Provisional ballot

A provisional ballot is used to record a vote when there is some question in regards to a given voter's eligibility. A provisional ballot would be cast when:
*The voter refuses to show a photo ID (in regions that require one)
*The voter's name does not appear on the electoral roll for the given precinct.
*The voter's registration contains inaccurate or out-dated information such as the wrong address or a misspelled name.
*The voter's ballot has already been recorded

Whether a provisional ballot is counted is contingent upon the verification of that voter's eligibility.

A guarantee that a voter could cast a provisional ballot if he or she believes that they are entitled to vote was one of the guarantees of the Help America Vote Act of 2002.

History

The right of political parties to have observers at polling places is old. [Title XIV, Chapter 5, Sec. 4922, [http://www.archive.org/details/electionlawsofst00ohiorich The Election Laws of the State of Ohio] , Ohio Secretary of State, 1920.] One of the established roles for such observers is to act as challengers, in the event that someone attempts to vote at the polling place who is not eligible to vote. [ [http://www.sos.state.mn.us/docs/challenger_faq_2008.pdf Election Day "Challengers"] , [http://www.sos.state.mn.us/ Minnesota Secretary of State] , June 2008.]

When a voter's right to vote was challenged, state laws typicallyallowed them to cast a "challenged ballot". After the polls closed, the canvassing board was then charged with examining the challenged ballots and determining whether the challenge was to be upheld or not. [Greg Brown, [www.earlcarl.org/publications/provisional%20ballots.pdf The Provisional Ballot vs. Challenged Ballot] , Nov. 16, 2005.]

The right to a provisional ballot, as enacted by the Help America Vote Act, brings a degree of uniformity to the array of various challenged ballot rules enacted by various states.

Potential Problems

At their best, provisional ballots provide voters who would otherwise be turned away from the polls to have their vote counted, but at their worst, the offer of a provisional ballot can be "a way to brush off troublesome voters by letting them think they have voted." [Douglas W. Jones, [http://www.cs.uiowa.edu/~jones/voting/cbc2004.shtml Reliability of US Voting Systems] , Prepared Remarks for the Congressional Black Caucus Hearing on election preparednessOctober 7, 2004.]

In the 2004 US Presidential Election, controversy arose out of arguments regarding the interpretation of the criteria for determining the eligibility of voters using provisional ballots. Many allege that these discrepancies of interpretations, particularly in Ohio, may have been a deciding factor in the outcome of the election. In the 2004 election, at least 1.9 million provisional ballots were cast, and 676,000 were never counted due to various states' rules on counting provisional ballots. [ [http://nationaljournal.com/about/njweekly/stories/2006/1103nj1.htm Let The Recounts Begin (National Journal)] ]

Studies of the use of provisional ballots in the 2006 general election in the United States show that around 21% of provisional ballots were rejected, where the majority of rejected ballots were cast by registered voters and the majority of rejections were for reasons that were preventable. [ [http://www.advancementproject.org/pdfs/Provisional-Ballot-Report-Final-9-16-08.pdf Provisional Voting: Fail-Safe Voting or Trapdoor to Disenfranchisement] , [http://www.advancementproject.org/ Advancement Project] , Sept. 16, 2008]

References

External links

* [http://www.enquirer.com/midday/11/11032004_News_mday_ohprez04.html "Provisional ballots could decide election"] ("The Cincinnati Enquirer")
* [http://www.gregpalast.com/kerry-won-ohio-rn-just-count-the-ballots-at-the-back-of-the-bus "KERRY WON OHIO - JUST COUNT THE BALLOTS AT THE BACK OF THE BUS"] (by Greg Palast)
* [http://media.washingtonpost.com/wp-dyn/articles/A20565-2004Nov3.html "20 Crucial Electoral Votes May Be Stuck in Limbo"] ("Washington Post")