voter Registration Act of 1993,

as described in section 4(b) of that Act (42

U.S.C. 1973gg 2(b)), may meet the provisional voting requirements for individuals whose

names do not appear on the list of eligible

voters by using voter registration procedures

established under applicable State law

Free Access System for Provisional

Voters.

HAVA section 302 (a)(5)(B) requires that the

appropriate State or local election official to

provide ballot-disposition information to

provisional voters by:

• establishing a free access system (such as

a toll-free telephone number or an Internet

website) that any individual who casts a

provisional ballot may access to discover

whether the vote of that individual was

counted, and, if the vote was not counted,

the reason that the vote was not counted.

8
• restricting access to information about an

individual provisional ballot to the individual

who cast the ballot.

• establishing and maintaining reasonable

procedures necessary to protect the security,

confidentiality, and integrity of personal information collected, stored, or otherwise used

by the free access system.

Voter Information on Provisional

Voting

HAVA section 302(b) requires the appropriate State or local election official to cause

voting information, including instructions on

how to cast a provisional ballot and general

information on the right of an individual to

cast a provisional ballot, to be publicly posted

at each polling place on the day of each election for federal office.

State Options in

Provisional Voting

Administering

HAVA section 304 notes that the requirements listed above are minimum requirements and do not prevent a State from

establishing administration requirements

that are stricter than the requirements

established under this title, so long as such

State requirements are not inconsistent with

the HAVA requirements or any of the following laws:

• The Voting Rights Act of 1965;

• The Voting Accessibility for the Elderly and Handicapped Act;

• The Uniformed and Overseas Citizens

Absentee Voting Act;

• The National Voter Registration Act

of 1993;

• The Americans with Disabilities Act

of 1990; and

• The Rehabilitation Act of 1973.

HAVA section 305 also states that the

specific choices on the methods of complying with the requirements are left to the

discretion of the States. Taken together,

these sections provide States some leeway

in administering provisional voting.

The Objectives and

Effectiveness of

Provisional Voting

Provisional voting States have identified a

number of objectives served by providing a

provisional-ballot alternative at the polling

place, but the almost universal objective

for these programs is: ensure that everyone

has a chance to vote. This option permits

all citizens who are attempting to perform

their civic duty to vote and who consider

themselves qualified to vote the opportunity to participate in an election and not

believe they have been disfranchised even

though it may be determined or confirmed

after election day that their vote cannot be

counted. Provisional voting allows everyone to "feel good" about the voting process.

The citizen gets to vote; the poll worker

doesn't have to disappoint anyone.

By giving everyone the chance to vote, provisional voting achieves a related objective:

reduce confrontation and unpleasantness

at the polling place. Individuals who have

made the effort, often at some personal

expense, and have waited expectantly to

vote will not be pleased to learn their name

is not on the polling-place list of registered

voters or that some other disqualifying circumstance will deny them the opportunity

to vote at that polling place. Poll workers

may be subjected to an angry response,

harassment, or threat from disappointed

citizens. The ability to employ provisional

voting in these circumstances lessens the

likelihood of any confrontation and disruption of the voting process even though the

provisional voter understands that a orovisional ballot may not be counted.

A third objective that this voting option

fulfills is: make voter-eligibility decisions

based on a thorough review of available information. Deferring a decision about voter

eligibility to another day gives election-office staff with more resources and expertise

than polling-place personnel sufficient time

to investigate the qualifications of each

provisional voter. Based on an assessment

of the information provided by the voter

(and perhaps polling-place personnel) and

available in the manual and computerized records of the election-office or other

agencies (such as the motor vehicle department), the election-office staff can determine with greater certainty whether or not

a provisional ballot should be counted.

There are other objectives that may be served

by a provisional voting program. Among the

additional objectives cited by one or more

provisional voting States are:

11
• Correct mistakes or omissions in the

voter-registration or voter-eligibility

status of eligible voters

• Update the voter-registration records

of eligible voters

• Ensure that voters not eligible to vote

in a current election will be able to

vote in future elections

Provisional voting States believe that their

provisional balloting programs are effective

in meeting the objectives set for them. Few

recommendations for improvement of these

programs have been suggested. The major

need for improvement in some States is an

enhanced capability to determine the current registration status of all voters, as would

be provided by an accessible, up-to-date,

computerized Statewide voter-registration

database as required by the Help America

Vote Act.

12
Types of

Provisional Voting

Systems

There are two important variables that may

be used to typify the provisional voting systems operating in the United States prior to

the passage of HAVA:

• Challenge of the voter vs. no challenge

of the voter before a provisional ballot

is issued

• Central election office action to verify

voter eligibility vs. no central election

office action to verify voter eligibility

on election day before a provisional

ballot is issued.

Challenge and Non-Challenge Systems

Provisional voting systems can be differentiated according to how a prospective voter's

eligibility must be questioned at a polling

place before a provisional ballot is issued:

whether the voter's qualification to vote a

regular ballot must be challenged formally

by an authorized challenger who reasonably believes the voter is not qualified or

whether a determination by polling-place

officials, with or without the concurrence

of the central election office, that there is

insufficient evidence of the voter's eligibility to vote a regular ballot is sufficient. A

majority of States with provisional voting do

not require a polling-place challenge, some

States always require a challenge, and some

States require a challenge in some circumstances but not in others, either pursuant

to a single provisional-ballot law or in laws

creating separate types of provisional ballots

(challenge and non-challenge).

Challenge Systems

Achallenge system typically involves a fairly

formal process in which a polling-place official or other authorized challenger who

has a reasonable basis for believing a voter

is ineligible to vote completes an affidavit

containing the grounds for the challenger's

allegation that the voter is not qualified.

There are two variations in challenge systems, although both usually are initiated

for a reason other than the absence of the

voter's name on the polling-place registration list. In the first type, once a prospective

voter's eligibility to vote has been questioned

or challenged, the prospective voter cannot

vote a regular ballot but is automatically entitled to vote by a provisional ballot, usually

called a challenge or challenged ballot. In the

second type, after the challenge, an initial

13
decision is made by one or more polling-place

officials as to the validity of the challenge,

and if the challenge is upheld, the challenged

voter then may elect to vote a provisional

ballot pending subsequent resolution of the

challenged voter's appeal of the adverse polling-place decision. In both variants, a final

decision whether or not to count the ballot

is made after election day by the responsible

local electoral board. The challenged voter is

permitted to appear before the local electoral

board and present evidence in support of the

voter's right to vote.

Non-Challenge Systems

In a typical non-challenge system, the prospective voter's eligibility to vote cannot be

determined immediately at the polling place,

usually because the voter's name is not on

the polling-place registration list, but the

voter insists that he or she is currently registered and entitled to vote. The issuance of

a provisional ballot is automatic if the voter

meets the eligibility criteria (e.g., the voter's

residence is within the geographic limits of

the precinct and the central election office

cannot verify the voter's eligibility after being contacted by a polling-place official); no

formal challenge is initiated. The provisional

ballot is voted upon completion of some written assertion of eligibility by the voter. As in

a challenge system, the decision whether or

not to count the ballot is made after election

day by the local electoral board. The challenged voter may be permitted to appear

before the local board in some jurisdictions;

other jurisdictions either do not afford this

opportunity or do not authorize the presentation of supporting evidence by an attending

challenged voter.

Distinction Without a Difference

The important distinction in jurisdictions

that provide some form of provisional voting

opportunity is not whether or not a challenge

is required to be made before a provisional

ballot is issued but rather what the criteria

are that a prospective voter must meet in

order to be denied a regular ballot and afforded the opportunity to vote by provisional

ballot. While many jurisdictions have elected

to establish a separate non-challenge system

for fail-safe voting via provisional ballot for

prospective voters who have failed to update their voter-registration records after a

change of address or name, others have simply incorporated fail-safe voting into existing

challenge-based systems.

TABLE 2. TYPOLOGY OF STATE PROVISIONAL VOTING LAWS

Type of Law

Challenge Law

Mixed Challenge and Non-Challenge Law

Separate Challenge and Non-Challenge

Laws

Non-Challenge Law

States

Hawaii, Maine, Massachusetts, Michigan, and Wyoming

Iowa, Kansas, Utah, and West Virginia

District of Columbia, Georgia, North Carolina, Oregon, South

Carolina, and Washington

Alaska, Arizona, Arkansas, California, Colorado, Florida, Indiana,

Maryland, Mississippi, Missouri, Nebraska (2 laws), New Jersey,

New Mexico, New York, Ohio, and Virginia

14
Central-Office Verification and

No Central-Office Verification

Systems

Provisional voting systems can also be distinguished by the extent of efforts to verify a

prospective voter's eligibility to vote on election day while the voter awaits a decision at

the polling place.

Election Day Verification by Central

Office

Many States by law or policy require central-office verification on election day. Polling-place officials must telephone the central

election office before issuing a provisional

ballot; only if the election office is unable to

verify the voter's eligibility after a records

check or the polling-place officials are unable

to reach the central office is a provisional

ballot issued to the voter. This procedure

reduces the number of provisional ballots

that are issued and will need to be verified

after election day but increases the workload

for polling-place and central-office staff on

election day. Voters whose eligibility is confirmed are allowed to vote a regular ballot

with assurance that it will be counted; they

will not be required to wonder whether their

provisional ballot will be accepted sometime

after election day.

No Election-Day Verification by

Central Office

A provisional voting system that has no central-office verification relies on an examination of the registration list at the polling place

as the only election-day eligibility check. If

the voter's name is not on the registration

list, the voter is in the correct polling place,

and the voter claims he or she is entitled

to vote, a provisional ballot is offered. This

procedure with an eligibility determination

made only on the basis of the records at the

polling place is more efficient on election day

than the central-office verification approach.

If a prospective voter meets the established

criteria for provisional voting, a provisional

ballot is issued automatically without the additional time and effort involved in telephoning and waiting for a determination from the

central office. This procedure increases the

number of provisional ballots that are issued

and will need to be verified after election day

but reduces the workload for polling-place

and central-office staff on election day. Voters of provisional ballots will not be assured

that their ballots have been counted unless

they attend the meeting of the local electoral

board when provisional ballots are reviewed

and counted or the local election office notifies them subsequently if their ballots have

not been accepted.

15

Issuing

Provisional

Ballots

On election day, the polling-place officials

are responsible for the issuance of provisional ballots to those voters who cannot be

authorized to vote a regular ballot but are

afforded the opportunity upon meeting one

of the statutory criteria to vote a provisional

ballot.

State Variations in Eligibility Criteria

Pre-HAVA provisional voting systems are

characterized most significantly by the

variations in criteria for determining who

will be denied a regular ballot and afforded

an opportunity to vote by provisional ballot.

There are five categories of provisional-ballot

eligibility criteria:

• Absence of voter's name on pollingplace registration list for no specific

reason

• Absence of voter's name on pollingplace registration list for a specific

reason

• Voter whose name is on the registration list is alleged to be unqualified to

vote

• Voter's use of an absentee ballot is

problematic

• Voter is required to vote a provisional

ballot for any other specified reason

(See Appendix F for State Eligibility

Requirements for Provisional Voting)

Voter's Name Not on Registration List

for Any Reason

A common criterion for provisional voting is the absence of the voter's name on

the polling-place list for registered voters

for the particular precinct. The issuance

is automatic if the voter is at the correct

polling place for the precinct of the voter's

residence.

Voter's Name Not on Registration List

for a Specified Reason

Many States permit a registered voter

who is entitled to vote pursuant to the National Voting Rights Act of 1993 ("Fail-Safe

Voting") to vote a provisional ballot, while

other States only require fail-safe voters to

affirm their eligibility as a condition of receiving a regular ballot. The most common

17
example of fail-safe voting is when a registered voter moves to another precinct

within an election jurisdiction without

notifying the voter-registration agency and

appears at the polling place for his new

residence to vote. Voting by provisional

ballot provides time for the local election

office to determine whether the voter also

voted in the polling place for his prior residence and perhaps also to confirm whether

the voter has moved to the new residence

as claimed. Fail-safe voting by provisional

ballot also is common when voter-registration records erroneously indicate that

a registered voter has moved from his or

her precinct or when a voter's registration

status is considered to be "inactive."

There are other reasons for provisional voting by prospective voters whose name does

not appear on the polling-place registration

roster. Fail-safe voting by provisional ballot is afforded in some jurisdictions to (1)

prospective voters who claim to have made

timely application to vote at a designated

voter-registration agency, such as at a State

motor vehicle department facility at the time

of applying for or renewing a driver's license,

(2) registered voters who have changed their

names without notifying the voter-registration agency, and (3) registered voters who

moved to another election jurisdiction within

the State without notifying the voter-registration agency for the county of the new

residence.

Voter Not Qualified to Vote

Challenge systems typically authorize

polling-place officials and official challengers to challenge a prospective voter if

they have grounds to believe the voter is

"unqualified." These allegedly unqualified

voters then may be required to vote a provisional ballot rather than a regular ballot,

and their qualification to vote and have

their ballot counted will not be determined

until after election day. Challenges do not

result in provisional balloting in all States.

In some jurisdictions, the determination of

the polling-place officials that a voter is not

qualified will be sufficient to deny a ballot

of any kind to the voter; in other States, a

challenged voter will be permitted to vote

a regular ballot upon signing an affidavit

that the voter is qualified to vote.

The few States with statutes authorizing

challenges with provisional voting vary in

the degree to which they specify the grounds

for challenging anyone's right to vote. On

one extreme there are no specific grounds

listed; a challenge is initiated against a voter

"known or suspected" to be unqualified. At

the other end of the spectrum, there is an

exclusive listing of acceptable grounds for

making challenges. The specific reasons cited

could include, among others, (1) the voter is

not a U.S. citizen, (2) the voter is not resident of the State, the election jurisdiction, or

the precinct, (3) the voter is not at least 18

years of age, (4) the voter is not the registered

voter under whose name the right to vote

is claimed, (5) the voter is a convicted felon

whose voting rights have not been restored,

(6) the voter has already voted, (7) the voter

presently is incarcerated and was not a resident of the election jurisdiction before being

incarcerated, (8) the voter has not resided in

the State, election jurisdiction, or precinct

for the requisite period of time before the

election, or (9) the voter committed any other

specified violation of the election law.

18
Voter's Problematic Use of an Absentee

Ballot

Several States employ a provisional ballot

when the polling-place registration records

indicate that the voter has been issued an

absentee ballot and, if the absentee ballot is

not returned unvoted at the polling place, it

cannot be determined immediately whether

the absentee ballot has been voted.

Voter Not Eligible to Vote for Any Other

Specified Reason

Individual States have specified a variety of

different specific criteria for deferring votereligibility decisions to after an election and

permitting the use of a provisional ballot on

election day. The following criteria, while not

exclusive, are illustrative of the concerns of

different States as to when the use of provisional voting is appropriate: (1) a registered

voter who appears to vote in a primary claims

the party affiliation listed for the voter is erroneous, (2) a voter-registration confirmation

mailing sent to a voter was not returned or

was returned as undeliverable, (3) a registered voter appeals a challenge decision

made by precinct officials at a polling place,

(4) a registered voter questions the precinct

the voter has been assigned to or the type of

ballot issued to the voter, (5) the signature

of an individual attempting to vote does not

match the signature of the registered voter

with that name in the registration records,

and (6) the voter is determined to be ineligible to vote, either at a particular precinct

polling-place or anywhere, but continues to

claim the right to vote. The last criterion is

not one where subsequent verification efforts

can result in a decision in favor of the voter

but rather is intended solely to avoid a conflict at the polling place.

Communication of Information

About Provisional Voting

A number of States with provisional voting

have required by statute that local election

officials inform voters about the availability

of provisional voting by oral and written

communication, posting signs at the polling

places, and using legal notices in newspapers.

Oral Communication at Polling Place

Polling-place officials in all States inform

eligible voters orally about the availability

of and how to exercise the provisional voting

option; however, oral communication with

the voter about provisional voting is prescribed in only six States: four States require

the eligible voter to be informed about the

availability of the provisional ballot and two

States require that the voter be told about

the post-election meeting of the local electoral board to determine whether provisional

ballots will be accepted and the right of the

voter to attend and present evidence.

Written Communication at Polling

Place

Written communication with voters eligible

to vote by provisional ballot is mandated in

only five States. Depending on the jurisdiction, this written communication may be

accomplished by distributing a separate information sheet to each eligible voter, presenting a single laminated notice to be read

by each eligible voter, or including the information on the provisional voting envelope

given to each eligible voter. These written

notices may provide information about the

voter's right to vote by provisional ballot (or

by court order in New York), the procedure

19
for voting a provisional ballot, or the postelection meeting of the local electoral board

when the provisional ballots will be accepted

or rejected.

