1 TAC §§81.172 - 81.174
The Office of the Secretary of State, Elections Division,
proposes amendments to §§81.172 - 81.174, concerning procedures
for provisional balloting as required under Section 302 of the federal Help
America Vote Act of 2002 ("HAVA").
Ann McGeehan, Director of Elections, has determined that for the first
five-year period the amended sections are in effect there will be no fiscal
implications for state or local government as a result of enforcing or administering
the amended sections.
Ms. McGeehan has determined that for the first five-year period the amended
sections are in effect the public benefits expected as a result of adoption
of the amended sections will be to harmonize the provisional voting procedures
with one another, adopt further changes suggested by counties and local political
subdivisions, clarify the transfer responsibilities and procedures between
the custodian of election records (and/or early voting ballot board judge)
and voter registrar, address transfer procedures between voter registrars
when provisional ballots are cast in the wrong precinct, add language from
the late ballot counting rules of 1 TAC §81.37 to ensure consistency
when provisional ballots are counted electronically, and harmonize the rules
with changes in the provisional voting forms that have been created by the
Secretary of State. There will be no effect on individuals, small businesses
or micro-businesses. There will be no anticipated economic cost to the state
or local governments.
Comments on the proposal may be submitted to the Office of the Secretary
of State, Ann McGeehan, Director of Elections, P.O. Box 12060, Austin, Texas
78711.
The amendments are proposed under the Texas Election Code, §31.010,
which provides the Office of the Secretary of State with the authority to
adopt rules as necessary to implement the federal Help America Vote Act of
2002.
Statutory Authority: Texas Election Code, Chapter 31, Subchapter A, §31.003.
Texas Election Code §63.011 is affected by the amendments.
§81.172.Provisional Voting Procedures: Paper Ballot.
(a)
(No change.)
(b)
Eligibility to vote provisional ballots.
(1)
At all elections, the following individuals shall be eligible
to cast a provisional ballot:
(A) - (B)
(No change.)
(C)
A Voter who has applied for a ballot by mail, but has not
returned the ballot by mail
or cancelled the ballot with the main early
voting clerk
; or
(D) - (G)
(No change.)
(H)
A Voter who voted in another party's primary.
(2)
(No change.)
(c)
Polling Place Procedures for Hand-Counted Paper Ballot.
(1) - (4)
(No change.)
(5)
The Election Judge shall enter the Provisional Voter's
name on the
List
[
list
] of Provisional Voter's form.
(6) - (7)
(No change.)
(8)
The Election Judge shall check the reason under which the
Voter voted provisionally on the provisional ballot envelope. The reasons
include:
(A) - (D)
(No change.)
(E)
Voter on list of persons who voted early by mail, Voter
says he/she did not receive or return the ballot and refuses to cancel the
ballot with the Early Voting Clerk; [
or
]
(F)
First time Voter without any identification
;
[
.
]
(G)
Voter who voted after 7:00 p.m. due to
court order; or
(H)
Voter who voted in another party's primary.
(9) - (13)
(No change.)
(d)
Early Voting By Personal Appearance Provisional Ballot
Procedures.
(1) - (2)
(No change.)
(3)
When the Early Voting Ballot Board convenes, the early
voting ballot board shall separate the provisional ballot envelopes from the
regularly-cast
[
regularly cast
] ballots and place them in
a ballot box or transfer case for delivery to the Voter Registrar. The Voter
Registrar shall sign the List of Early Voting Provisional Voters to verify
receipt of the provisional ballot envelopes.
(4)
(No change.)
(e)
Provisional Ballot Affidavit Envelope transfer procedures
(1)
(No change.)
(2)
The Election Judge shall separate the Provisional Ballot
Affidavit Envelopes from regular ballots during the counting phase, and shall
secure the
regularly-counted
[
regular counted
] ballots
in Ballot Box Number 3 and secure the provisional ballots in Ballot Box Number
4.
(3) - (8)
(No change.)
