What to know on Election Day - Provisional balloting (con't)

This will be a very long post. To make it easier for the reader, all state names are in red.

Continuing on the subject of provisional ballots, this time with the February primaries -

February 2 - South Carolina
Where a person's name could not be verified by the registration board or where a telephone was not available and the person was allowed to vote a provisional ballot, the Board of Voter Registration, before the meeting, must certify to the authority in charge whether or not the voter is a qualified elector of the precinct in which he voted his provisional ballot. If the board certifies the person challenged is not a qualified elector of the precinct, this certification is considered an administrative challenge and is clear and convincing evidence for the meeting authority to disallow the ballot.

February 5 - the following 23 states

Alabama
The procedure for casting a provisional ballot at the polling place shall be as follows: The individual shall execute a written affirmation by the individual before the inspector or clerk stating the following: I do solemnly swear (or affirm) that I am a registered voter in the precinct in which I am seeking to vote and that I am eligible to vote in this election.

Arizona
A qualified elector whose name is not on the precinct register, upon presentation of identification verifying the identity of the elector that includes the voter's given name and surname and the complete residence address that is verified by the election board to be in the precinct or on signing an affirmation that states that the elector is a registered voter in that jurisdiction and is eligible to vote in that jurisdiction, shall be allowed to vote a provisional ballot.

Arkansas
When a voter provides his or her name, address, and date of birth to an election official at the poll, and the voter’s name is not on the precinct voter registration list, the election official must:
1) Contact the county clerk’s office to verify the voter’s registration status, and
2) Allow the voter to cast a REGULAR ballot (if the county clerk informs the election official that the voter is listed as a registered voter of the precinct), or
3) Allow the voter to cast a REGULAR ballot (if the county clerk informs the election official that the voter transferred his or her registration from another county not later than four (4) days before the election and that the voter is at the correct poll in the new county of registration), or
4) Send the voter to his or her correct polling site where the voter may cast a REGULAR ballot (if the county clerk informs the election official that the voter is listed as a registered voter at a different precinct in the county), or
5) Allow the voter to cast a PROVISIONAL ballot at the disputed polling site (if the county clerk’s office informs the election official that the voter is listed as a registered voter at a different precinct in the county, but the voter insists that he or she is at the correct polling site), or
6) Allow the voter to cast a PROVISIONAL ballot (if the county clerk’s office is unable to verify the voter’s registration, but the voter contends that he or she is both registered in the precinct in which he or she desires to vote and is eligible to vote)

California
The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official. (A) If the ballot cast by the voter contains the same candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the entire ballot. (B) If the ballot cast by the voter contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count only the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct.

Colorado
(Any provisional ballot given an acceptance code shall be counted. However codes ADB, AEJ & AFS apply under those circumstances where only the state and federal races, issues and questions upon which the elector may vote shall be counted):
ADB: Election official is knowledgeable that the elector was erroneously sent to the wrong precinct or erroneously given the wrong ballot style in the elector’s correct precinct. Voted ballot will be duplicated and only races and issues for which the elector is qualified to vote shall be counted.
AEJ: Election judge who was appointed after close of early and absentee voting and is working outside his or her precinct; judge shall vote on a ballot in the precinct in which he or she is working; voted ballot will be duplicated so that only the races and issues for which the judge is qualified to vote shall be counted.
AFS: Voter is registered in the county but is voting in the wrong precinct or the voter moved from the county in which the voter was registered to another county in the state less than thirty days before the election. Only the votes for federal and statewide offices and statewide ballot issues and questions upon which the voter may vote shall be counted.

Connecticut
An individual may apply for and be issued a provisional ballot if the individual appears at the polling place and declares that such individual is an elector in the town in which the individual desires to vote and that the individual is eligible to vote in the primary or election for federal office in the polling place, but the name of the individual does not appear on the official registry list for such polling place. Counted if cast in correct precinct.

Delaware
Provisional ballots cast by persons who are not registered to vote in the state or who are not registered to vote in the election district [precinct] in which they were cast shall be set aside, not opened and the votes not tallied. Counted if cast in correct precinct.

Georgia
If the person appears at a precinct in a county or municipality in which the person does not reside, the registrars shall instruct the poll officers to direct the person to contact the registrars in the county in which the person resides to determine in which precinct such person should vote.
If the poll officers cannot get in touch with the registrars after making a reasonable effort to do so, the poll officers shall be authorized to permit the person to vote a provisional ballot at the precinct without additional authorization from the registrars. In such case, all votes cast by such person for candidates for whom such person is properly entitled to vote shall be counted and all votes cast for candidates for whom such person is not properly entitled to vote shall be void and shall not be counted in accordance with O.C.G.A. § 21-2-419(c). Counted if cast in correct jurisdiction.