Sample voter notices used in two jurisdictions are provided in Appendix A: New York

(Exhibit A-1) and the District of Columbia

(Exhibit A-2).

Polling-Place Signs

The posting of one or more signs at each

polling place concerning the opportunity to

vote by provisional ballot is required in three

States (Arizona, Arkansas, and Florida). The

posted notice may be a separate announcement about provisional voting or may be

included in a listing of voter's rights.

Newspaper Notice

In New Jersey, the legal notice that must

be published in general-circulation newspapers before each general, primary, and school

election by each county board of elections is

required to include information about the

opportunity of eligible voters to vote by provisional ballot.

Automatic vs. Discretionary

Decisions

In most provisional voting States, the decision to issue a provisional ballot at a polling place is automatic with no discretion

involved if the eligibility criteria for denial

of a regular ballot and issuance of the provisional ballot are met. The automatic decision

is implemented at the polling place with no

prior communication with the central election office in two-thirds of the automatic-decision States. In the remaining one-third of

these States, the polling-place officials must

contact the central election office for a determination whether the office can verify that

the questioned voter is eligible to vote. If the

central office cannot confirm that the voter

is a currently registered, valid voter or the

central office cannot be reached by telephone,

then the decision again is automatic: the provisional ballot is issued. There is virtually no

discretionary decisionmaking concerning the

issuance of provisional ballots unless polling-place officials exceed their instructions

and authority. It appears that only one State

vests the decision to issue a provisional ballot

in the discretion of the polling-place officials

and one other State authorizes the central

election office to make that decision.

Poll Worker Tasks: Verify Correct

Precinct and Obtain Voter

Identification and Current Address

It is routine for polling-place officials to ensure that voters whose name does appear on

the precinct registration list are voting at the

correct precinct for their current residence.

Maps and other guidance for determining the

appropriate precinct are available at the polling place in many jurisdictions; elsewhere the

central election office directs the voter to the

correct precinct. If the voter is in the correct

precinct, acceptable evidence of identification

must be produced in most States; however,

only one-half of the provisional voting States

by law require that voter identification must

be presented. Several States require evidence

of the voter's current residence within the

polling-place precinct in addition to evidence

of personal identification.

20
Voter Assertion of Eligibility to Vote

Voters who are afforded an opportunity to

vote a provisional ballot are required (1) to

provide sufficient information to enable or

to at least facilitate the determination of the

voter's eligibility to vote by the local election

office, (2) to assert by the voter's signature

the correctness of the information provided

and the voter's compliance with the applicable election laws, and (3) because failure

to update a voter's registration (or to have

registered at all) is a common reason for

provisional voting, to provide sufficient information to ensure the voter is registered

to vote, if not in the current election, then at

least in future elections.

The assertion and related eligibility information, including voter-registration information, provided by the voter may be called

an affirmation, certificate, oath, declaration,

affidavit, or Statement. Signing a false assertion may subject the voter to criminal

penalties, depending on the jurisdiction. The

voter-registration information also may be

provided by submitting a completed standard

voter-registration application form.

The carrier envelope with a printed format

(and instructions in some States) is the most

common medium for collecting the needed

information about the provisional voter.

Two-thirds of provisional voting States have

elected to include a standard, printed format on the carrier envelope for submitting

the assertion Statement and eligibility and

voter-registration information. States use

carrier envelopes of various sizes with printing on both front and back in some cases to

meet their informational needs. New Jersey

requires the affirmation Statement to be detachable from the envelope after the Statement has been verified (see Exhibit E-7).

Another approach employed by several

States is to use the carrier envelope with

a format for the assertion Statement and

eligibility information and to add the standard voter-registration application form to

be completed by the provisional voter. The

completed voter-registration form must be

attached to the carrier envelope with the

voted provisional ballot. This attachment

usually is accomplished by stapling the

voter-registration form to the carrier envelope in such a manner that the form can

be completed without removing the staple.

Another technique for ensuring that the

carrier envelope and the voter-registration

form remain together is to provide as part

of the envelope a sleeve or pouch into which

the completed voter-registration form may

be inserted.

Sample assertions or affirmations of eligibility to vote, most of which are printed on a

carrier envelope, are provided in Appendix B:

Alaska (Exhibit B-l), Arizona (Exhibit B-2),

California (Exhibit B-3), Iowa (Exhibit B-4),

Maryland (Exhibit B-5), Nebraska (Exhibit

B-6), New Jersey (Exhibit B-7), New York

(Exhibit B-8), North Carolina (Exhibit B-9),

South Carolina (Exhibit B-10), Washington

(Exhibit B-ll), and District of Columbia

(Exhibit B-12).

21

Voting

Provisional

Ballots

There are three important questions that

must be addressed concerning the actual

voting of provisional ballots: (1) the type of

ballot to employed, (2) the type and number

of envelopes to be used to protect and ensure

the secrecy of the ballot, and (3) the type of

container to receive and secure the ballots.

Types of Provisional Ballots

A majority of States use the same paper

ballot or card for provisional voting that is

employed for regular balloting. The remainder of the States prepare special paper ballots for provisional voting. Where statutes

prescribe the form of these special ballots,

the ballots may be required to be identified

as provisional ballots or to be prepared like

absentee ballots. Provisional ballots, both

regular and special, are secured and processed in the same manner; consequently,

there doesn't appear to be any particular

need to produce special ballots for provisional

voting. The District of Columbia avoids the

need for printing special provisional ballots

by marking regular ballots with a "special

ballot" stamp when they are used for provisional voting.

Envelopment of Provisional Ballots

Provisional voting States vary as to how they

secure and protect a voted provisional ballot,

but basically States either use one envelope

or two envelopes. Over two-thirds of the

State use single envelopment only, which is

accomplished by the voter placing the voted

provisional ballot in and sealing the carrier

envelope on which there is the voter's signed

affirmation of eligibility. The remaining

States have opted for double envelopment,

which involves the voter's placement of the

voted ballot in an often unmarked secrecy

envelope or sleeve that is then placed and

sealed within a larger signed-affirmation carrier envelope. Carrier envelopes are required

to be color-coded in at least two States: Virginia (green) and California (a color different

than the color of absentee-ballot envelopes)

Maine has a unique exception to single or

double envelopment of the provisional ballot in its challenge system. A regular ballot

to be used by a challenged voter is marked

with a number by the polling-place warden,

the ballot number is recorded on a challenge

certificate by the warden, and the challenge

certificate with the ballot number known

23
only to the voter and the warden, not the

ballot, is placed in a sealed envelope. The

challenged voter's ballot then is processed

and counted with regular ballots.

Sample carrier envelopes are depicted in

Appendix B: Alaska (Exhibit B-l), Arizona

(Exhibit B-2), California (Exhibit B-3), Iowa

(Exhibit B-4), Nebraska (Exhibit B-6), New

York (Exhibit B-8), North Carolina (Exhibit

B-9), South Carolina (Exhibit B-10), Washington (Exhibit B-ll), and District of Columbia (Exhibit B-12).

Casting of Provisional Ballots

After the provisional ballot is marked and

sealed in the carrier envelope, the sealed

envelope with any other voter-completed

forms affixed to the envelope is by law to be

deposited in a "ballot box" (at least 11 States)

or other specially identified container, such

as an envelope or bag (at least 14 States).

The envelope is required to be deposited in

the ballot container by the voter (at least

eight States) or by a polling-place official

upon presentation of the envelope with voted

ballot by the provisional voter (at least nine

States); many States, however, do not prescribe who is to place the ballot in the ballot

container.

24
Verifying and

Counting

Provisional

Ballots

The most important function to be performed

in a provisional voting system is the verification of voter eligibility after election day,

followed by the counting of the accepted

provisional ballots. The diligence, accuracy,

fairness, and efficiency of local elections personnel in completing the post-election verification procedures and protecting the rights

of provisional voters will in large measure

determine how successful the provisional

voting system in any jurisdiction will be.

Time Available for Verification and

Counting of Ballots

There is considerable variation among the

States in the amount of time after an election for local election officials to complete the

review and verification of provisional ballots

and the canvass for the affected election. The

number of days available for the post-election checking of voter eligibility appears to

range from one day (Virginia) to thirty days

(West Virginia). At least eight States have

very narrow windows for provisional-ballot

verification, typically two to three days.

When there is a narrow verification window,

States have little incentive to adopt a liberal

provisional voting law that will impose a significant post-election burden on local election

offices in terms of the volume of provisional

ballots voted when local election office staff

are time-limited in their ability to verify

voter eligibility. They will have insufficient

time to mail and receive feedback concerning confirmation notices to voters who have

a reported a change of address on election

day or perhaps even to follow up with the

motor vehicle department or other approved

voter-registration agencies to verify whether

or not a voter has made timely application

to vote. At least one-half of the provisional

voting States provide seven days or more for

verification of voter eligibility and completion

of the canvass.

Verification of Voter Eligibility

The post-election effort by the local election officials to ascertain whether or not a

voter was eligible to vote on election day

is a crucial activity in a provisional voting

system. The reason for the issuance of the

provisional ballot of course determines the

focus of the verification activity; however, the

most-common reason for provisional voting

is simply the absence of the voter's name

from the precinct registration list, perhaps

because the voter moved and did not update

25
the voter's registration record or for some

unknown reason.

The following actions are commonly undertaken by local election offices during the

verification process:

• Review the documentation submitted

by the provisional voter on or with the

provisional-ballot envelope (or submitted by the challenger in the event of a

polling-place challenge)

• Check the internal voter-registration

records of the office (and any Statewide voter-registration database)

• Check any pending or unprocessed

voter-registration applications

• If the voter claims to have registered

at a voter-registration agency, contact the appropriate agency directly

or indirectly through an intermediary

(such as the State voter-registration

office)

• Compare the signature of the voter

submitted with the provisional-ballot

documentation with the voter's signature in the office records or database

•Ensure that the provisional voter has

not cast another vote during the election, including an absentee or earlyvoting ballot

• Ensure the provisional voter voted in

the correct precinct

• Check the provisional voter's politicalparty enrollment in office records if at

issue

Election officials in provisional voting States

have cited a variety of additional actions that

may be completed to verify the provisional

voter's eligibility depending on the particular

circumstances: (1) check the voter-registration application receipt submitted, (2) check

if the voter is a felon, (3) check the date the

voter registered, (4) seek any credible evidence the voter was registered, and (5) send a

confirmation notice to the provisional voter's

present residence address.

Sample verification and counting decision

rules and guidelines are available in Appendix D: California (Exhibit D-l), Kansas

(Exhibit D-2), North Carolina (Exhibit D-3),

Virginia (Exhibit D-4), and West Virginia

(Exhibit D-5).

Counting of Provisional Ballots

The decision whether or not to count provisional ballots usually is the responsibility

of the local canvassing board, although a

special counting board or even the elected

chief election officer, such as a county clerk,

is given this task in some jurisdictions. The

procedures applicable to the counting of

absentee ballots often are made applicable

to the counting of provisional ballots. The

decision of the responsible board or official

to count or disallow a provisional ballot is

almost always based on the verification research and recommendations made by the

local election office staff. In some jurisdictions, the county board/official focuses its

attention on the more difficult cases where

the appropriate decision is not obvious.

26
Disposition of Provisional Ballots

Cast in Wrong Precinct

There is a possibility where provisional ballots are involved, particularly when the reason for provisional voting is an unreported

change of residence, that a voter may vote

in the wrong precinct. There is also the possibility that because of an erroneous decision

by a polling-place official that a provisional

voter may be directed to the wrong precinct

or may be given the wrong ballot within the

correct precinct.

The States are evenly split as to whether a

voter's choices on a provisional ballot cast in

the wrong district may be counted for races

and issues that are the same for the precinct

where the voter voted and on the ballot actually voted compared to the precinct where the

voter should have voted and the ballot that

should have been voted. At least three States

permit such partial counting of provisional

ballots only if the reason for voting in an

incorrect precinct or on an incorrect ballot

was due to poll-worker error.

States that do not count such ballots maintain that the law requires a voter to be a

resident of the precinct where the vote is

cast; if the voter is not a resident, the voter's

entire ballot by law is invalid. States that do

permit partial counting assert that the voter

who may have voted in the wrong precinct

is still a registered voter of the election jurisdiction and partial counting of the ballot

ensures that the voter is not completely and

unnecessarily disfranchised by invalidating

election choices the voter could have made

at the correct polling place or on the correct

ballot.

Voter Rights in Challenge Systems

A voter whose right to vote is questioned in

a challenge-based provisional voting system

typically may have no opportunity to present

evidence in support of the voter's qualifications once the polling-place officials have

made a decision to sustain the challenge and

permitted the voter to vote only by provisional ballot. Five of the jurisdictions with some

form of provisional voting after a challenge

do not expressly provide for the presentation

of evidence by the challenged voter to the

local electoral board responsible for reviewing the validity of challenge ballots. Neither

the challenger nor the challenged voter is

given the opportunity or is expected to attend the local board's meeting to consider

the acceptance of provisional ballots. The

local board's decision is based on the written documentation of the challenge provided

by the challenging precinct official or other

challenger and the results of any subsequent

investigation by the local election office staff.

Maine is an exception; a challenged ballot is

counted the same as a regular ballot, and its

validity is not determined unless the ballot

affects the election results.

Several jurisdictions with challenge systems

have established a more-formal process for

determining the validity of provisional ballots. These States provide for a greater role

by both the challenger and the challenged

voter in the decisionmaking process by the

responsible administrative authority.

District of Columbia: The signing of a special-ballot envelope by a challenged voter is

deemed by law as the filing of an appeal by

the voter of the refusal by the chief voter

registration official to permit the voter to vote

27
on election day by regular ballot. The Board

Elections and Ethics reviews all available

evidence pertaining to the eligibility of each

voter casting a special ballot and makes a

preliminary decision about whether to count

or to reject each ballot.

Georgia: State law requires the local board

of registrars to immediately consider any

challenge filed and to determine whether

probable cause exists to sustain the challenge. If probable cause is found, the challenged voter must be given the opportunity to

appear before the registrars and answer the

grounds of the challenge. If it is not practical to conduct a hearing prior to the close of

the polls or a final decision on the challenge

cannot be rendered within a reasonable time,

the challenged voter must be permitted to

vote a challenged ballot. If the challenge

is based on the ground that the challenged

voter is not qualified to remain on the list of

electors, the hearing must be finished before

the certification of the consolidated election

returns. If the challenge is based on other

grounds, no further action is required by the

registrars.

Hawaii: A decision by precinct officials

that a challenged voter may not vote must

be appealed before the voter leaves the

polling place. By appealing, the challenged

voter is allowed to vote a provisional ballot. The precinct chairperson is required to

contact the board of registration to hear a

challenged-voter appeal. Using telephones,

the board member serving as the presiding

officer swears in the challenger, the person

challenged, the precinct chairperson, and

any witnesses present. The board member

listens to the evidence presented and then

closes the hearing with the exception of the

receipt of any documentary evidence any of

the parties to the challenge notifies the board

that the party is going to submit prior to the

closing of the polls. The board discusses the

challenge and then comes to a decision regarding the appeal.

Iowa: A voter whose right to vote is challenged and who casts a special ballot must be

given a printed Statement notifying the voter, not only of the reasons for the challenge,

but also of the voter's right to make a written

Statement and to submit additional written

evidence to the special precinct counting

board concerning the voter's qualifications

to vote. The written Statement and evidence

may be given to a precinct election official

on election day or mailed or delivered to

the county commissioner of elections before

the meeting of the special precinct counting

board. The board makes its decision to count

or reject a special ballot upon the basis of

the information provided on the special-ballot envelope and evidence concerning the

challenge, the registration, and the returned

receipts of registration.

Maine: The validity of a challenged ballot

is determined subsequently by the State

supreme court only if it affects the outcome

of the election.

South Carolina: The local election authority hears all objections to challenged ballots,

and if the challenger does not appear or offer

evidence before the meeting of the board held

two days after the election, the challenged

ballot is treated as a regular ballot. If witnesses or evidence in support of the challenge

is produced, the election authority is required

to hear and determine the question of the

challenged voter's qualifications. State law

also provides that when a challenged ballot is issued to a voter who presented valid

28
identification but whose name is not the precinct registration list and cannot be verified

on election day, a subsequent certification

by the local board of voter registration that

the challenged voter is not a qualified elector

of the precinct is clear and convincing evidence for the election authority to disallow

the challenged ballot.