(9)
The General Custodian shall place the voted Provisional
Ballot Affidavit
Envelopes
[
Envelope
] from all the election
day precincts into a ballot box or transfer case with the corresponding List
of Provisional Voters for each precinct.
(10) - (11)
(No change.)
(12)
A Poll Watcher
,
if available, may sign the
Summary of Provisional Ballots.
(f)
Transfer to Voter Registrar
(1)
(No change.)
(2)
If the Voter Registrar wishes to take possession of the
ballot box(es) or transfer case(s) containing the Provisional Ballot Affidavit
Envelopes
[
Envelope
] from the General Custodian of election
records on election night, the Voter Registrar must inform the General Custodian
of election records and post a Notice of Election Night Transfer no later
than 24 hours before election day. If the Voter Registrar makes this determination,
the Voter Registrar must go to the General Custodian's office and take possession
on election night.
(3) - (4)
(No change.)
(5)
The General Custodian of election records shall supply
the Voter Registrar with a sufficient number of seals to re-seal the ballot
box(es) or transfer case(s) containing the Provisional Ballot Affidavit Envelopes
once
his or
her review is completed.
(6) - (7)
(No change.)
(g)
Voter Registrar Review of Provisional Ballot Affidavit
Envelopes
(1)
No later than the third business day after election day,
the Voter Registrar shall complete the review of the Provisional Ballot Affidavit
Envelopes. As part of the review, the Voter Registrar shall review information
from the following sources to attempt to determine the Provisional Voter's
registration status:
(A)
the Department of Public Safety,
(B)
Volunteer Deputy Registrars, and
(C)
other records that may establish the Voter's
eligibility. The Voter Registrar must examine each Provisional Ballot Affidavit
Envelope, determine the Voter's registration status, and indicate the status
on the face of the Provisional Ballot Affidavit Envelope as one of the following:
(i)
[
(A)
] No record of voter registration
application on file in this county;
(ii)
[
(B)
] Registration cancelled on
________ (fill in date);
(iii)
[
(C)
] Registered less than 30 days
before the election;
(iv)
[
(D)
] Incomplete registration received,
but additional information not returned;
(v)
[
(E)
] Voter rejected for registration
due to ineligibility;
(vi)
[
(F)
] Registered to vote, but erroneously
listed in wrong precinct;
(vii)
[
(G)
] Registered to vote in a different
precinct within the county;
(viii)
[
(H)
] Information on file indicating
applicant completed a voter registration application, but it was never received
in the Voter Registrar's office; [
and/or
]
(ix)
[
(I)
] Voter erroneously removed
from list of registered voters
;
[
.
]
(x)
Voter is registered;
(xi)
Voter voted in another party's primary;
or
(xii)
Other: __________________ (with an explanation).
(2)
(No change.)
(3)
The Voter Registrar shall copy the Provisional Ballot Affidavit
Envelope of each Voter who was not registered to vote, who was registered
but whose information contains updated voter registration information, or
who was erroneously cancelled or listed in the wrong precinct
or for
any other reason the Voter Registrar deems necessary
.
(4)
For purposes of voter registration, the copied Provisional
Ballot Affidavit Envelope serves as an original voter registration application
or change form; the effective date will be calculated as thirty days from
the Election Date
at which the Provisional Ballot Affidavit Envelope
was submitted
.
(5)
If the residence address provided on the
Provisional Ballot Affidavit Envelope falls outside the Voter Registrar's
jurisdiction, the Voter Registrar shall forward a copy of the Provisional
Ballot Affidavit Envelope to the appropriate Voter Registrar. The effective
date of the transferred copy shall be calculated as thirty days from the election
date on which the Provisional Ballot Affidavit Envelope was originally submitted.
The original Provisional Ballot Affidavit Envelope shall be transferred to
the appropriate Voter Registrar after the preservation period upon the Voter
Registrar's request.