Illinois
If a county clerk or board of election commissioners determines that all of the following apply, then a provisional ballot is valid and shall be counted as a vote: The provisional voter cast the provisional ballot in the correct precinct based on the address provided by the provisional voter. The provisional voter's affidavit shall serve as a change of address request by that voter for registration purposes for the next ensuing election if it bears an address different from that in the records of the election authority.

Kansas
When a registered voter has cast a provisional ballot intended for a precinct other than the precinct in which the voter resides but located within the same county, the canvassers shall count the votes for those offices or issues which are identical in both precincts. The canvassers shall not count the votes for those offices or issues which differ from the offices or issues appearing on the ballot used in the precinct in which the voter resides. (Counted if cast in correct jurisdiction)

Michigan
The voter must complete the affidavit in order to receive a provisional ballot.
EXCEPTION #1: If the voter is in the proper polling place and is able to produce a voter registration receipt that shows that he or she registered to vote before the registration deadline, there is no need to complete the affidavit. Instead, arrange to have the voter complete another registration form. After the voter has completed the registration form, permit the voter to vote under regular procedure.
EXCEPTION #2: If the clerk determines that the voter is registered to vote in a different precinct and the voter is willing to travel to his or her proper polling place, there is no need to complete the affidavit. Instead, give the voter directions to his or her proper polling place. (If the voter declines to travel to his or her proper polling place, issue an “envelope” ballot to the voter. In such an instance, inform the voter that his or her ballot will not count if it is confirmed that the voter is voting in the wrong polling place.

Missouri
A voter claiming to be properly registered in the jurisdiction of the election authority and eligible to vote in an election, but whose eligibility at that precinct cannot be immediately established upon examination of the precinct register, shall be entitled to vote a provisional ballot after providing a form of personal identification or upon executing an affidavit. If the voter declares that the voter is eligible to vote and the election authority determines that the voter is eligible to vote at another polling place, the voter shall be directed to the correct polling place or a central polling place as established by the election authority. If the voter refuses to go to the correct polling place or a central polling place, the voter shall be permitted to vote a provisional ballot at the incorrect polling place, but such ballot shall not be counted if the voter was not eligible to vote at that polling place.

Montana
Provisional voting in person. (1) Before being given a ballot, an elector casting a provisional ballot: (b) shall sign an affirmation in a form prescribed by the secretary of state swearing that, to the best of the elector's knowledge, the elector is eligible to vote in the election and precinct and is aware of the penalty for false swearing. Counted if cast in correct precinct.

New Jersey
If, for any reason, a provisional ballot voter votes a ballot other than the ballot for the district in which the voter is qualified to vote, the votes for those offices and questions for which the voter would be otherwise qualified to vote shall be counted. All other votes shall be void.

New Mexico
A person shall be permitted to vote on a provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster, provided the person's residence is within the boundaries of the county in which the person offers to vote.

New York
Whenever a voter presents himself and offers to cast a ballot, and the address at which he claims to live is in the election district in which he seeks to vote but no registration poll record can be found for him in the poll ledger or his name does not appear on the computer generated registration list or his signature does not appear next to his name on such computer generated registration list or his registration poll record or the computer generated registration list does not show him to be enrolled in the party in which he claim to be enrolled, he shall be permitted to vote only as hereinafter provided: He may swear to and subscribe an affidavit stating that he has duly registered to vote, the address in such election district from which he registered, that he remains a duly qualified voter in such election district, that his registration poll record appears to be lost or misplaced or that his name and/or his signature was omitted from the computer generated registration list or that he has moved within the county or city since he last registered, the address from which he was previously registered and the address at which he currently resides, and at a primary election, the party in which he is enrolled. The inspectors of election shall offer such an affidavit to each such voter whose residence address is in such election district.

North Carolina
Any individual who is a registered voter in a county but whose name does not appear on the official list of registered voters at the voting place at which that voter appears shall be allowed to cast a provisional official ballot. Counted if cast in correct jurisdiction (county)

Oklahoma
A provisional ballot shall be counted only if it is cast in the precinct of the voter's residence and if evidence of the provisional voter's valid voter registration, or of the voter's identity, is found.

Pennsylvania
If it is determined that the individual voting the provisional ballot was eligible to vote in the county in which the ballot was cast but not at the election district where the ballot was cast, the county board of elections shall open the envelope and only count that portion of the ballot that the individual would have been eligible to vote in his proper election district and at the election district where the vote was cast if: (A) the county board of elections confirms that the individual did not cast any other ballot, including an absentee ballot, in the election; and (B) the individual casting the provisional ballot is a resident of the county in which the provisional ballot was cast. (ii) In the event that the individual casting the provisional ballot is not found to be a resident of the county in which the provisional ballot was cast, the ballot shall not be counted.