Washington: Both the challenger and challenged voter must be notified by certified

mail by the county auditor of the time and

place at which the county canvassing board

will meet to rule on challenged ballots. If the

challenger is a precinct officer, that officer

and any third party upon whose evidence

the challenge is based must appear in person

before the board unless they have received

written authorization from the board to submit an affidavit supporting the challenge.

If the challenger is a registered voter who

challenged the voter's registration and right

to vote not fewer than thirty days before the

election, the challenger must appear in person before the board or submit an affidavit

supporting the challenge. The challenging

party must prove to the canvassing board

by clear and convincing evidence that the

challenged voter's registration is improper.

The challenged voter must be given the opportunity to present testimony, in person or

by affidavit, and evidence to the board before

its determination is made.

Appeal of Rejection of a Provisional

Ballot

Whereas no State provides for the appeal of

denial of issuance of a provisional ballot (an

unnecessary right in most provisional voting States), only a few States provide any

opportunity for either an administrative or

judicial appeal of a decision of the local electoral board or official to reject a provisional

ballot.

In challenged-based provisional voting

systems, the challenged voter may have an

opportunity to appear before the local electoral board to respond to the challenge by

presenting evidence supporting the voter's

eligibility to vote. This administrative opportunity might be viewed as an "appeal" of

the adverse decision by polling-place officials

in not dismissing the challenge.

An appeal more typically is viewed as the

opportunity to challenge the decision of an

administrative decisionmaker who after election day determines whether or not a provisional ballot will be accepted and counted.

In most instances, the decisionmaker is a

multi-member local election, canvassing, or

counting board for the local election jurisdiction, although a few jurisdictions vest this

decision with the chief election official.

Only the District of Columbia appears to

authorize an administrative appeal. A preliminary decision of the D.C. Board of Elections and Ethics to reject a special ballot is

appealable to the same board. Challenged

voters may learn if their special ballots have

been rejected by telephone service provided

by the board or by consulting rejected-voter

lists published in a general-circulation newspaper or made available at the Board's main

office and public-library locations. The challenged voter may request a hearing to be conducted by the board. These appeal hearings

are scheduled 8-10 days after the election.

The challenged voter is entitled to appear at

the hearing and give testimony concerning

the decision to disallow the voter's special

ballot.

29
At least five States (California, Georgia, Hawaii, Maryland, and North Carolina) clearly

authorize a judicial appeal of an administrative decision to reject a provisional ballot

because of voter ineligibility. The Maryland

law is particularly noteworthy: A candidate

or provisional voter aggrieved by the decision

of the local board of elections to reject or not

to reject a provisional ballot has the right of

appeal to the county circuit court. The appeal

must be filed within five days from the date

of the completion of the official canvass. The

appeal is to be heard de novo without a jury

as soon as possible.

30
Post-Election

Follow-up

After the final decision to accept or reject

provisional ballots has made, the canvassing

of the votes has been completed, and the winners have been announced, two important

tasks remain if they have not already been

completed:

• Notification of provisional voters

whether their ballots have been accepted or rejected or perhaps partially

counted

• Updating of the voter-registration

status and records of provisional voters based on the information provided

during the provisional voting process

Notification of Acceptance or

Rejection of a Provisional Ballot

In most States that employ some form of

provisional voting, there is no mandatory

follow-up to advise the voter of the disposition, either acceptance or rejection, of the

provisional ballot. Local election offices in at

least four States provide written notification

to at least rejected voters as a matter of local

policy. Written notice to rejected voters, with

the reasons for rejection, is the law in only

five States; two additional jurisdictions provide a mechanism for the provisional voter to

learn whether the voter's provisional ballot

has been accepted or rejected. Maryland law

permits a provisional voter to request confirmation of the disposition of the voter's ballot,

and the local election board must respond in

a timely manner. The District of Columbia

provides a means for voters to learn promptly

the disposition of their provisional ballots in

order to determine whether they wish to initiate an administrative appeal of a rejection

decision.

The laws of the seven jurisdictions with

some sort of voter-notification law are summarized:

Alaska: The State director of elections is required to mail each voter whose questioned

ballot was rejected a summary of the reasons

why the ballot was rejected no later than 60

days after a general election (or 10 days after

the completion of the State review board's

review of ballots for a primary election). By

the same deadline after a primary, the State

director also is required to confirm or deny

by written notice whether a voter's name

has been entered on the voter-registration

31
list after the voter completed the voter-registration portion of the voter's certificate

appearing on the envelope used for voting a

questioned ballot.

District of Columbia: At the time of voting a special ballot, the Board of Elections

and Ethics is required to provide the voter

with written notice that informs the voter

of the manner by which the voter may learn

whether the Board has decided to count or reject the voter's special ballot and of the dates

for hearings to appeal a decision to reject the

ballot. Not later than the Tuesday following

an election, the Board must maintain telephone service by which any voter who has

voted a special ballot may learn whether

the ballot will be counted or rejected. Not

later than the second Wednesday following

a citywide election, the Board must cause an

alphabetical list of those voters whose special

ballots have been rejected, with the reasons

for rejection, to be placed in its main office,

in the main public library, and in at least

one branch public library in each ward. The

Board is required to publish notice of the

availability of the list in at least one newspaper of general circulation on the Tuesday

after the election. Exhibit A-3 is a sample

cover sheet for the rejected-voter notice in

the District of Columbia.

Georgia: The Board of Registrars is required

to notify in writing voters whose provisional

ballots were rejected that their ballots were

not counted because of the inability of the

registrars to verify that the voters timely

registered to vote or other proper reason.

Iowa: The election commissioner must notify a voter who cast a special ballot that is

rejected within 10 days of the reason for the

rejection.

Maryland: Within 10 days after any election, an individual who voted a provisional

ballot may request confirmation from the

local election board that the voter's ballot

has been either accepted or rejected by the

board. Upon receiving a timely request, the

board must provide the confirmation that

the voter's ballot has been either accepted

or rejected within 20 days after the election,

and if the ballot has been rejected, the board

must State in writing the basis for rejecting

the ballot.

New York: Whenever the affidavit ballot of

a voter is rejected on the grounds that the

person is not a qualified voter of the election

district wherein he sought to vote or is not

duly enrolled in the party in whose primary

he sought to vote, the board of elections must

immediately notify the voter by first class

mail directed to the address given in the

voter's affidavit of the rejection of the ballot,

together with the reason for rejection, and

the appropriate information on the times and

places where the voter may register, re-register, enroll, or change or correct the voter's

enrollment. Where appropriate, a form of application for personal registration by mail is

to be included with such notice.

Virginia: The general registrar must notify

all voters who submitted a provisional vote

and are found not properly registered. They

are further advised that if they wish to be

eligible to vote in future elections, they must

complete the State voter registration application form and return it before the close of

the books for the next election in the voter's

county or city.

32
Notificatio

n of Partial Counting of a

Provisional Ballot

Only two States (Alaska and Georgia) re-

quire that the provisional voter must be no-

tified in writing if a provisional ballot is only

partially counted. In Alaska, the voter whose

ballot was partially counted after a challenge

to the ballot was upheld must be mailed a

summary of the reasons no later than 60 days

after a general election (or 10 days after the

completion of the State review board's review

of ballots for a primary election). In Georgia,

voters must be notified of their correct pre-

cinct if they voted in the wrong precinct and

their votes were partially counted.

Updating of Voter-Registration

Records

The information submitted by the provi-

sional voter on the provisional-ballot carrier

envelope or on a separate voter-information

form or voter-registration card submitted

with the carrier envelope, is used by the

local voter-registration agency in nearly all

States to update the registration status of

previously registered voter. A significant

number of these States also use the voter-

supplied information to enter the voter as

a new registrant if the voter has not been

registered previously. An almost universal

outcome of the provisional voting process is

ensuring that voters whose registration was

not current will be able to vote a regular bal-

lot at least in the next election.

33

Guidance for

Polling-place

Personnel

The States with provisional voting experience have ensured that the program operates as efficiently as possible by integrating

guidance about provisional voting into the

regular procedures for educating and providing direction for polling-place personnel:

• Mandatory pre-election poll-worker

training

• Policies and procedures manuals and

directives

The education of poll workers is cited by

most provisional voting States as the key

to the success of the provisional voting program. State election offices have supported

poll-worker training in provisional voting

by (1) establishing minimum requirements

and expectations for poll-worker training

concerning provisional voting, (2) developing provisional voting-specific training media such as videotapes and slide sets with

standard scripts for local use, (3) including

provisional voting content in State-developed workbooks or other learning aids for

poll workers, (4) providing train-the-trainer

workshops for local election offices, and (5)

conducting the pre-election training for poll

workers or providing instructors to assist

in such training. Local election offices responsible for the periodic training of poll

workers may independently develop and

integrate provisional voting content into

the local training curricula.

The manuals and other decisionmaking

guidance produced by State and local election offices for use at each polling place have

been updated to provide clear, easily understood instructions for poll workers to use

in determining when to permit provisional

voting and how to process provisional voters

and ballots at the polling place. Provisional

voting, of course, works most efficiently

when there is no decision for poll workers

to make; the decision whether to issue a

provisional ballot is virtually automatic.

Election officials have supplemented the

basic polling-place manuals with additional

decisionmaking tools such as job descriptions

for each poll workers, "what if guidance for

each circumstance or problem a poll worker

might face, simple flowcharts for processing

voters, including provisional voters, and

special instructions for implementing the

provisional voting program.

35
Sample polling-place guidelines concerning

provisional voting can be found in Appendix C: Alaska (Exhibits C-l, C-2, and C-3),

Arkansas (Exhibit C-4), California (Exhibits

C-5 and C-6), Kansas (Exhibit C-7), North

Carolina (Exhibits C-8 and C-9), South Carolina (Exhibit C-10), Virginia (Exhibit C-ll),

and Washington (Exhibit C-12).

36
Special Costs of

Provisional Voting

Systems

States with experience in operating provisional balloting systems have identified the

special costs associated with the start-up and

continuation of such systems. States with a

long history with provisional voting, such as

Alaska, however, don't view the provisional

voting costs as special or exceptional but

rather as part of the normal expected costs

of running elections in the State.

One-time start-up costs could include the

costs for (1) the design of any new forms

required, such as the carrier envelope to

contain the voted provisional ballot with

the format to be printed on each envelope

for capturing required information., (2) the

development, publication, and distribution of

guidance for the use of polling-place personnel who will be assigned the task of determining voter eligibility and issuing, receiving,

securing, and reporting data concerning provisional ballots, (3) designing, producing, and

distributing training media, such as inserts

for existing training manuals, instructor's

guides, student workbooks, videotapes, and

slide sets with scripts, for instructing polling-place and central-office personnel in the

processing of provisional ballots, and (4) the

design and production of any special-ballot

containers or bags to be employed by pollingplace personnel for receipt, segregation, and

transporting of provisional ballots.

Continuing costs for maintaining a provisional balloting system could include the

costs for (1) the production of the special envelopes used for voting provisional ballots,

(2) the production of the provisional ballots

themselves (which by law may need to be

specially prepared and printed solely for provisional voting), (3) the compensation of any

additional polling-place personnel required

for the processing provisional voters, (4) the

compensation of any additional central-office

personnel for the verification of the eligibility of provisional voters and the counting of

provisional ballots, and (5) the production

of any special training materials concerning

provisional voting to be distributed to polling-place personnel attending any mandatory pre-election training.

The processing of provisional ballots at the

polling-place level usually doesn't require

additional staffing; however, in one State

that is initiating a provisional voting program (Maryland), State government is subsidizing the cost of providing one additional

37
polling-place worker in each polling place in

the State to handle provisional voting. This

subsidization will cost the State $315,000

per year on a continuing basis. In the District

of Columbia, the polling-place staffing for

each election includes a dedicated "special

ballot" clerk at each polling place at a total

cost of $5,000 per election.

38
Advice to States

Considering a

Provisional Voting

System

State and local election officials with experience in initiating, administering, or monitoring the operation of a provisional voting

program have offered a number of recommendations and observations that States

may wish to consider. While not supported

by everyone, this advice has been endorsed

by a significant number of officials from experienced States.

The bits of advice receiving the widest support among the experienced-State officials

are:

Review the provisional voting programs

in other States. The assessment of other

States' program can be accomplished by reading available publications and documentation concerning provisional voting programs

and by contacting knowledgeable officials in

those States, including both State-level elections and voter-registration administrators

and local-jurisdiction elections managers

with hands-on experience in designing and

operating local provisional voting systems.

Adopting States should not automatically accept or replicate another State's provisional

voting laws, procedures, and forms without

evaluating whether they will be efficient and

effective in the adopting State and will meet

the adopting State's needs and objectives.

Emphasize poll-worker training when

implementing a provisional voting program. The training of polling-place personnel is crucial to the success of the program.

Provisional voting may introduce both less

and more responsibility for poll workers.

They may be expected to exercise no discretion in determining if a voter is eligible for

a provisional ballot; the decision may be

automatic or assigned to the local elections

office. At the same time, provisional voting

will introduce new ways of processing voters

and may require knowledge about multiple

voting methods, with provisional voting almost always entailing paper-ballot voting

and special carrier envelopes.

Publicize the opportunity to vote by

provisional ballot. Many States recommend extensive public outreach before each

election to familiarize voters with the provisional voting option and its role in providing

fail-safe voting opportunities for recent movers and registrants. State and local election

offices have a variety of media to disseminate

their message about provisional voting, including the development and distribution

of PSAs. In New Jersey, information about

provisional voting is required by law to be

included in the legal notice published in

newspapers prior to each election.

39
Develop and implement a uniform provisional voting process throughout the State.

Several States suggest that clear, uniform

rules, procedures, and forms (including carrier envelopes) be adopted to ensure that the

provisional voting program is administered

consistently, fairly, and efficiently in every

election jurisdiction in the State. Sample

guidelines for the administration of a provisional voting system in a State are provided

in Appendix E: Maryland (Exhibit E-l).

40
APPENDIX A

NOTICES TO

PROVISIONAL

VOTERS

A-l
EXHIBIT A-l

NOTICE TO VOTERS

(New York)

NOTICE TO VOTERS

(Suction $-302(3-a) AYS Election Law)

IF YOUR POLL RECORD IS MISSING,

OR, FOR A PRIMARY ELECTION, YOUR POLL RECORD DOES NOT

SHOW ENROLLMENT IN THE PARTY IN WHICH YOU CLAIM TO

BE ENROLLED,

YOU MAY SEEK TO VOTE BY ONE OF THE FOLLOWING METHODS

AFFIDA VIT BALLOT - If you are able to swear under oath that

you live in the election district in which you are seeking to vote

and that you are presently registered to vote in this County, (and

in a primary election, that you are also enrolled in the appropriate

party), the Election Inspectors are required to give you a paper

ballot on which you may cast your vote.

Place the voted ballot in the envelope provided and carefully

complete your affidavit on the outside of the envelope, making

sure to give your correct residence address. The envelope will be

returned, unopened, to the Board of Elections. If the Board

determines that you are an eligible voter in that election district,

your ballot will be counted. You will be notified if your ballot is

not cast and the reason for such decision.

At the Board of Elections, your envelope will be opened along

with others, and the folded ballots will be placed in a group and

mixed. They are then unfolded and counted. In this manner, the

secrecy of every vote is maintained.

2. COURT ORDER - You may obtain a court order directing the

Election Inspectors to allow you to vote on the voting machine.

Your Board of Elections will tell you where and when a Justice of

the Supreme Court or a County Court Judge can be located. You

can contact your County Board at the number provided below.

f:\rilei\formsVES-15 (8/98)

A-2
EXHIBIT A-2

SPECIAL BALLOT REFERRAL FORM

(District of Columbia)

SPECIAL BALLOT REFERRAL FORM

The Master Index Clerk is referring you to the Special Ballot Clerk for the reason(s) checked below:

• Election Day Change of Address (Your address on the Master Index has changed.)

CU Name not listed on Master Index (You live in the precinct and claim you are registered to vote }

CD Listed as Absentee Voter (You requested but did not receive an absentee ballot by mail.)

CD Administrative Challenge (Mail sent to your voter registration address was returned by the Postal Service )

CD Challenged by Watcher or Captain (Your identity and/or your residence in the precinct is being disputed.)