(6)
[
(5)
] The Voter Registrar shall keep
the Provisional Ballot Affidavit Envelopes
separated
by election
precinct during the review. The Voter Registrar shall replace the Provisional
Ballot Affidavit Envelopes in the
same ballot
boxes
or other
containers
in which the Provisional Ballots Affidavit Envelopes were
originally received for transfer to the Early Voting Ballot Board
or
General Custodian of election records, as designated by the General Custodian
of election records
, along with the List of Provisional Voters for each
precinct. The copy of the Summary of Provisional Ballots is returned to the
General Custodian. The box is relocked and resealed in the same manner in
which it was received. The serial number of the seal shall be recorded on
the Verification of Provisional Ballots and Serial Number form.
(7)
The General Custodian of the election
records or the Early Voting Ballot Board Judge shall pick up the secured ballot
boxes or other containers and all other materials at the time, date, and location
designated by the Voter Registrar.
(8)
[
(6)
] The Voter Registrar shall sign
the Verification of Provisional Ballots and Serial Numbers form verifying
transfer, and the presiding judge of the Early Voting Ballot Board
or
General Custodian of election records
shall sign indicating receipt
of the Provisional Ballot Affidavit Envelopes and that the key and ballot
box(es) was properly sealed.
(9)
[
(7)
] Poll Watchers are not entitled
to be present during the Voter Registrar's review.
(h)
Early Voting Ballot Board defined
.
The authority
appointing the Early Voting Ballot Board may determine which members of the
board will review and count the provisional ballots. The entire ballot board
is not required to be present. A minimum of three members of the board is
required to conduct the review.
(i)
Review of Provisional Ballot Affidavit Envelopes by Early
Voting Ballot Board; Rules for Counting
(1)
The presiding judge of the Early Voting Ballot Board shall
take receipt of the Provisional Ballot Affidavit Envelopes from the Voter
Registrar
directly or via the General Custodian of election records
at
a time and place to be determined by the presiding judge.
(2)
The presiding judge of the Early Voting Ballot Board may
convene the board as soon as practicable after the Voter Registrar has completed
the review of the provisional ballots. The judge must post a notice on the
bulletin board used for posting notices of meetings of the governing body
ordering the election no later than 24 hours before the board is scheduled
to meet. The board may also convene while the Voter Registrar continues
his or her
[
the
] review.
(3)
(No change.)
(4)
The Early Voting Ballot Board shall review both the Election
Judge's and the Voter Registrar's notation on each Provisional Ballot Affidavit
Envelope to determine whether or not the ballot should be counted as indicated
below:
(A) - (K)
(No change.)
(L)
If either the Election Judge or the Voter
Registrar indicates that the voter voted in another party's primary, the ballot
shall not be counted.
(M)
[
(L)
] The Voter Registrar has information
in the office that the Voter did complete an application, and the Voter is
otherwise qualified, the ballot shall be counted.
(N)
[
(M)
] If the Voter was erroneously
removed from list and Voter is otherwise qualified to vote, the ballot shall
be counted.
(O)
If the Voter Registrar indicates that
the Voter is registered, the ballot shall be counted.
(5) - (6)
(No change.)
(7)
The ballots to be counted shall be removed from their Provisional
Ballot Affidavit Envelopes and counted under the normal procedure for counting
ballots by mail in the election. The presiding judge of the Early Voting Ballot
Board shall make a return sheet of the votes and record
the votes
by
precinct.
(8) - (9)
(No change.)
(10)
The List of Provisional Voters for each precinct shall
be delivered to the General Custodian
of election records
in the
Envelope for Accepted Provisional Ballot Affidavit Envelopes.
(11) - (16)
(No change.)
(j)
Request for Return of Original Envelopes. Upon request
of the Voter Registrar, the General Custodian
of election records
shall
deliver the original Provisional Ballot Affidavit Envelopes to the Voter Registrar
after the preservation period.
(k)
(No change.)
§81.173.Provisional Voting Procedures for Electronic Voting System: Optical Scan Precinct Ballot Counters.