Rhode Island
An individual shall be eligible to cast a provisional ballot if:
1) he/she declares that he/she is a registered voter and eligible to vote in the community in which he/she desires to vote but is informed by an election official on election day that his/her name does not appear on the official list of registered voters for the voting district or the community; or
2) an election official asserts that the individual is not eligible to vote; or
3) he/she registered to vote by mail but fails to provide the requisite identification prior to or at the time of voting.
Counted if cast in correct jurisdiction.

Tennessee
If the central provisional ballot counting board determines that the person should not have been registered to vote in the precinct where the voter cast the ballot or that the voter has previously cast a ballot in the election in a different precinct, the provisional ballot envelope shall not be opened nor its provisional ballot affidavit removed, but it shall be marked "Rejected" across its face with the reason for rejection written on it and signed by at least two (2) members of the central provisional ballot counting board. It shall then be placed in the container of rejected absentee ballots. A list shall be made of such rejected ballots, and the administrator shall notify the voters by mail of the rejection and the reason for such rejection.


Texas
A person may cast a provisional ballot if the person executes an affidavit stating that the person: (1) is a registered voter in the precinct in which the person seeks to vote; and (2) is eligible to vote in the election.

Utah
If the person's name is not found on the official register; the poll worker shall request that the person provide valid voter identification; and review the identification provided by the person. If the poll worker is satisfied that the person has provided valid voter identification that establishes the person's identity and residence in the voting precinct: the poll worker in charge of the official register shall record in the official register the type of identification that established the person's identity and place of residence; write the provisional ballot envelope number opposite the name of the voter in the official register; and direct the voter to sign his name in the election column in the official register; another poll worker shall list the ballot number and voter's name in the pollbook; and the poll worker having charge of the ballots shall endorse his initials on the stub; check the name of the voter on the pollbook list with the number of the stub; give the voter a ballot and a provisional ballot envelope; and allow the voter to enter the voting booth.
If the poll worker is not satisfied that the voter has provided valid voter identification that establishes the person's identity and residence in the voting precinct the poll worker in charge of the official register shall record in the official register that the voter did not provide valid voter identification; record in the official register the type of identification that was provided by the voter, if any; write the provisional ballot envelope number opposite the name of the voter in the official register; and direct the voter to sign his name in the election column in the official register; another poll worker shall list the ballot number and voter's name in the pollbook; and the poll worker having charge of the ballots shall endorse his initials on the stub; check the name of the voter on the pollbook list with the number of the stub; give the voter a ballot and a provisional ballot envelope; and allow the voter to enter the voting booth.

February 9 - Louisiana
In an election for federal office, when an applicant's name does not appear on the precinct register and the registrar of voters has not authorized the applicant to vote by affidavit, or the commissioners assert that the applicant is not eligible to vote, and the applicant declares himself to be a registered voter and eligible to vote in the election for federal office, the applicant may cast a provisional ballot for candidates for federal office. Procedure for provisional voting for federal office at a polling place: The applicant shall first fill in the blanks on the provisional ballot envelope flap and sign the certificate on the envelope flap in the presence of a commissioner attesting that he is a registered voter in the parish and is eligible to vote in the election for federal office. A provisional voter must certify that he is a registered voter in the parish and is eligible to vote in the election for federal office.....If a voter is registered to vote in another precinct, send them to the correct precinct to vote. If the voter insists on voting in the incorrect precinct, the commissioners will issue a federal provisional ballot to the individual and he voter will sign his name on the list behind the provisional voters tab in the Precinct Register. **Note: The individual will not be allowed to vote on any state, parish, or municipal races or propositions.

February 12 - Maryland
An individual is eligible to cast a provisional ballot if the individual declares in a written affirmation submitted with the provisional ballot that the individual is a registered voter in the State and is eligible to vote in that election; and the individual's name does not appear on the precinct register; or an election official asserts that the individual is not eligible to vote; or
the individual does not have the necessary identification.

February 12 - Virginia
When a person offers to vote and the general registrar is not available or cannot state that the person is registered to vote, then such person shall be allowed to vote by paper ballot. The electoral board shall meet on the day following the election and determine whether each person having submitted such a provisional vote was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. If the electoral board determines that such person was not entitled to vote as a qualified voter in the precinct in which he offered the provisional vote, or is unable to determine his right to vote, the envelope containing his ballot shall not be opened and his vote shall not be counted.

February 19 - Wisconsin
Counted if cast in correct precinct. Is an election-day registration state, provisional ballots only offered if voter is required to show ID and cannot provide ID. Provisional ballots will not be given when a voter is at the wrong polling place or when a person is attempting to register in-person at the polling place and does not have proof of residence.

Whew!

-- Spambot #4750