CD Eldsrty/Handicapped (You are unable to vote in your assigned precinct because of age, disability, or health reasons.)

CD Election Worker (You are an election worker who has been assigned to work outside of your voting precinct.)

D Different Party Registration (You claim that the party iisred for you on the Master Index is incorrect) Pnmary tioctions only.

CD Different ANC/SMD {You claim that the ANC/SMD listed tor you on the Master Index is incorrect.) ANCSMD elections only

Fill in your name and current address below and take this form to the Special Ballot Clerk.

Name Current Address ,

The

•

•

Special Ballot

Your address is

Your address is

Precinct No

Clerk

in this

has determined

precinct and you

in another precinct and

Location

that:

may vote

you must

by Special

vote at the

Ballot hoie today

precinct location

(See

below.

important

(Take this

reformation

form with

on hack )

you)

REVIEW OF YOUR SPECIAL BALLOT

Your Special Ballot will be placed in the ballot box in a sealed envelope and received unopened by the Board of Elections and

Ethics The Board will verify the information on the ballot envelope against the official voter registration records and determine

whether to count /our Special Ballot

If you are a registered voter of the District and have voted the ballot to which you are entitled in the proper voting precinct, your

Special Ballot will be counted

To find out if the Board has determined to count your ballot, you may call the Board at 727-2525 on the Tuesday following

Election Day The Board will also make available to the public, on the second Wednesday following the election, a list of voters

whose special bailois have been rejected. The list will be available at the Board's main office (441 4th St., NW - Room 250).

in the main public library and in at least one public library in each ward. You will not receive any other notice that the Board

has decided not to count your ballot.

YOUR RIGHT TO APPEAL

If the Board decides not to count your Special Ballot, you have the right to appeal. The Board will hold hearings on the second

Thursday and Friday aftei Election Day. from 9:00 a.m. to 4:46 p.m , at 441 4th Street. N.W., Suite 270 If your ballot is rejected

and you decide that you want to appeal, call 727-2194 or 727-252S to set a time [or your appeal.

You may bring a lawyer to tilt? hearing or you may represent yourself You should bring evidence to show that your ballot should

be counted.

If you do not win your appeal, you have three <3) days to appeal the Board's decision to the Superior Court of the District nf

Columbia

9^-0886

A-S
EXHIBIT A-3

SPECIAL BALLOT REJECTION ANNOUNCEMENT

(District of Columbia)

DISTRICT OF COLUMBIA

BOARD OF ELECTIONS AND ETHICS

WASHINGTON, D.C. 20001-2745

BEFORE THE

DISTRICT OF COLUMBIA

BOARD OF ELECTIONS AND ETHICS

The District of Columbia Board of Elections and Ethics has initially rejected the Special

Ballots of the individuals whose names are listed below. These Special Ballots were cast

in the September 10,2002 Primary Election. The listing is in alphabetical order within each

of the following categories.

1. The voter is not registered to vote in the District of Columbia.

2. The voter failed to vote in the correct party primary.

3. The voter failed to vote in the assigned precinct.

4. The voter failed to sign the required affidavit.

Initial rejections of Special Ballots were made after the search of the Board's records

revealed that each of the individuals listed below was not qualified to have his or her vote

counted for the reason indicated.

These persons may appeal the initial rejection of their Special Ballot before the Board of

Elections and Ethics on Friday, September 20, 2002. The location of the hearing will be

Room 280 of the One Judiciary Square Building, 441 - 4th Street, N.W. These individuals

may appear, with or without counsel, to furnish evidence that they are qualified to have their

ballot counted. Citizens who want to appeal the rejection should call the office of the

General Counsel at 202-727-2194 to make an appointment.

A-4
APPENDIX B

PROVISIONAL

BALLOT

CARRIER ENVELOPES

B-l
EXHIBIT B-l

SAMPLE QUESTIONED BALLOT OATH AND

AFFIDAVIT ENVELOPE (Alaska)
EXHIBIT B-2

BALLOT TO BE VERIFIED ENVELOPE

(Maricopa County, Arizona)
EXHIBIT B-3

SAMPLE PROVISIONAL BALLOT ENVELOPE (front)

(California County Clerks Association)
EXHIBIT B-3 (continued)

SAMPLE PROVISIONAL BALLOT ENVELOPE (back)

(California County Clerks Association)
EXHIBIT B-4

STATEMENT TO PERSON CASTING A SPECIAL BALLOT AND

SPECIAL BALLOT ENVELOPE (4

 3/4" x 11") (Iowa)
EXHIBIT B-5

PROVISIONAL BALLOT APPLICATION TO BE PRINTED ON A SEALABLE

ENVELOPE (Maryland)
EXHIBIT B-6

CONDITIONAL BALLOT ENVELOPE (front, 10" x 15")

(Douglas County, Nebraska)
EXHIBIT B-6 (continued)

CONDITIONAL BALLOT ENVELOPE (back)

WITH VOTER REGISTRATION FORM IN POCKET (Douglas County, Nebraska)
EXHIBIT B-7

DETACHABLE AFFIRMATION OF VOTER REGISTRATION (9" x 11")

(New Jersey)
EXHIBIT B-8

AFFIDAVIT BALLOT ENVELOPE

(New York)
EXHIBIT B-9

PROVISIONAL BALLOT ENVELOPE (front, 5" x 12") AND DETACHABLE

REGISTRATION/UPDATE FORM (back) (Wake County, North Carolina)
EXHIBIT B-10

FAIL SAFE BALLOT ENVELOPE (5" x 11 %") AND PROVISIONAL BALLOT

ENVELOPE (5" x 11 Vi") (Richland County, South Carolina)
EXHIBIT B-11

SPECIAL BALLOT ENVELOPE (5" x 11 Y*") AND SPECIAL BALLOT INNER

ENVELOPE (4 1/2" x 11 3/8") (Thurston County, Washington)
EXHIBIT B-12

SPECIAL BALLOT ENVELOPE AND INSTRUCTIONS

(District of Columbia)
B-16
APPENDIX C

POLLING PLACE

GUIDELINES FOR

PROCESSING

PROVISIONAL

VOTERS

C-l
EXHIBIT C-l

QUESTIONED VOTERS GUIDELINES

(Alaska)

The election worker folds the ballot in half or thirds and issues the ballot, secrecy sleeve

and ballot envelope to the voter.

Ask the voter to:

Completely fill in the ovals next to their choices.

Vote both sides of the ballot, if applicable.

Insert voted ballot into the secrecy sleeve.

Place the secrecy sleeve in the ballot envelope.

Seal the ballot envelope.

Drop the envelope into the ballot box.
EXHIBIT C-l (continued)

QUESTIONED VOTERS GUIDELINES

Use of

Questioned

Ballots

Questioned

Voter Register

Questioned

BaUot Oath and

Affidavit

Envelope

A voter must vote a questioned ballot if:

• The voter's name does not appear on the precinct register.

• The voter does not have identification and is not

personally known by an election worker.

• Another person, having good reason, questions a voter's

qualifications.

• The voter indicates he or she has a new residence address.

Questioned voters MUST sign the questioned voter register.

They DO NOT sign the precinct register.

If a voter signs the questioned voter register and the voter

does not vote, cross off the voter's name and make a note by

the voter's signature they did not vote a questioned ballot.

Before issuing a ballot to the voter, the voter must complete

the questioned ballot envelope.

Voter Requirements:

• Ask the voter to complete all the information on the

envelope. The residence and other information on the

envelope will be used to update the voter's registration

record.

• The voter must sign the envelope in the space provided.

' Voters who have difficulty signing their name may make

a mark or an "X" in the signature space.

Election Worker Requirements:

• Review the envelope to make sure it is completed and

signed by the voter.

• Sign the envelope as the election board official.

• Write in the date, district and precinct number.

• Write the line number where the voter signed the

questioned voter register.

C-3
EXHIBIT C-l (continued)

QUESTIONED VOTERS GUIDELINES

• Check the appropriate box to indicate the reason the voter

is voting a questioned ballot.

• Do not remove the top part of the questioned ballot

envelope

Issuing Ballots Before issuing the ballot, fold the ballot in half or thirds and

give the ballot, a secrecy sleeve and the completed questioned

ballot envelope to the voter:

Instruct the voter to:

• Completely fill in the ovals next to their choices.

• Vote both sides of the ballot, if applicable.

• Insert the ballot into the secrecy sleeve.

• Place the secrecy sleeve containing the voted ballot in the

envelope and seal the flap.

• Put the sealed envelope in the ballot box

Do not let the voter insert the questioned ballot into the

Accu-Vote unit.

C-4
EXHIBIT C-2

QUESTIONED BALLOT INSTRUCTIONS

(Alaska)
EXHIBIT C-S

QUESTIONED VOTING WORKER INSTRUCTIONS

(Alaska)

Voters vote a questioned ballot for 5 reasons.

{1) Voter's name is not on precinct register. {2) Voter does not have identification. {3}

Voter's residence address has changed. (4) In the primary election, voter requests a

ballot type they are not eligible to receive. (8) Voter is challenged.

The voter MUST sign the questioned register.

Questioned voters are not allowed to sign the precinct register. Each questioned voter

MUST sign the questioned register. If the voter signs the questioned register but does

no! vote, cross off the voter's name and make a note that the voter did not vote.

The voter MUST complete a questioned ballot envelope.

The residence address and other information provided by the voter on the ballot

envelope will be used to update the voter's registration record. Keep the top copy

attached to the envelop. The voter MUST sign the envelope.

Check the voter's identification.

If the voter does not have identification, mark "no identification" in the lower right comer

of the envelope. A voter who does not have identification may sttil vote.

Complete the shaded! areas of the envelope, including the

political party ballot issued to the voter.

Sign the envelope as a witness. Be sure to indicate your district and precinct number

and the tine number on the questioned register where the voter signed. In the primary,

indicate the party ballot type given to the voter. If the voter chooses to vote a ballot

type they are not eligible to receive, indicate "Party Choice" in the reason for voting a

questioned ballot.

The voter receives a ballot, secrecy sleeve and the

completed ballot envelope,

Tei! voters to mark ballots in private, to place ballot inside the gray secrecy sleeve and

place the secrecy sleeve containing voted ballots inside the questioned ballot envelope.

The sealed, voted ballot is placed in the ballot box.

Questioned ballots MUST be sealed in the questioned ballot envelope before being

placed in the ballot box. If the voted ballot goes into the ballot box before being sealed

in the envelope, make a note on the ballot envelope The ballot box cannot be <

to retrieve the ballot. Questioned ballots are returned to the regional election office \

counting.
EXHIBIT C-4

FAIL-SAFE VOTING GUIDELINES

(Arkansas)

Fail-Safe Voting

If a voter's address differs from the precinct voter registration list,

• the election official must contact the county clerk, and

• the county clerk must verify that the voter's address is within the precinct.

If the voter's new address is within the current voting precinct,

• the voter must complete a voter registration application form to update county

voter registration records.

If the voter's new address is not within the current voting precinct,

• the voter must contact the county clerk to determine the proper voting

precinct, and

• the voter must then go to the proper new polling site to vote.

If the voter's name differs from the precinct voter registration list,

• the voter must complete a voter registration application form to update county

voter registration records.

If the voter's name is not on the precinct voter registration list,

• the voter must identify himself/herself by name and date of birth and must be

verified by the county clerk as a registered voter within the county.

• the voter must give and affirm his/her current address, and the election official

must verify with the county clerk that the residence is within the voting

precinct.

• the voter must complete an updated voter registration application, and

• the voter must sign the precinct voter registration list.

If a voter's name is not on the precinct voter registration list, and the

county clerk is unable to verify the voter's registration,

• the voter may vote a challenged ballot.

C-7
EXHIBIT C-4 (continued)

FAIL-SAFE VOTING GUIDELINES

Challenged Ballots

When the ballot of any voter is challenged,

• an election official must inform the voter that his/her ballot is being challenged

by a poll watcher,

• the poll watcher challenging the ballot must display credentials (a valid

affidavit such as the "Poll Watcher Authorization Form"),

• the poll watcher must complete a "Challenged Ballot Form,"

• the voter must vote on a paper ballot/vote card initialed by the election official,

• the voter must separate his/her marked ballot from the ballot stub,

• the voter must place the challenged ballot in a single envelope marked

"Challenged Ballot" and seal the envelope,

• the voter must place the ballot stub, the sealed "Challenged Bailor envelope,

and the "Challenged Ballot Form" in an envelope marked "Challenged Voter,"

and

• the election official must maintain a separate list of names of challenged

voters.

All challenged ballots must be preserved, secured, and separated from the

remaining ballots to the end that the right of any person to vote may be

determined later by the county board of election commissioners or the court in

which an election contest may thereafter be filed.

The county board of election commissioners must, prior to certification of

the results of the election, determine whether the challenged ballots are

valid. If, upon examination of any challenged ballots, the county board of

election commissioners suspects that a violation of election laws has

occurred, the board may refer the matter to the prosecuting attorney.

C-8
EXHIBIT C-5

SAMPLE "WHAT IF" GUIDELINES FOR ELECTION DAY

(California County Clerks Association)
EXHIBIT C-5 (continued)

SAMPLE "WHAT IF" GUIDELINES FOR ELECTION DAY
EXHIBIT C-5 (continued)

SAMPLE "WHAT IF" GUIDELINES FOR ELECTION DAY
EXHIBIT C-5 (continued)

SAMPLE "WHAT IF" GUIDELINES FOR ELECTION DAY
EXHIBIT C-5 (continued)

SAMPLE "WHAT IF" GUIDELINES FOR ELECTION DAY
EXHIBIT C-6

SAMPLE PROVISIONAL BALLOTS GUIDELINES FOR PRECINCT OFFICERS

(California County Clerks Association)
EXHIBIT C-6 (continued)

SAMPLE PROVISIONAL BALLOTS GUIDELINES FOR PRECINCT OFFICERS
EXHIBIT C-7

PROCEDURE FOR CHALLENGED AND

PROVISIONAL BALLOTS (Kansas)

Office of the Kansas Secretary of State

PROCEDURE FOR CHALLENGED

AND PROVISIONAL BALLOTS

1. Any person offering to vote who is known or suspected of being unqualified as an elector in

the precinct and county in which the person offers to vote shall be challenged by the judge.

[25-414(a)]

2. If a registered voter has changed residences within the county and not updated the registration

records, the voter shall vote a provisional ballot in the same manner as a challenged voter, as

described below. [25-414(b)]

3. One member of the precinct election board shall give the challenged voter a Kansas voter

registration application form for the voter to complete and sign. If the person refuses to sign the

affidavit on the form, the vote shall be rejected. [25-409(a)]

4. The election board member shall then give the voter an advance voting ballot, which the voter

shall vote in the same manner as any other voter. [25-409] The ballot shall be numbered on the

upper right comer to correspond with the person's name on the poll book, and the word "Sworn"

shall be written after the person's name in the poll book. [25-413]

5. The word "provisional" shall be written following the voter's name in the poll book. [25-409]

6. The marked ballot shall be sealed in an envelope on which:

(a) a member of the election board whall write

- the word "provisional"

- the reason the ballot was challenged or provisional

- a statement that the ballot contained in the envelope is the same ballot

which was challenged and given to the voter.

(b) two members of the election board shall attest the statements on the

envelope

(c) the completed voter registration application shall be fixed

(d) a number shall be written corresponding to the voter's name in the poll book. [25-409]

7. The envelope containing the ballot shall be packaged with the objected to and voided ballots.

[25-409]

8. The county board of canvassers shall review any such ballots and determine the acceptance or

rejection of each. [25-409]

10/99 bb

C-16
EXHIBIT C-8

VOTER PROCESSING FLOWCHARTS

(Wake County, North Carolina)
EXHIBIT C-8 (continued)

VOTER PROCESSING FLOWCHARTS
EXHIBIT C-9

PROVISIONAL BALLOT VOTER GUIDELINES

(Wake County, North Carolina)

VERIFICATION TABLE

PROVISIONAL BALLOT VOTERS INCLUDE:

1. The voter who appears at your polling place and states that

he/she is a registered voter in Wake County and has moved

into your precinct 30 or more days prior to the election but

did not notify the Wake County Board of Elections of

his/her new address.

2. The voter who states he/she registered to vote prior to the

registration deadline, and should be on your poll list.

3. The voter who states that he/she has been registered to vote

in the precinct and has not moved since completing that

registration.