(a)
Polling Place Preparation[
.
]
(1) - (2)
(No change.)
(b)
Eligibility to vote provisional ballot.
(1)
At all elections, the following Voters shall be eligible
to cast a provisional ballot:
(A) - (B)
(No change.)
(C)
A Voter who has applied for a ballot by mail, but has not
returned the ballot by mail
or cancelled the ballot with the main early
voting clerk
; or
(D) - (G)
(No change.)
(H)
A Voter who voted in another party's primary.
(2)
(No change.)
(c)
Polling Place Procedures.
(1) - (4)
(No change.)
(5)
The Election Judge shall enter the Provisional Voter's
name on the
List
[
list
] of Provisional Voter's form.
(6) - (7)
(No change.)
(8)
The Election Judge shall check the reason under which the
Voter voted provisionally on the provisional ballot envelope. The reasons
include:
(A) - (D)
(No change.)
(E)
Voter on list of persons who voted early by mail, Voter
says he/she did not receive or return the ballot and refuses to cancel the
ballot with the Early Voting Clerk; [
or
]
(F)
First time Voter without any identification
;
[
.
]
(G)
Voter who voted after 7:00 p.m. due to
court order; or
(H)
Voter who voted in another party's primary.
(9) - (13)
(No change.)
(d)
Early Voting Provisional Ballot Procedures.
(1) - (2)
(No change.)
(3)
The presiding judge shall direct the provisional ballot
envelopes to be separated from the
regularly-cast
[
regularly
cast
] ballots and placed in a ballot box or transfer case for delivery
to the General Custodian of election records. The General Custodian shall
deliver the provisional ballots to the Voter Registrar. The Voter Registrar
shall sign the List of Early Voting Provisional Voters to verify receipt of
the provisional ballot envelopes.
(4)
(No change.)
(e)
(No change.)
(f)
Transfer to Voter Registrar.
(1) - (4)
(No change.)
(5)
The General Custodian of election records shall supply
the Voter Registrar with a sufficient number of seals to re-seal the ballot
box(es) or transfer case(s) containing the provisional ballots once
his or
her review is completed.
(6) - (7)
(No change.)
(g)
Voter Registrar Review of Provisional Ballot Affidavit
Envelopes
(1)
No later than the third business day after election day,
the Voter Registrar shall complete the review of the Provisional Ballot Affidavit
Envelopes. As part of the review, the Voter Registrar shall review information
from the following sources to attempt to determine the Provisional Voter's
registration status:
(A)
the Department of Public Safety,
(B)
Volunteer Deputy Registrars, and
(C)
other records that may establish the Voter's
eligibility. The Voter Registrar must examine each Provisional Ballot Affidavit
Envelope, determine the Voter's registration status, and indicate the status
on the face of the Provisional Ballot Affidavit Envelope as one of the following:
(i)
[
(A)
] No record of voter registration
application on file in this county;
(ii)
[
(B)
] Registration cancelled on
________ (fill in date);
(iii)
[
(C)
] Registered less than 30 days
before the election;
(iv)
[
(D)
] Incomplete registration received,
but additional information not returned;
(v)
[
(E)
] Voter rejected for registration
due to ineligibility;
(vi)
[
(F)
] Registered to vote, but erroneously
listed in wrong precinct;
(vii)
[
(G)
] Registered to vote in a different
precinct within the county;
(viii)
[
(H)
] Information on file indicating
applicant completed a voter registration application, but it was never received
in the Voter Registrar's office; and/or
(ix)
[
(I)
] Voter erroneously removed
from list of registered voters.
(x)
Voter is registered;
(xi)
Voter voted in another party's primary;
or
(xii)
Other: __________________ (with explanation).
(2)
(No change.)
(3)
The Voter Registrar shall copy the Provisional Ballot Affidavit
Envelope of each Voter who was not registered to vote, who was registered
but whose information contains updated voter registration information, or
who was erroneously cancelled or listed in the wrong precinct
or for
any other reason the Voter Registrar deems necessary
.
