§21082 Provisional Voting and Voting Information Requirements

Summary

If a person says they are a registered voter in that area and eligible to vote in a federal election, but their name is not on the poll list or an official says they are not eligible, the person must be allowed to cast a provisional ballot. A poll worker must tell them they can do this. The voter must sign a short written statement at the polling place saying they are registered and eligible. The ballot or that statement is sent to the right state or local official to check. If that official finds the voter is eligible under state law, the provisional ballot will be counted under state rules. When someone casts a provisional ballot, they must be given written notice about how to check if their ballot was counted and why it might not have been. States must provide a free way to check, such as a toll-free number or a website, and must keep personal information private and available only to the voter. Each polling place must post voting information on election day, including a sample ballot, date and hours, voting and provisional-ballot instructions, rules for mail registrants and first-time voters, voting-rights contacts, and fraud rules. People who vote after polls close because of a court or other order tied to a state law in effect 10 days before the election may only use provisional ballots, and those ballots must be kept separate. These rules took effect January 1, 2004. Some states described in 20503(b) may meet these rules through their own registration procedures.