4. The voter who claims his residence is within a certain

district or municipality but the poll list does not indicate

he/she is within the jurisdiction.

C-19
EXHIBIT C-9 (continued)

PROVISIONAL BALLOT VOTER GUIDELINES

PROVISIONAL BALLOT

VOTER TRANSFERRING INTO YOUR

PRECINCT WITHOUT AN AUTHORIZATION

TO VOTE/NEW ADDRESS/ELECTION DAY

TRANSFER FORM

• The Verification Official uses the Street Book to verify that the voter is

in the correct precinct. Pay close attention to the Even/Odd numbers.

(If the street address is not listed in the Street Book or the new precinct

cannot be determined, call the Board of Elections office).

©If the voter is in the correct precinct:

y The voter must complete the information on the Provisional

Ballot Envelope and the attached Registration Application/Update

form. Remind the voter not to separate the envelope and the form.

y The Verification Official fills in the precinct number, ballot style

issued and signs the Provisional Ballot Envelope.

y The Verification Official consecutively numbers the provisional

ballot envelopes. (PROV. # ).

y The Verification Official puts provisional number (PROV. #) and

precinct number on attached registration form.

y The Verification Official hands the voter a ballot and instructs

the voter to vote the ballot, fold it and seal it in the Provisional

Ballot Envelope and return the sealed envelope to the Verification

Official, with the completed Registration/Update form attached.

y The Verification Official does not separate the envelope and the

Registration Application/Update form.

THE VOTER MUST RETURN THE SEALED

ENVELOPE TO THE VERIFICATION

OFFICIAL. DO NOT ALLOW THE VOTER

TO INSERT A PROVISIONAL BALLOT INTO

THE TABULATOR.

C-20
EXHIBIT C-9 (continued)

PROVISIONAL BALLOT VOTER GUIDELINES

y The Verification Official writes the voter's name, address, date

of birth, on the Election Day Provisional Pollbook Sheet. The

provisional voter's number should match the number on the voter's

envelope.

y** The Verification Official places the sealed Provisional Ballot

Envelope with the Registration Application/Update form attached

into the Election Certification Materials case (blue nylon zippered

case).

O If the voter is in the wrong precinct:

y^The Verification Official determines the voter's correct precinct by

using the Street Book and directs the voter to the correct precinct or

to the Board of Elections office. (If the street address is not listed in

the Street Book or the new precinct cannot be determined, call the

Board of Elections office).

• When the polls close, the Verification Official counts the number of

voted provisional ballots contained in the Election Certification

Materials case (blue nylon zippered case). That number is written on the

"Closing the Polls" form.

>- The number of voted provisional ballots MUST equal the

number of names on the Election Day Provisional Pollbook

Sheet.

• All voted provisional ballots with completed Registration

Application/Update form attached and Election Day Provisional

Pollbook Sheets are returned in the Election Certification Materials case

(blue nylon zippered case) on Canvass Day to Station 1.

• All unvoted ballots are counted and returned to the Ballot Distribution

Table and sealed in the unvoted ballot box(es).

• All unused Provisional Ballot Envelopes are to be returned in the

Verification Supply case (red nylon zippered case.)

C-21
EXHIBIT C-10

CHALLENGED VOTER PROCEDURES

(South Carolina)

CHALLENGE BY THE MANAGERS (PROVISONAL BALLOTS)

The law provides that if the managers are reasonably sure that the person presenting him/herself is entitled to vote,

they shall deliver to him/her a ballot. Section 7-13-730.

The law also provides that the managers of election shall prevent any person from voting when they have good reason

to believe that such person has already voted. It provides also that they shall refuse to allow any person to vote who

is not a registered voter or who has become disqualified for any cause to vote in the precinct. It is the duty of managers

(o challenge the vote of any person who may be known or suspected not to be a qualified voter. Section 7-13-810.

If the managers have good reason to believe that the voter has already voted, or if they believe that he/she has become

disqualified to vote, they should challenge his/her vote in the following manner.

1. The managers should explain to the voter the qualifications of a voter. These qualifications are set forth in

Sections 7-5-120 and 7-5-220. the 26th Amendment of the United States Constitution, and decision of the United

States Supreme Court in Dunn v. Blumstein (March 21. 1972), as follows:

A) must be at least 18 years of age,

B) must be a citizen of the United States, a resident of South Carolina, the county, and the voting precinct

at which he/she offers to vote,

C) must neither be now under court order declaring him mentally incompetent nor confined in a public

prison - persons on parole or probation for nondisqualifying crimes should be permitted to vote,

D) must not have been convicted of a felony or crimes against the election laws, unless he/she shall have

served his/her complete sentence, including any probation or parole time, or have been pardoned for

such offenses,

E) must have been duly registered by the board of registration and his/her registration must be dated at

least thirty days prior to the election.

2. The managers may question the voter as to these qualifications. If the person whose vote is challenged insists

that he/she is qualified, and the challenge is not withdrawn, his/her vote shall then be received and placed in an

envelope on which shall be written the name of the voter, and that of the challenger. If voting at the voting place

is being done upon a voting machine, the manager shall provide a paper ballot if the vote is challenged, and it

shall be placed in an envelope. Special provisional ballot envelopes will be furnished each precinct by the State

Election Commission. See Diagram 1 below. The challenged votes shall be kept separate and apart and not

counted but turned over to the commissioners of election. Section 7-13-830.
EXHIBIT C-10 (continued)

CHALLENGED VOTER PROCEDURES

3. The managers should inform both trie challenged voter and the challenger of the time and place that the hearing

on provisional ballots will be held. The State Election Commission will provide notices of the provisional ballot

hearing which should be filled out and given to each challenged voter and challenger at the time the challenge

is issued. Unless the challenger is present at the hearing, produces witnesses in support of the challenge, or

provides evidence in writing to support the challenge prior to the hearing, the provisional ballot will be counted.

The challenger should make every effort to be in attendance at the hearing. Nothing prohibits the county

election commission from continuing any challenge administratively as long as it has evidence to sustain the

challenge. Section 7-13-83O.

Any manager who challenges a person's vote should be present at the hearing to insure that the challenge is

sustained and to make certain that the vote, if ruled invalid, is not counted.

NOTE: All challenges must be made prior to the time a voter receives a paper ballot or enters into a voting

machine. No challenges shall be considered after that time. In the case of absentee ballots, challenges shall be

made prior to the processing of the absentee ballot envelopes. However, nothing shall affect the right of any

elecior or qualified watcher to challenge the vote of any person which is fraudulent or when the challenge is based

on evidence discovered after the vote is cast. Section 7-13-810.

WATCHERS

Each candidate in a primary election, or a non-partisan or announced write-in candidate in a general election,

may appoint a watcher for any voting place. However, in any general or special election, all candidates of the

same political party shall be jointly represented at any one polling place by not more than two watchers for each

1,000 registered voters or fraction thereof registered at such polling place. Every watcher must be a qualified voter

in the county where he/she is to watch and he/she must be certified to the managers of the voting precinct to which

assigned, in writing, signed by the candidate or by an appropriate party official as having been designated to act

as a"watcher. The watcher must at all times wear a badge not to exceed 4% " x 4W\ specifying the name of the

candidate or party he/she represents. This badge must contain letters no larger than % inch in height or width and

must not be a color that has florescent quality. The watcher must conduct himself in a manner that will not

interfere with the orderly conduct of the election. Section 7-13-860. The managers have authority to require that

the watchers station themselves In such places as the-managers designate, and conduct themselves in an orderly

manner. They must be placed where they can observe the entire election procedure, but managers should not

permit the activity of the watchers to interfere with the orderly conduct of the election or to permit the watcher to

talk with the voter. Section 7-13-140 and 7-13-860.

The voter registration list is a matter ot public record. Poll watchers should be allowed to look at the list, under

supervision of the poll managers, as long as it does not interfere or disrupt the orderly voting process.

CHALLENGES BY WATCHERS AND ELECTORS

If the watcher desires to challenge a voter, he/she must address himself to amanager, and not to the voter. The

manager should then follow the procedure outlined in the preceding section entitled "Challenge by the Managers"

Section 7-13-810. He/she should explain the qualifications of an elector and examine the person as to such

qualifications. If the challenger specifies the grounds of his/her challenge, such as, commission of a crime, or

failure to reside in the precinct, the managers need only explain the appropriate qualifications to the challenged

person and examine him as to these.

If the challenged person insists that he/she is qualified and the challenge is not withdrawn, the vote should be

received, placed in the special challenge envelope on which is written the name of the voter, the name of the

precinct, the name of the challenger and the reason for challenge; and the challenged vote is then kept separate

and apart and not counted, following the procedure outlined above. Section 7-13-830.

NOTE: It should be noted that any qualified elector has the right to challenge a person's vote the same as a

watcher. The challenge must be directed to the voter through a manager. Section 7-3-810.

C-23
EXHIBIT C-11

"WHAT IF" GUIDELINES

(Virginia)
EXHIBIT C-l 1 (continued)

"WHAT IF" GUIDELINES
EXHIBIT C-12

"FLIP" GUIDELINES FOR ELECTION-DAY PROBLEMS

(Thurston County, Washington)

Here at your

FINGERTIPS

. . . are step-by-step procedures to resolve

problems that may arise in your precinct

on election day.
EXHIBIT C-12 (continued)

"FLIP" GUIDELINES FOR ELECTION-DAY PROBLEMS

NO REGISTRATION IN POLL BOOK.

1. Recheck the Poll Book.

2. Have the voter vote a Special Ballot.

(See SPECIAL BALLOTS)
EXHIBIT C-12 (continued)

"FLIP" GUIDELINES FOR ELECTION-DAY PROBLEMS

SPECIAL BALLOTS

WHEN to issue a Special Ballot:
APPENDIX D

VERIFICATION

AND COUNTING

GUIDELINES

D-l
EXHIBIT D-l

CANVASSING GUIDELINES FOR PROVISIONAL/'TAIL SAFE" BALLOTS

(California County Clerks Association)
EXHIBIT D-l (continued)

CANVASSING GUIDELINES FOR PROVISIONAL/'TAIL SAFE" BALLOTS
EXHIBIT D-l (continued)

CANVASSING GUIDELINES FOR PROVISIONAL/TAIL SAFE" BALLOTS
EXHIBIT D-2

COUNTING PROVISIONAL BALLOTS

(Kansas)

COUNTING PROVISIONAL BALLOTS

#

A

1

2

3

4

5

6

7

8

9

SITUATION

VOTER REGISTRATION

Voter registered in office before books

closed and advance voted at the same

time.

Voter registered in office before books

closed and advance voted at the same

time. The voter's notice of disposition

was returned as undeliverable.

Voter registered at CEO office after

books closed or at the polling place on

election day and voted at the same

time.

Registered voter had different name

than on poll book due to marriage,

divorce or legal proceeding and

completed a new voter registration

application.

Registered voter had different name

than on poll book and did not complete

a new voter registration application.

Voter was registered but voted in

wrong precinct due to voter error

Voter was registered, voted in wrong

precinct or voted a provisional ballot

due to CEO error.

Voter was not registered.

Voter claimed to have registered at

DMV, post office, state fair or NVRA

registration outpost and CEO had no

registration.

SHOULD

BALLOT

COUNT?

YES

Laws are

unclear. Consult

county attorney

or counselor.

NO

YES

NO

NO

YES (on

portions mat

voter is

qualified to vote

on)

NO

NO

LEGAL

AUTHORITY

25-1122

25-2311

25-1122

25-2302

25-2311

25-231 l(aX6)

25-2311(e)

25-2316c(a)

25-2316c(a)

25-2302

25-2908

25-3002

25-215

25-2302

25-215

25-2302

25-242 la

COMMENTS

If voter's notice of disposition was

not returned by mail before

canvass day.

KSA 25-2302 indicates mat the

ballot should not count because a

person must be registered before

voting.

KSA25-23i6cf» indicates that the

ballot should count because the

person to whom a confirmation

notice is sent (after the notice of

disposition is returned

undeliverable) is a registered voter

when the election officer adds

his/her name to the registration list.

Law requires that a voter must

register 14 days prior to election.

No voter error.

Kansas laws require registration

before voting.

Unless CEO verifies DMV error.

2001 SB 128 New Section 1.

D-5
EXHIBIT D-2 (continued)

COUNTING PROVISIONAL BALLOTS

B

1

2

3

4

5

6

7

8

9

10

11

12

VOTER MOVES

MOVES WITHIN COUNTY

Registered voter moved within county

within 30 days of election. Voted at

former precinct

Registered voter moved within county

within 30 days of election. Voted at

either new precinct or central location.

Registered voter moved within county

within 30 days of election. Voted at

W">«g prccnKt _. ,.

Registered voter moved anywhere in

county and voted at new precinct

Registered voter moved within county

at any time before election. Voted at

either new precinct or central location.

Registered voter moved within die

county at any time and completed a

new voter registration card.

Registered voter moved within county

more than 30 days before election.

Voted at former precinct.

Registered voter moved within county

within 30 days of

Registered voter moved within the

county but refused to fill out a new

voter registration card before voting.

MOVES OUT OF COUNTY,

WITHIN STATE

Registered voter moved anywhere in

state within 30 days of election. Voted

at former precinct

Registered voter moved out of county

but within state within 30 days before

election. Voted in new precinct without

re-registering.

Registered voter moved out of county

but within state more than 30 days

before election.

YES

YES

NO

YES

YES

YES

NO

NO

YES

NO

NO

KS Const Art 5

Sec. 1;

25-3702

25-2353,

25-409

25-3702

25-2316c(b)

25-2353,

25-409

25-2353

25-3702

25-409(a)

Kan. Const Art 5

Sec. 1,

25-3702

Kansas Constitution

Article 5,

25-3702;

25-2316c(b)

25-3702

KS Constitution allows mis so

ballot not required to be

provisional Voter must complete

Form FP1 before voting.

Must complete new registration

card before voting provisional

ballot.

Not protected by law. Must vote at

precinct of residence/registration.

Voter must complete a new voter

registration application.

Must complete new registration

card before voting provisional

ballot No time limit on date of

move.

If voted at new precinct or central

location.

Not protected by law. Must vote

precinct of residence/registration.

KS Constitution allows mis, so

ballot not required to be

provisional. Voter must complete

Form FP1 before voting.

Fail safe (provisional) voting only

covers in-county moves.

Former precinct voting only allows

voting in precinct of former

residence.

Not protected by law. Needed to

re-register at new address.

D-6
EXHIBIT D-2 (continued)

COUNTING PROVISIONAL BALLOTS

c

1

2

3

4

5

6

7

8

9

D

1

2

3

4

5

6

ADVANCE VOTING

Registered voter requested advance

ballot, did not receive ballot and voted

at polls.

Registered voter voted in advance, then

voted at the (railing place.

Registered voter returned advance

ballot in unsigned envelope.

Voter signed another voter's envelope.

Two voters voted in advance. Ballot

envelopes switched, signed by the

wrong voter in same household. Both

are eligible voters and signatures

match.

Voter submitted an advance voting

ballot with ballot envelope not sealed.

Voter applied! for an advance voting

ballot after deadline for application.

Voter used power of attorney to obtain

advance voting ballot and used attorney

to vote.

Voter casts advance ballot, then dies.

Election board makes ballot provisional

pursuant to KSA 25-1136(c).

OTHER

Registered voter's name was found by

CEO elsewhere in poll book.

Voter needed assistance - should not

have been challenged.

Voter voted provisional ballot, only one

board worker signed envelope.

In primary election, registered voter

requested and received a different

party's ballot than the one registered

for.

Registered voter died after casting

ballot.

Registered voter returned a ballot after

polls closed.

YES

NO

NO

NO

NO

YES

NO

NO

NO

YES

YES

YES

NO

YES

NO

25-2908C

25-2416(b)

25-1124(a)

25-1136(b)

25-3002(f)

25-1120,

25-1124

25-1120

25-1119,

25-2302

25-231 l(a)

AG letter to SOS,

Sept 16,1997

25-1136(c)

AG Opinion 2002-15

25-2908(b)

25-2909

25-702

25-716

25-3002(b)

25-3301(d)

25-3304(b)

AG Opinion 2002-15

25-106

25-1132 (advance)

If CEO verifies that voter did not

cast multiple ballots.

Election crime.

Law requires voter to sign

statement on envelope.

Technical irregularity unless CEO

finds evidence of tampering.

Kansas laws require registration

before voting.

Power of attorney has no effect in

voting. Laws provide for assisted

voting.

