http://www.electionline.org/site/dav/html/brief1b.html Provisional Balloting
Beginning January 1, 2004, all states must provide provisional ballots to “persons who claim to be registered to vote in a federal election in a jurisdiction but are not on the official list of registered voters or are otherwise ineligible.”6 Additionally, the ballot must be counted, if deemed valid according to state law, and the voter must “be able to ascertain whether the ballot was counted (and if not, why not) through a free-access system and be informed of that option when the ballot is cast.”7
The seven states that use either an election-day registration system or no voter registration system – Idaho, Maine, Minnesota, New Hampshire, North Dakota, Wisconsin and Wyoming – are exempt from these requirements.8
As of February 2003, officials from only seven of the 43 non-exempt states and the District of Columbia said they believe that their current procedures are in compliance with this section of the new law. Pennsylvania waited until the passage of the Act last fall before it enacted provisional balloting rules, ensuring that it would be in compliance. Six other states – Hawaii, Indiana, Kansas, New York, Oregon and West Virginia – and the District of Columbia say the procedures that they used before last fall are compliant.
Of the 36 states that indicated they are not currently in compliance, this survey found that some states are closer than others to meeting the requirements. For example, Washington State, along with a number of other states, offers provisional balloting but must establish a free-access mechanism for voters to check the status of their ballots. State officials plan to accomplish this through a directive rather than through legislation.
Similarly, Utah instituted provisional voting in the 2002 elections, but according to the state’s election director Amy Naccarato, “we will need to make some changes to the process to include a Web site where voters can see if their ballot was counted or not.”9 She expects the legislature to address that missing element in this year’s session.
Other states have no prior experience with issuing and counting provisional ballots and must enact significant legislation to meet the bill’s mandates. Already this year, the South Dakota legislature, with the backing of election officials, enacted legislation which would create a provisional balloting system to comply with the Act.10 Several states have yet to introduce bills in this year’s sessions to address this area of the federal law, including Illinois – where the legislature failed to pass a provisional voting bill in 2002.
With the deadline for meeting this requirement coming in just ten months, this Briefing finds that a flurry of state legislation and administrative rules pertaining to provisional balloting has already begun.