§21082 Provisional Voting and Voting Information Requirements

Summary

If someone says they are a registered voter and can vote in a federal election but their name is not on the list or a poll worker says they cannot vote, the person must be allowed to cast a provisional ballot. The voter signs a short written statement at the polling place saying they are registered and eligible. The poll worker sends the ballot or the statement to the local or state election official to check. If that official finds the person is eligible under state law, the provisional ballot will be counted under state rules. When the voter gets a provisional ballot, they must also get written instructions telling them how to check later whether their ballot was counted and, if not, why. The state or local office must set up a free way to check this, like a toll-free phone number or a website. On the day of each federal election, polling places must post voting information like a sample ballot, the election date and hours, how to vote and how to use a provisional ballot, instructions for mail-in registrants and first-time voters, basic voting rights and who to contact if rights are violated, and rules against fraud. If a court or other order issued within 10 days before the date of the election extends the time polls are open, people who vote because of that order may only use provisional ballots, and those ballots must be kept separate from other provisional ballots. States had to follow these rules starting January 1, 2004.