If ballot should count, then the

directive to make it provisional is

"vain, idle, or futile." There is a

presumption that the legislature

does not "enact useless or

meaningless legislation."

NVRA fail safe voting

No voter error

(technical irregularity) No voter

error.

Can vote if affiliated with either of

the 2 major parties. Can affiliate

with either of the 2 major parties if

unaffiliated.

Most ballots are commingled with

others are irretrievable and

impossible to not count.

D-7
EXHIBIT D-3

CANVASSING PROVISIONAL BALLOTS

(Wake County, North Carolina)

Wake County Board of Elections

339 S. SALISBURY STREET

POST OFFICE BOX 695

RALEIGH, NORTH CAROLINA 27602-0695

(919) 856-6240

CANVASS

PROVISIONAL BALLOT PROCEDURES:

1.

2.

3.

4.

5.

6.

7.

8.

9.

Remove provisional ballots and provisional ballot poll sheets from the election

certification materials cases. Verify the number of envelopes with the number entered

on ballot reconciliation forms. Verify names on envelopes with names entered on

poll sheets. Initial ballot reconciliation forms.

Mark the precinct in which the provisional envelope was voted on top of the envelope

and number envelope and provisional poll list, if not marked and numbered at

precinct.

Search name on each envelope to verify the voter is registered. If registered, write the

VRN number on the. envelope. Mark party registration on the envelope if a partisan

election.

Search updated address to verify voter voted the provisional ballot in his/her correct

new precinct, noting if updated address is within municipality or appropriate districts.

Check color and/or style of ballots sealed in envelope to verify the correct ballot was

given to the voter. If updated address is outside municipality, verify voter was not

given municipal ballot, if precinct has municipal election or bond and "in", "out"

voters.

Mark in voter view all voters voting provisional ballots where it has been determined

that the voter is duly registered, voted in correct precinct and was given the ballot

he/she was eligible to vote.

Print report listing all voters marked provisional -- by the precinct in which they are

currently registered (old precinct).

Check this list against poll lists returned from the polls to verify the provisional ballot

voter did not also vote in his/her old precinct.

If a provisional ballot voter appears to have voted in his/her old precinct, search

authorizations to vote from the old precinct. If a provisional ballot voter has a

completed and numbered authorization to vote, set the provisional ballot and

D-8
EXHIBIT D-3 (continued)

CANVASSING PROVISIONAL BALLOTS

Authorization to Vote aside for Board consideration.

10. Seal all provisional ballots cast by voters who are registered, voted in correct new

precinct, voted only ballots they are eligible to vote and were verified not to have

also voted in their old precinct in a locked container. Count these ballots when the

Board authorizes provisional ballots to be inserted in 00-04 tabulator.

11. Search canceled voter files, DMV lists, after deadline, problem and denied files for all

provisional ballot voters who are not listed as registered voters in Voter View.

12. Add ballots of any provisional ballot voters found on a DMV list to ballots to be

considered by the Board for counting.

13. Pull cards of provisional voters who were listed in canceled files. Determine why

canceled and set aside for Board consideration.

14. Pull information from reject file for any provisional voters found there and set aside

for Board consideration.

15. Set aside for Board consideration any provisional ballots where it was determined the

voter voted in the wrong precinct or voted an incorrect ballot. Note ballot style #

voter actually voted and style voter should have voted. Note if the ballot or any ballot

items were the same for both precincts. Those items voter was eligible to vote should

be counted (NCGS 182.2 (4).

16. Set aside for Board consideration any provisional ballots for which no registration

information could be located.

17. Have all information ready and documented when the Board convenes at 11:00 on the

Friday following the election. If, despite best effort, all provisionals have not been

researched by 11:00 on the Friday following the election, request Board to recess until

documentation is complete.

D-9
EXHIBIT D-4

CANVASSING CONDITIONAL BALLOTS

(Virginia)

General Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

Canvassing Results

Conditional Ballots

The purpose of this policy statement is to clarify standards for what constitutes a proper

conditional ballot. Though the procedures for handling a conditional ballot are different

from those of a regular ballot, it is important to ensure that otherwise all standard Election

Day rules and procedures apply to both voters.

• If the name of a voter does not appear on the precinct registered voter list and the

General Registrar cannot be reached, or is unable to determine that a voter is

registered to vote, the voter MUST be given a conditional ballot to vote (§ 24.2-653

of the Code of Virginia).

• A person voting a conditional ballot, like all other voters, must produce proper

identification or sign an affidavit of identification before they may vote a conditional

ballot (§ 24.2-643).

• A conditional ballot must be cast in the precinct in which the voter would legally be

assigned to vote or there is no possibility of it being counted. If the voter is in the

wrong precinct, the officers of election should direct the voter to the proper precinct

so that the regular or conditional ballot can be cast. For example, we heard reports

that in some localities last November, Officers were allowing voters to use

conditional ballots when they knew the voter was registered to vote in another

precinct. This conditional ballot should not be used in this case. The voter should

be redirected to the correct precinct. (See § 24.2-101 for the definition of a qualified

voter, and Article II, § 1 of the Constitution of Virginia for qualifications of voters.)

The day following the election the local Electoral Board must meet to determine if a person

who cast a conditional ballot is indeed a qualified voter - that is, he is registered and voted

in his assigned precinct. If so, the conditional ballot is accepted. If not, the conditional

ballot is not counted. Remember, every person voting in person on Election Day must do

so at their assigned precinct polling place regardless of whether they are voting a regular or

conditional ballot. (See § 24.2-101 for the definition of a qualified voter, and Article II, § 1 of

the Constitution of Virginia for qualifications of voters.) After the Electoral Board has

reviewed each conditional ballot and decided whether or not to count it, it must canvass

and certify election results.

DlO
EXHIBIT D-4 (continued)

CANVASSING CONDITIONAL BALLOTS

General Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

Conditional Voter Card

Dear Voter:

Your name did not appear on the list of persons who are registered to vote in this precinct

and the General Registrar either could not determine your qualifications to vote or could

not be reached. Since you told the election officer that you are qualified and registered to

vote in this precinct you have been given a conditional ballot to vote.

Please be aware that your voted baUot will not be counted unless and until the Electoral

Board determines the ballot should be cast. You have the right to be present at the

meeting at which the Electoral Board makes this determination. You also have the right to

present any information that might prove that you are a qualified registered voter of the

precinct iin which you offered to vote. The meeting will be held at (time) on

Wednesday, (date) at (address) ).

Also please be aware that, if the Electoral Board cannot determine that you are a qualified

registered voter of the precinct in which you offered to vote, then your ballot will not be

counted.

Dear Voter:

Your name did not appear on the list of persons who are registered to vote in this precinct

and the General Registrar either could not determine your qualifications to vote or could

not be reached. Since you told the election officer that you are qualified and registered to

vote in this precinct you have been given a conditional ballot to vote.

Please be aware that your voted ballot will not be counted unless and until the Electoral

Board determines the ballot should be cast. You have the right to be present at the

meeting at which the Electoral Board makes this determination. You also have the right to

present any information that might prove that you are a qualified registered voter of the

precinct in which you offered to vote. The meeting will be held at (time) on

Wednesday, (date) at (address) ).

Also please be aware that, if the Electoral Board cannot determine that you are a qualified

registered voter of the precinct in which you offered to vote, then your ballot will not be

counted.

D-ll
EXHIBIT D-4 (continued)

CANVASSING CONDITIONAL BALLOTS

General Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

Officers of Election Must Issue A Conditional Ballot When:

• The Voter Is Not On The Roster AND:

V The Officer checked the spelling of the voter's name

V The Officer checked the end of the alphabetical section of the roster

V The Officer checked the street file listing to make sure the voter is in the right

precinct

V The Officer filled out a voter problem call in sheet; reached the Registrar and

she could not determine the voter's qualification to vote

V The Officer cannot reach the Registrar AND the voter insists he registered to

vote bv the deadline

D-12
EXHIBIT D-4 (continued)

CANVASSING CONDITIONAL BALLOTS

General Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

Conditional Vote Envelope - The Front

The Front Of The Envelope Should Be Filled Out Before You Give The Voter The

Ballot And The Envelope
EXHIBIT D-4 (continued)

CANVASSING CONDITIONAL BALLOTS

General Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

Conditional Vote Envelope - The Back
EXHIBIT D-4 (continued)

CANVASSING CONDITIONAL BALLOTS

General Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

Handling Green Conditional Ballot Envelope Votes

If any ballot is cast by any individual pursuant to § 24.2-653 of the Code of Virginia (in the

green envelopes provided by the State Board of Elections), the Electoral Board must

meet on the day following the election to determine the qualifications of such persons.

This meeting must be held in either the General Registrar's office or some other designated

room in the courthouse.

It is recommended that this meeting be held, if at all possible, in the General Registrar's

office as the General Registrar must be present and must be able to consult his r

her records in order to assist the Electoral Board in properly making their determination

concerning the qualifications of such person, the first of which is that the person be

registered to vote.

The Officers of Election must inform each person who casts a ballot in this manner of the

time and place at which the Electoral Board will meet.

Before Election Day

A. Instruct Officers Of Election

1. The General Registrar must be present at the instruction meeting for Chief

and Assistant Chief Officers of Election, required by §24.2-115 to be held

not more than thirty nor less than three days prior to the election, to instruct

the Officers in the procedures they are to follow in implementing these

sections of the Code. This is essential since the exact procedure to be

followed hinges on communication between the Officers of Election and the

General Registrar. Please note that any or all Officers of Election may

attend this instruction meeting.

2. The Electoral Board must inform the Officers at this meeting and provide for

each polling place a notice of the time and place the Electoral Board will

meet on the day following the election.

D-15
EXHIBIT D-4 (continued)

CANVASSING CONDITIONAL BALLOTS

General Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

8. Notify Political Parties And Candidates

1. As provided in §24.2-604 the Code of Virginia, one authorized representative of

each political party or independent candidate in a general election or one

authorized representative of each candidate in a primary or special election, who is

a qualified voter of the city, county or town, may be present at this meeting of the

Electoral Board. Notice of the time and place at which it will be held must,

therefore, be given by the Electoral Board to each political party chairman and

independent candidate for a general election or each candidate in a special or

primary election, as appropriate.

Day After Election

A. Electoral Board Meets

1. Prior to the meeting, the Electoral Board must pick up from the Clerk of Circuit

Court the special envelopes marked CONDITIONAL VOTES from all precincts.

2. The General Registrar must appear at the meeting with the Registered Voters

Lists used at all precincts (having picked them up from the Clerk of Circuit

Court).

3. The Electoral Board must open, one precinct at a time, the special envelopes

marked CONDITIONAL VOTES and proceed to determine the qualifications,

one by one, without opening the green envelopes, of each person who cast

a ballot in a green envelope.

B. Persons Determined NOT Qualified

1. If the person is determined NOT to be qualified, the green envelope remains

sealed.

2. Electoral Board must:

a. Write Disqualified across the front of the unopened green envelope;

b. Return it to the special envelope for that precinct marked CONDITIONAL

VOTES; and

c. Note on the envelope the number of green envelopes for Disqualified

persons remaining at the conclusion of the determination for that precinct.

C. Persons Determined To Be QUALIFIED

1. If the person is determined to be QUALIFIED, the General Registrar must enter

an X in the VOTE REC column on the Registered Voters List.

D-16
EXHIBIT D-4 (continued)

CANVASSING CONDITIONAL BALLOTS

Genera/ Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

2. The Electoral Board must:

a. Enter the name of the voter in a separate poll book (one poll book for the city,

county or town) marked CONDITIONAL VOTES;

b. Enter the number of the city, county or town precinct (as shown on the

Registered Voters List) in the column immediately to the left of the voter's

name;

c. Open the green envelope of the person determined to be QUALIFIED;

d. Remove the ballot therein;

e. Place it in one ballot box for the city, county or town without any inspection

further than to assure that only a single ballot or ballot set has been tendered

and that the ballot is a genuine ballot by inspecting the official seal upon the

back of the ballot, without looking at the printed inside of the ballot;

f. Return the opened and empty green envelopes for each precinct to the special

envelope for that precinct marked CONDITIONAL VOTES;

g. Note on the envelope the number of green envelopes contained therein for

persons determined to be QUALIFIED; and

h. Seal the envelope by placing a label across the flap; sign and date the label;

and return the sealed envelope to the Clerk of Circuit Court.

D-17
EXHIBIT D-4 (continued)

CANVASSING CONDITIONAL BALLOTS

General Registrar And Electoral Board Manual

Chapter 19 Canvassing Results

D. Ascertainment Of Results

When a determination has been made of the qualifications of all persons in the city,

county or town that cast a ballot pursuant to §24.2-653, the Electoral Board, as

Officers of Election, must:

1. Proceed to ascertain the results of the votes cast by those found to be qualified;

2. Complete two copies of the Statement of Results and place them in the poll

book;

3. Place the voted and counted bailot(s) in a COUNTED BALLOTS envelope and

enter "Conditional Ballots" as the name of the precinct; and

4. Seal the envelope by placing a label across the flap; sign and date the label; and

return the sealed envelope to the Clerk of Circuit Court.

E. Abstract Of Votes

When the Electoral Board meets to determine the results of the election and

complete the Abstracts of Votes pursuant to §24.2-675, the total votes received by

each candidate entered on the Abstract must include any Conditional Votes

received by the candidate. Add to the total vote from all the precincts for each

candidate, the number of Conditional Votes he received. (Total Vote from all

precincts + Conditional Votes = Total Votes for Candidate.)

F. Notification To Persons NOT Qualified

After the meeting, the General Registrar must notify, in writing, all

persons found NOT qualified that, if they wish to be eligible to vote in

future elections, they must complete the Virginia Voter Registration

Application Form provided and return it to you in the pre-addressed

envelope provided before (enter date), the close of the books for the

next election in your county or city.

D-18
EXHIBIT D-5

CANVASSING CHALLENGED BALLOTS

(West Virginia)

CANVASSING CHALLENGED BALLOTS

May 2002

IS BALLOT

COUNTED?

Voter is NOT a registered voter in your county NO

IS BALLOT

SITUATION EXPLANATION COUNTED?

Voter IS a registered voter in your county...AND...

A. Voter had a name change. If voter... YES

*• is a registered voter of your county;

• voted in precinct in which registered;

*• affirmed change with signature on poll ticket; and

• has no other valid challenge.

B. Voter moved within current precinct. If voter... YES

*• is registered in the precinct in which he/she voted;

• has moved to an address which is also served by that precinct;

• affirmed change with signature on poll ticket; and

• has no other valid challenge

C. Voter moved to address within county in a new precinct. If voter... YES

*• is a registered voter of your county;

*• voted in precinct for the new address;

• affirmed change with signature on poll ticket; and

• has no other valid challenge.

D. Voter changed address in county & voted in precinct not serving new address. If NO

voter...

• voted in precinct which is NOT the precinct of the new address.

E. Voter moved out-of-county but returned to your county to vote in precinct serving YES

old address. If voter...

+ was a registered voter of your county as of the voter registration deadline

for that election;

*• moved to new address out-of-countv during the 30 days before the

election: and

!• has no other valid challenge.

D-19
EXHIBIT D-5 (continued)

CANVASSING CHALLENGED BALLOTS

SITUATION

F.

G.

H.

I.

CANVASSING CHALLENGED BALLOTS

May 2002

EXPLANATION

Voter is handicapped & voted outside current precinct but within county. If voter...

• is a registered voter in your county; and

IS BALLOT

COUNTED?

YES -- but count

only races and/or

• is currently registered in a precinct that is NOT handicapped accessible.issues of the ballot

-OR-

•• is currently registered in a precinct that is appropriately handicapped

accessible

Voter voted a ballot for a political party different from the one in which he/she is

registered. If voter...

• voted a ballot of a different political party affiliation than that of their current,

signed registration card.

-OR-

• is registered as an independent (or "no party affiliation") voter;

•• voted a Republican ballot; and

• has no other valid challenge.

NOTE: All Political Party Affiliation Changes Must

Be Made At Least 20 Days BEFORE An Election

Voter was a poll worker. If voter...

*• was working out of his/her current precinct; and

*• has no other valid challenge.

Voter received assistance believed unnecessary. If it is determined by the

commission that...

*• assistance received was NOT necessary.

-OR-

- assistance received WAS NECESSARY.

which correspond

to the ballot used

in voter's correct

precinct

NO

NO

YES

YES - but count

only races and/or

issues of the ballot

which correspond to

the ballot of

voter's correct

precinct.

NO

YES

D-2O
EXHIBIT D-5 (continued)

CANVASSING CHALLENGED BALLOTS

SITUATION

J.

L.

M.

N.

0.

P.

Q.

R.

S.

CANVASSING CHALLENGED BALLOTS

May 2002

EXPLANATIO Absentee voter receiveNd assistance but did not complete the required affidavit for

that assistance.

-ORAbsentee voter received assistance but did not complete the required affidavit for

that assistance BUT voter has filed an affidavit from doctor stating reason for

assistance is blindness.

Person who has given assistance to voter has violated the written affidavit on the

"List of Assisted Voters".

Voter voted an absentee ballot and then voted a challenged ballot at the polls on

election day.

Voter voted an absentee ballot but was in the county on election day.

Voter voted an absentee ballot but absentee ballot application was completed

incorrectly.

Voter voted an absentee ballot but absentee ballot application contained false

statements or declaration.

Voter was challenged by the clerk for voting an absentee ballot by mail more than

4 consecutive times as a result of being out of the county. (This does rjol apply to

uniformed services or overseas citizens or their spouse or dependents li ving outsi de

of the U.S. or a college student living outside of his or her home county.)

Absentee voter's ballot does not have the circuit clerk's official seal and signature

of the board of ballot commissioners.

An absentee voter's handwriting is not the same on his/her voter's registration card,

ballot application, arid absent voter's ballot envelope.

• Consider illness, age, disabilities, etc. when comparing the absentee ballot

application and the absent voter's ballot envelope to the voter's registration

card.

IS BALLOT

COUNTED?

NO

YES

NO

Absentee ballot is

counted.

Ballot voted at the

polling place is

NOT counted.

YES

NO

NO

NO

F£S-if all ballots

in precinct can be

accounted for.

NO --commission

determine s if

signature is the

same.

D-21
EXHIBIT D-5 (continued)

CANVASSING CHALLENGED BALLOTS

CANVASSING CHALLENGED BALLOTS

May 2002

IS BALLOT

SITUATION EXPLANATION COUNTED?

T. Signature on poll slip is not in the same handwriting as the signature on the NO —commission

registration card. determines if

*• Consider illness, age, disabilities, etc. when making this determination.signature is the

same.

U. Ballot does not contain proper signatures. YES — if all

ballots in precinct

can be accounted

for
APPENDIX E

STATE GUIDELINES

FOR

ADMINISTRATION

OF A PROVISIONAL

VOTING SYSTEM

E-i
EXHIBIT E-l

GUIDELINES FOR ADMINISTRATION OF PROVISIONAL BALLOTS

(Maryland)

Final Draft 1

Guidelines for the Administration of Provisional Ballots

Section 1. Terminology

1.1 "Assertion in the provisional ballot application" means an affirmation under Article 33 § 3-

601(c)(3)(ii), of the Annotated Code of Maryland, that:

A. The applicant has made a timely effort to register to vote or update a voter registration record; or

B. The applicant believes in good faith, following that effort, that, without further action on the

applicant's part, the requirement for registration or for updating the registration had been

satisfactorily completed.

1.2 "Election Director" means the Election Director of the local board of elections or, unless otherwise

indicated, the director's designee.

1.3 "Provisional ballot packet" means all of the contents necessary far a voter to apply for and vote a

provisional ballot, including:

A. A Temporary Certificate of Registration;

B. A ballot; and

C. Except as provide in section 4.3C, a secrecy envelope.

1.4 "Temporary Certificate of Registration" or "TCR" is the application that must be filled out by a voter

in order to vote a provisional ballot and consists of:

A. A Provisional ballot application (see Tab 4); and

B. A Voter registration application (VRA).

1.4 "Voter" means an individual who seeks to vote by provisional ballot.

Section 2. Election Judges

2.1 Number of Provisional Judges per polling place.

A. The Election Director may appoint one extra election judge for each precinct, whose primary duty

will be to assist with the provisional ballot process.

B. It is recommended that, if possible, Election Directors appoint registered voters who are not

affiliated with a political party as provisional ballot judges. Note: Pursuant to Article 33, § 10-

201 of the Code, an unaffiliated judge may not be appointed unless the precinct has 6 or more

judges.

2.2 Duties.

A. A chief election judge, in accordance with Section 3.3 below, shall:

1. Determine whether a provisional ballot packet should be issued to a voter; and

2. If a provisional ballot packet should be issued, refer the voter to the provisional ballot judge.

B. The provisional ballot judge shall:

1. Provide the voter with the TCR;

2. Explain how to fill out the TCR;

3. Issue a voter instruction sheet (see Tab 5);

4. Sign the provisional ballot application to verify that the voter showed photographic

identification and that the photo matched the voter;

5. After the TCR is complete, issue a ballot to the voter; and

6. Carry out any other duties assigned by the Election Director during periods when there are no

provisional voters.

E-2
EXHIBIT E-l (continued)

GUIDELINES FOR ADMINISTRATION OF PROVISIONAL BALLOTS

Final Draft 1

2.3 Recommended Physical Arrangement.

A. The provisional ballot judge should be located at a table that is separate from the rest of the

polling place activity.

B. The table should be equipped with:

1. All of the provisional ballot supplies; and

2. Chairs for the provisional ballot judge and voters who are filling out TCRs.

C. The voting booth for provisional ballot voters should be located near the provisional ballot table,

so that it is under the supervision of the provisional ballot judge.

D. The provisional ballot bag containing voted ballots must remain under the constant supervision of

the provisional ballot judge.

Section 3. Issuing a Provisional Ballot

3.1 Policy

A. The provisional ballot process should be used exclusively for a voter who is not on the precinct

register because:

1. Despite the voter's good faith attempt to register or update the voter's registration at a voter

registration agency, the information was not received by the local board; or

2. The voter moved to the precinct from another county and never updated the voter's

registration.

B. The provisional ballot process should not be used for a voter who is not on the precinct register:

1. Due to an administrative error;

2. Because the voter is in the wrong precinct;

3. Because the voter"moved to the precinct from within the county and never updated the voter's

registration;

4. Because the voter was removed from the voter registry based on a criminal conviction or

guardianship for mental disability; or

5. Because the voter was otherwise validly removed from the voter registry.

3.2 Examples.

A. Provisional Ballot Packet Should Be Issued.

1. Voter A was registered in Montgomery County and moved to Harford County. The voter

changed his address at the MVA, which informed Montgomery County, which in turn

removed him from its voter registry. However, Harford County never received a new

application from Voter A. Voter A attempts to vote in Harford County, but is not on the

precinct register.

2. Voter B was registered in Prince George's County and moved to Baltimore City. The voter

does not update her voter registration. However, the voter goes to her proper Baltimore City

polling place on Election Day. She isn't on the.precinct register.

3. Voter C had never been a registered voter until he attempted to register, and believes he

became registered, at a public assistance agency. The local board never received the

registration application and the voter's name is not on the precinct register.

B. Provisional Ballot Packet Should Not Be Issued.

1. The voter appears at a polling place that is not the proper one for his address, in which case

the voter should be sent to the proper polling place.

2. The voter is not on the precinct register due to a clerical error {see Section 3.4).

3.3 Pre-Election Day Procedures.

A. The Election Director may issue a provisional ballot packet to a voter beginning the day after the

close of registration through and including Election Day.

E-3
EXHIBIT E-l (continued)

GUIDELINES FOR ADMINISTRATION OF PROVISIONAL BALLOTS

Final Draft 1

B. When considering whether to issue a provisional ballot packet to a voter, the Election Director

shall determine whether:

1. The voter is on the voter registration list or the inactive list, in which case no provisional

ballot is necessary and the voter may vote a regular ballot; or

2. The voter is on the removal list or is otherwise ineligible to vote, in which case no provisional

ballot should be issued.

C. If there has been no clerical error and the voter is not on the voter registration, the inactive, or the

removal lists, but is qualified to register to vote, the voter should be advised of the requirements

for voting by provisional ballot and given the opportunity to:

1. Receive a provisional ballot packet at the local board office; or

2. Go to the proper polling place on Election Day and receive a provisional ballot packet.

D. If the voter decides to go to the polling place to receive a provisional ballot packet, the Election

Director shall, if time permits:

1. Remind the voter by letter or postcard that:

a. The voter should go to the polling place on Election Day for a provisional ballot packet;

and

b. Photographic identification will be required; and

2. Notify the chief election judge at the polling place that the voter should be issued a

provisional ballot packet and that it is not necessary to call the local board office.

E. A voter may receive a provisional ballot packet only at an election office or a polling place. The

voter must complete the TCR and vote the ballot while at the election office or polling place

where the ballot is received.

F. A provisional ballot may not be issued to a voter to whom an absentee ballot has previously been

issued.

3.4 Election Day Procedures.

A. When a voter appears at a polling place and is not on the precinct register and there is no Voter

Authority Card (VAC), a chief judge shall follow the procedures outlined in the Judges' Manual,

including checking the inactive and removal lists.

B. If a VAC cannot be found and the voter cannot be located on either of those lists, the chief judge

shall, except as provided in Subsection (F) of this section and Section 3.2(D)2, call the local

board office.

C. The Election Director shall confirm that:

1. The chief judge has checked the precinct register, the inactive list, the removal list, and the

Voter Authority Cards and that the voter cannot be located; and

2. The voter is not in the wrong polling place.

D. If the Election Director is satisfied that the chief judge has checked the lists and that the voter is

in the correct polling place, the Election Director shall:

1. Check the central voter registration list, inactive list, and removal list; and

2. Determine whether:

a. A clerical error, as described in Section 3.S, has occurred;

b. The voter is entitled to vote but needs to report to another polling place; or

c. The voter is not qualified to vote.

E. If the Election Director determines that a clerical error has not occurred, that the voter does not

need to report to another polling place, and that the voter is qualified to vote, the Election

Director shall authorize the issuance of a provisional ballot packet (also see Tab 6).

F. The chief judges at a polling place may jointly authorize the issuance of a provisional ballot

packet, without making direct contact with the local board office, in cases where they cannot

reach the local board or the voter is agitated and uncooperative.

E-l
EXHIBIT E-l (continued)

GUIDELINES FOR ADMINISTRATION OF PROVISIONAL BALLOTS

Final Draft 1

3.5 Clerical error

A. Examples of a clerical error include:

1. John Doe, Sr. died, but John Doe, Jr. was removed from the registration list.

2. Jane Doe's address was changed, even though Jane did not move.

B. The Election Director shall determine whether a clerical error has occurred.

C. The Election Director may not delegate the authority to determine what constitutes a clerical

error.

D. Upon determination that a clerical error has occurred, the voter shall be instructed to fill out a

VRA and a VAC card. The voter may then vote a normal ballot.

Section 4. Temporary Certificate of Registration and Ballot

4.1 Temporary Certificate of Registration

A provisional ballot may not be counted unless the voter has completely and properly filled out and

signed the TCR.

4.2 Provisional Ballot Application

A. Each local board shall use the provisional ballot application prescribed by the State Board.

B. The provisional ballot application shall be printed on an envelope that is capable of being sealed.

C. The VRA shall be affixed to the provisional ballot application envelope.

4.3 Ballots.

A. Provisional ballots shall be in the same format as absentee ballots.

B. The ballot style of the provisional ballot issued to a voter shall be the same as that used in the

voter's proper polling place.

C. Secrecy Envelope.

1. The secrecy envelope shall be provided to each provisional voter unless:

a. The election director submits a written request to the State Administrator for an

exemption; and

b. The State Administrator grants the exemption.

2. The secrecy envelope shall be:

a. Blank except for the following text, "Provisional Ballot"; and

b. Capable of being sealed by the voter after the ballot is voted.

4.4 Supplies and Forms.

A. The number of provisional ballot packets supplied to each polling place shall be not less than one

percent of the number of active voters assigned to the polling place.

B. The ballot and secrecy envelope (when used) shall be kept separate and not issued to the voter

until the voter has been approved to receive a provisional ballot.

4.5 Issuance

A. When a provisional ballot packet is issued, the Election Director or the provisional ballot judge

shall:

1. Provide the voter with an instruction sheet that explains the provisional ballot process; and

2. Provide oral instructions on how to fill out and submit the TCR and ballot, highlighting the

following:

a. That the provisional ballot application and the VRA must be completely filled out and

signed;

b. That the VRA must remain on the outside of the provisional ballot application envelope;

and

E-5
EXHIBIT E-l (continued)

GUIDELINES FOR ADMINISTRATION OF PROVISIONAL BALLOTS

Final Draft 1

c. That the provisional ballot should be placed in the secrecy envelope (unless the State

Administrator has approved the omission of a secrecy, envelope), which should then be

sealed and placed inside the provisional ballot application envelope, which should then

be sealed.

B. The provisional ballot judge may not advise the voter on whether the TCR is legally sufficient.

4.6 Voting

A. At least one voting booth shall be provided in each polling place for use by provisional voters.

B. After the voter has completed the application process and marked the ballot, the voter shall seal

the ballot inside the secrecy envelope (unless the State Administrator has approved the omission

of a secrecy envelope) and then seal the secrecy envelope inside the provisional ballot application

envelope. A signature is not required and should not be placed on the secrecy envelope. The

completed VRA shall remain attached to the outside of the provisional ballot application

envelope.

C. After the voter has completed subsection B of this section, the provisional ballot packet shall be

deposited by the voter into a bag that:

1. Is under the control and supervision of the provisional ballot judge;

2. Has an opening large enough to accept the provisional ballot packet without folding; and

3. Is capable of being locked and sealed.

Section 5. Canvass Procedures

5.1 Processing Voter Registration Applications

A. Election Directors shall process each VRA that is received as part of a completed provisional

ballot packet:

1. If the VRA is received before Election Day and before the precinct registers have been

printed, as soon as practicable after the precinct registers have been printed;

2. If the VRA is received before Election Day and after the precinct registers have been printed,

as soon as practicable after it is received; or

3. If the VRA is received on Election Day, as soon as practicable after the polls close.

B. Voter notification cards (VNCs) should be sent out on the Wednesday following the election.

C. Election Directors are encouraged to work with their local postal representatives to make sure that

the VNCs receive top priority.

5.2 Convening of the Local Board to Canvass Provisional Ballots.

The local board members shall assemble to canvass the provisional ballots on:

A. The second Wednesday following a gubernatorial primary election; or

B. The second Friday following all other elections.

5.3 Review of the Temporary Certificate of Registration

A. The local board shall reject a provisional ballot if:

1. When processing the VRA, the Election Director determines that the voter voted at the wrong

polling place;

2. The voter notification card (VNC) was returned as undeliverable;

3. The voter does not meet the qualifications to register to vote; or

4. The voter was issued more than one ballot.

B. If the provisional ballot is not rejected pursuant to Subsection A, the board shall examine the

provisional ballot application and reject the provisional ballot if:

1. The asserted date of the registration attempt is after the registration closing deadline for that

election;

2. The application is not completely and properly filled out;

E-6
EXHIBIT E-l (continued)

GUIDELINES FOR ADMINISTRATION OF PROVISIONAL BALLOTS

Final Draft 1

3. The application is not properly signed by the voter and the provisional ballot judge;

4. An assertion in the provisional ballot application relating to an action of the local board is

wrong and, without the assertion, the provisional ballot application fails to justify the casting

of a provisional ballot (see subsection D of this section);

5. The form of photographic identification used is not acceptable; or

6. The agency where the voter claims to have attempted to register to vote is not a Voter

Registration Agency.

C. The local board may not challenge an assertion made by a voter in a provisional ballot application

unless the assertion relates directly to an action of the local election office. For example:

1. If the voter claims to have attempted to register to vote at the MVA, the local board may not

challenge that fact by contacting the MVA and determining whether the voter actually

received service on the date indicated.

2. If the voter claims that the local election office staff failed to accept his or her registration,

the local board could, based on information from the office staff, challenge the accuracy of

that assertion, (also see Tab 7)

D. The Election Director shall keep a log (see Tab 8)noting the status of each TCR including:

1. Whether it was rejected or approved; and

2, If rejected, the reasons why.

5.4 Canvass of Provisional Ballots

A. When the board has determined that a TCR is acceptable, the board shall open the provisional

ballot envelope and any secrecy envelope and remove the ballot.

B. The procedure for removing ballots from the envelopes and reviewing the ballots shall be the

same as the procedures used for removing absentee ballots from their envelopes.

5.5 Counting and Reporting Results

After the election, the local board shall:

A. Convene to canvass the absentee ballots on the Thursday following the election;

B. After holding back 5 absentee ballots per ballot style, count the absentee ballots cast;

C. Store the memory cartridge used for the absentee count;

D. Convene to canvass the provisional ballots on:

1. The second Wednesday following a Gubernatorial Primary Election;

2. The second Friday following all other elections.

E. Use a new memory cartridge to count:

1. The provisional ballots;

2. The absentee ballots that were held back; and

3. The overseas absentee ballots.

F. Add the results to the absentee ballot results.

Section 6. Post Election Procedures.

6.1. Voter Notification.

A. If, within 10 days after the election, the Election Director receives a request from a provisional

voter as to the status of the voter's provisional ballot, the Election Director shall send written

confirmation that the application and ballot were either accepted or rejected, (see Tab 5)

B. If the application and ballot were rejected, the Election Director shall state the reason why.

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EXHIBIT E-l (continued)

GUIDELINES FOR ADMINISTRATION OF PROVISIONAL BALLOTS

Final Draft 1

6.2 Storage of Materials.

A TCR that is submitted to a local board shall be retained for not less than 22 months following the

election. If a provisional ballot application was rejected, the ballot shall remain sealed inside the

provisional ballot application envelope or in any other form in which it was received from the voter.

6.3 Record Keeping and Reporting.

A. Each local board shall keep a record of the following information:

1. The number of provisional ballot packets issued before Election Day;

2. The number of provisional ballot packets issued on Election Day;

3. The number provisional ballot packets completed and brought to the local board for review;

4. The number of provisional ballots rejected, broken down by rejection reason; and

5. The number of provisional ballots accepted.

B. Within three days after the canvass, each Election Director shall report to the State Administrator:

1. The information required under subsection A of this section, and

2. Any critical issues or areas of concern relating to the provisional ballot process during the

election.

E-l
APPENDIX F

ELIGIBILITY REQUIREMENTS FOR PROVISIONAL VOTING

Stat

Colorado

Eligibility Requirements*

Alaska 1. Voter's name is not on the official registration list.

2. Voter desires to use a new name.

3. Voter claims to be a registered voter but no evidence of registration in the precinct can

be found.

4. Voter's registration is inactive.

5. Voter cannot exhibit a required form of identification.

6. Voter failed to obtain a transfer of registration to a new precinct.

7. Voter's qualifications are questioned.

Arizona 1. Voter moved from the address at which the voter was registered to another addres

within the same county and failed to notify the county recorder of the change of address

before the date of an election.

2. Voter's name does not appear on the precinct register

Arkansas 1. Voter's name is not on the precinct voter registration list, the precinct election official is

unable to verify with the county clerk the voter's registration within the county (and if the

county is divided into more than one congressional district, within the same congressional district), and the voter contends that he or she is eligible to vote.

2. An absentee ballot was sent to the voter according to the poll books.

California 1. Voter claims to be properly registered but the voter's qualification or entitlement to vote

cannot be immediately established upon examination of the index of registration for the

precinct or upon examination of the records on file with the county elections official.

2. Absent voter unable to surrender his or her absent voter's ballot.

3. Voter moved from one address to another within the same county, has not registered

to vote at the new address, and elects to vote in the precinct of his or her current address

or at the office of the county elections official or other central location designated by that

official.

1. Voter claims to be properly registered but the voter's qualification to vote cannot be

immediately established upon examination of the registration list for the precinct or upon

examination of the records on file with the county clerk.

2. Voter to whom an absentee ballot has been mailed or delivered has not returned the

absentee ballot to the county clerk and recorder or designated election official and elects

to vote a provisional ballot at the voter's polling location in lieu of returning the absentee

ballot.

3. Voter was registered to vote in another county before the close of the registration, had

no knowledge that he or she was required re-register with the county clerk and recorder

within the prescribed period after a change of residence to a new county, and has not

and will not cast a voter in the election in the county of previous residence.

4. Voter applied to vote prior to the close of registration by federal postcard application,

by mail registration application or at a designated voter-registration agency and, if appcable, is able to provide the name and local of and the approximate date of registration

application at the voter-registration agency.

'—The eligibility requirements include requirements prescribed by statute, regulation, or practice.

F-l
State Eligibility Requirements*

District of Columbia 1. Voter listed as an absentee voter on the alphabetical list of registered voters in the

precinct claims he or she has not voted by absentee ballot.

2. Voter listed on the alphabetical list of registered voters in the precinct claims in a primary election that the party affiliation indicated on the listing is in error.

3. Voter alleges that his or her name has been erroneously omitted from or erroneously

printed on the list of registered voters.

4. Voter who moved from the address listed on the registration records and did not notify

the Board of Elections and Ethics of the voter's current address by the registration deadline presents himself or herself to vote at the precinct serving his or her current residence

address.

5. Voter deemed "inactive" on the voter roll presents himself or herself to vote at the address serving his or her current residence address.

6. Voter's qualifications to vote are challenged pursuant to a written challenge made by

a duly authorized watcher or the precinct captain and the challenge is accepted by the

precinct captain after hearing comments from both parties.

7. Voter is challenged because a voter-registration notification mailed to him or her as a

new registrant was returned by the U.S. Postal Service during the 30-day period immediately before an election, indicating the voter does not reside at the address of voter

registration.

8. Voter wishes to vote in a precinct other than that serving the voter's address because

of age, handicap, or limitation of health.

9. Voter is employed by the Board of Elections and Ethics or by the District and performs

election duties that prevent the voter from voting in the voting precinct serving the voter's

current residence address.

Florida 1. Voter's name is not on the precinct register and the poll worker is unable to verify

whether or not the person is a registered voter of the county.

2. Voter's name is not on the precinct register and the poll worker verifies that the voter is

not registered in the county, but the voter maintains that he or she is entitled to vote.

3. Voter's name is on the precinct register with an indication that he or she has received

an absentee ballot and the poll worker is unable to verify whether the absentee ballot has

been returned to the supervisor of elections.

4. Voter's name is on the precinct register with an indication that he or she has received

an absentee ballot and the poll worker confirms that the supervisor has received the

voted absentee ballot, but the voter maintains that he or she has not returned the absentee ballot.

5. Voter's name is not on the precinct register but the voter has completed either a

change-of-name or change-of-residence address affidavit and the poll worker is unable

to verify whether the person is a registered voter of the county.

Georgia Provisional ballot: Voter believes that he or she has timely registered to vote but the

voter's name does not appear on the list of registered electors and it cannot be immediately determined that the voter did timely register to vote.

Challenged ballot: Right of a voter whose name appears on the list of electors to vote is

challenged and a hearing conducted by the registrars on the challenge cannot be completed on election day.

*—The eligibility requirements include requirements prescribed by statute, regulation, or practice.

F-2
State Eligibility Requirements*

Hawaii Voter's right to vote is challenged on the ground either that the voter is not the person the

voter alleges to be or that the voter is not entitled to vote in the precinct and the challenger or challenged voter appeals the ruling of the precinct officials to the county board

of registration.

Indiana Voter's name does not appear on the registration list and the voter is not otherwise permitted to vote pursuant to fail-safe voting procedures.

Iowa 1. Voter's name does not appear on the election register of a precinct, the county commissioner of elections cannot find a record of the person's registration, and the voter

insists that he or she is a registered voter of that precinct.

2. Voter's status as a registered voter is challenged by a precinct election official or registered voter and the challenge is not withdrawn after examination under oath of the voter.

Kansas 1. Voter who an election judge knows or suspects is not qualified as an elector.

2. Voter moved from an address in the registration book to another address in the same

county.

3. Voter has not moved but the registration list indicates otherwise.

4. Voter changes name by marriage, divorce, or legal proceeding.

5. Voter moved from an address on the registration list to another address in the county

but has not re-registered.

Maine Voter's right to vote has been challenged because (1) the voter is not a registered voter,

(2) the voter is not enrolled in the proper party (if voting in a primary election), (3) the voter

is not qualified to be a registered voter because the voter is not at least 18 years of age,

a citizen of the United States, or a resident of the municipality or appropriate electoral

district within the municipality, (4) the voter did not properly apply for an absentee ballot,

(5) the voter did not properly complete the affidavit on the absentee return envelope, (6)

the voter did not cast the ballot or complete the affidavit before the appropriate witness,

(7) the voter engaged in a prohibited communication, (8) the voter did not have the ballot

returned to the clerk by the time prescribed, (9) the voter voted using the name of another, (10) the voter committed any other specified violation of the election law, or (11) the

voter voted using the wrong ballot for the appropriate electoral district.

Maryland 1. Voter whose voter-registration information is not included in the precinct register is currently registered in another county but has moved to a new county where he or she seeks

to vote.

2. Voter whose voter-registration information is not included in the precinct register made

a timely effort within the last two years to vote or update a voter-registration record and,

following the transaction, believed in good faith that, without further action on the part of

the applicant, the requirements for registration or for updating the registration record had

been satisfactorily completed.

Massachusetts 1. Voter asserts the right to vote but is not permitted to vote.

2. Voter is challenged for any legal cause.

3. Voter fails to present suitable written identification.

*—The eligibility requirements include requirements prescribed by statute, regulation, or practice.

F-3
State Eligibility Requirements*

Michigan 1. Voter is unable to present a receipt for a vote-registration application but signs an affidavit affirming that application was made, completes a new application, and provides

sufficient picture identification.

2. Voter is not a qualified and registered elector of the precinct.

3. Voter's name does not appear in the registration book, precinct voting list, or qualified

voter file.

4. A challenge appears in connection with the voter's name in the registration book.

5. Voter previously applied for an absent voter ballot and claims to have never received

the ballot or to have or destroyed the ballot.

Mississippi

New York

Voter's name does not appear on the pollbook.

Missouri Voter claims to be properly registered in the jurisdiction of the election authority and

eligible to vote but the voter's eligibility cannot be immediately established upon examination of the precinct register or upon examination of the records on file with the election

authority.

Nebraska Conditional ballot: Voter moved to a new residence within the same county and has

continuously resided in such county since registering to vote but the new residence is in

a different precinct and the voter-registration register has not been updated to reflect the

move.

Provisional ballot: Voter is registered to vote but the voter's name does not appear in the

voter-registration register.

New Jersey 1. Voter moved within the same county after the time for filing an application for a change

of residence without having made application for a change of residence.

2. Voter has not returned a confirmation notice sent to the voter by the county commissioner of registration.

3. Voter has not moved since the previous election but the voter's registration information

is missing or otherwise deficient.

4. Voter otherwise failed to notify the county commissioner of registration of the voter's

change of address within the county.

New Mexico Voter's name does not appear on the voter list and signature roster for the precinct in

which the voter offers to vote and the voter is entitled to vote pursuant to the National

Voter Registration Act of 1993 (i.e., the voter moved within the same precinct, the voter

moved from one precinct to another with the same county clerk's jurisdiction, or the voter

did not move but the voter-registration records show that he has).

1. No registration poll record for a voter can be found in the poll ledger.

2. Voter's name does not appear on the computer-generated registration list.

3. Voter's signature does not appear next to the voter's name on the computer-generated

registration list.

4. Voter's registration poll record or computer-generated registration list does not show

voter to be enrolled in the party in which the voter claims to be enrolled.

-The eligibility requirements include requirements prescribed by statute, regulation, or practice.

F-4
State Eligibility Requirements*

North Carolina Provisional Ballot (Fail Safe):

1. Registered voter in the county moved into the precinct 30 days or more prior to the

election and did not report the change to the board of elections.

2. Voter claims to have applied for voter registration in the county but there is no record

of the voter's name on the registration records.

3. Voter was removed from the registration list, but maintains continuous eligibility within

the county.

4. Voter disputes the voting districts (and ballots) to which the person has been assigned.

Challenged ballot: Challenged voter submits an application for challenged ballot to the

chief judge of election of the precinct after the chief judge and judges of election of the

precinct sustained a challenge that the voter (1) is not a State resident, (2) is not a resident of the county or precinct in which the voter is registered, (3) is not 18 years of age,

(4) has been adjudged guilty of a felony and is ineligible to voter under State law, (5) is

dead, (6) is not a U.S. citizen, (7) is not a resident of the municipality in which the voter is

registered (with respect to municipal registration only), (8) has already voted, or (9) is not

the person he or she represents himself or herself to be.

Ohio 1. Voter moved from one precinct to another within a county on or prior to election day

and did not file a notice of change of residence with the board of elections.

2. Voter moved from one precinct to another and changed his or her name on or prior to

election day and did not file a notice of change of residence and change of name with the

board of elections.

3. Voter moved from one county to another county within the State on or prior to election

day and did not register to vote in the county to which the voter moved.

Oregon Provisional ballot (mail elections):

1. Voter's eligibility has not yet been determined.

2. Voter resides in another county.

Provisional ballot (polling-place elections): Voter for whom no evidence of active or inactive registration can be found.

Challenged ballot (polling-place elections): Voter whom the clerk or another voter knows

or suspects not to be qualified as an elector.

South Carolina Provisional ballot (Fail Safe):

1. Voter moved from an address in one precinct to an address in another precinct and

failed to notify the board of registration of the change of address.

2. Voter moved to another county within the 30-day period before an election and failed

to notify the board of registration of the change of address.

Provisional vote (Challenge):

1. Voter's name does not appear on the registration book

2. Person who may be known or suspected not to be a qualified voter.

*—The eligibility requirements include requirements prescribed by statute, regulation, or practice.

F-5
Stat Eligibility Requirements*

Utah 1. Voter's name is not found on the official register.

2. Voter is registered to vote in another voting precinct but has changed residence to a

new voting precinct and has not registered to vote in that voting precinct and the new

voting precinct is in the same county and congressional district as the voter's previous

voting precinct.

3. Voter's right to vote is challenged by another person who has alleged that (1) the voter

is not the person whose name appears in the official register and under which name the

right to vote is claimed, (2) the voter is not a resident of Utah, (3) the voter is not a U.S.

citizen, (4) the voter has not or will not have resided in Utah for 30 days immediately before the date of the election, (5) the voter does not live in the voting precinct, (6) the voter

does not live within the geographic boundaries of the entity holding the election, (7) the

voter's principal place of residence is not in the voting precinct, (8) the voter's principal

place of residence is not in the geographic boundaries of the election area, (9) the voter

has voted before in the election, (10) the voter is not at least 18 years old, (11) the voter is

involuntarily confined or incarcerated in jail or prison and was not a resident of the entity

holding the election before the voter was confined or incarcerated, (12) the voter is a convicted felon and is incarcerated for the commission of a felony, or (13) in a regular primary

election, the voter does not meet the political party affiliation criteria established by the

political party whose ballot the voter seeks to vote.

Virginia Voter's name does not appear on the precinct registered voter list and the general registrar is not available or cannot State that the person is registered to vote.

Washington Special ballot:

1. Voter's name does not appear in the poll book.

2. There is an indication in the poll book that the voter requested or was issued an absentee ballot but the voter wishes to vote at the polls.

3. There is a question on the part of the voter concerning the issues or candidates on

which the voter is qualified to vote.

4. Voter's registration was canceled in error.

5. Other circumstances as determined by the precinct election official.

Challenged ballot: Voter's right to vote is challenged on the ground that (1) the voter is unqualified, (2) the voter no longer maintains a legal voting residence at the address shown

on the registration record, (3) the voter is not 18 years or over, (4) the voter is not a U.S.

citizen, or (5) the voter has not lived in the State, county, and precinct 30 days immediately preceding the election.

West Virginia 1. Voter's registration record is not available at the time of the election.

2. Signature written by the voter in the poll book does not correspond with the signature

purported to be the voter's on the registration record.

3. Voter is not eligible or duly registered to vote.

4. Voter's registration record lists one residence address but the voter has since moved to

another address in a different precinct in the same county.

5. Voter's registration record indicates any other legal disqualification (e.g., voter voted an

absentee ballot).

Wyoming Voter's right to vote is challenged on the ground that (1) the voter is not a qualified elector,

(2) the voter is not entitled to vote in the precinct, (3) the voter is not the person he or she

represents himself or herself to be, or (4) the voter has already voted.

-The eligibility requirements include requirements prescribed by statute, regulation, or practice.

F-6

For information about other

Innovations in Election Administration publications,

contact

Office of Election Administration

Federal Election Commission

999 E. Street, N.W.

Washington, D.C. 20463

Toll Free 800/424-9530

Direct 202/649-1094

FAX 202/219-8500