(4)
For purposes of voter registration, the copied Provisional
Ballot Affidavit Envelope serves as an original voter registration application
or change form; the effective date will be calculated as of the Election Date
for which the Provisional Ballot Affidavit Envelope was submitted
.
(5)
If the residence address provided on the
Provisional Ballot Affidavit Envelope falls outside the Voter Registrar's
jurisdiction, the Voter Registrar shall forward a copy of the Provisional
Ballot Affidavit Envelope to the appropriate Voter Registrar. The effective
date of the transferred copy shall be calculated as thirty days from the election
date on which the Provisional Ballot Affidavit Envelope was originally submitted.
The original Provisional Ballot Affidavit Envelope shall be transferred to
the appropriate Voter Registrar after the preservation period upon the Voter
Registrar's request.
(6)
[
(5)
] The Voter Registrar shall keep
the Provisional Ballot Affidavit Envelopes
separated
by election
precinct during the review. The Voter Registrar shall replace the Provisional
Ballot Affidavit Envelopes in the
same ballot
boxes
or other
containers
in which the Provisional Ballot Affidavit Envelopes were
originally received for transfer to the Early Voting Ballot Board
or
General Custodian of election records, as designated by the General Custodian
of election records
, along with the List of Provisional Voters for each
precinct. The copy of the Summary of Provisional Ballots is returned to the
General Custodian. The box is relocked and resealed in the same manner in
which it was received. The serial number of the seal shall be recorded on
the Verification of Provisional Ballots and Serial Number form.
(7)
The General Custodian of the election
records or the Early Voting Ballot Board Judge shall pick up the secured ballot
boxes or other containers and all other materials at the time, date, and location
designated by the Voter Registrar.
(8)
[
(6)
] The Voter Registrar shall sign
the Verification of Provisional Ballots and Serial Numbers form verifying
transfer, and the presiding judge of the Early Voting Ballot Board shall sign
indicating receipt of the Provisional Ballot Affidavit Envelopes and that
the key and ballot box(es) was properly sealed.
(9)
[
(7)
] Poll Watchers are not entitled
to be present during the Voter Registrar's review.
(h)
(No change.)
(i)
Review of Provisional Ballot Affidavit Envelopes by Early
Voting Ballot Board; Counting Rules.
(1)
The presiding judge of the Early Voting Ballot Board shall
take receipt of the Provisional Ballot Affidavit Envelopes from the Voter
Registrar
directly or via the General Custodian of election records
at
a time and place to be determined by the presiding judge.
(2)
The presiding judge of the Early Voting Ballot Board may
convene the board as soon as practicable after the Voter Registrar has completed
the review of the provisional ballots. The judge must post a notice on the
bulletin board used for posting notices of meetings of the governing body
ordering the election no later than 24 hours before the board is scheduled
to meet. The board may also convene while the Voter Registrar continues
his or her
[
the
] review.
(3)
(No change.)
(4)
The Early Voting Ballot Board shall review both the Election
Judge's and the Voter Registrar's notation on each Provisional Ballot Affidavit
Envelope to determine whether or not the ballot should be counted as indicated
below:
(A) - (K)
(No change.)
(L)
If either the Election Judge or the Voter
Registrar indicates that the voter voted in another party's primary, the ballot
shall not be counted.
(M)
[
(L)
] The Voter Registrar has information
in the office that the Voter did complete an application, and the Voter is
otherwise qualified, the ballot shall be counted.
(N)
[
(M)
] If the Voter was erroneously
removed from list and Voter is otherwise qualified to vote, the ballot shall
be counted.
(O)
If the Voter Registrar indicates that
the Voter is registered, the ballot shall be counted.
(5) - (6)
(No change.)
(7)
The ballots to be counted shall be removed from their Provisional
Ballot Affidavit Envelopes and counted under the normal procedure for counting
ballots by mail in the election, unless the
manager of the central counting
station
[
presiding judge of the ballot board
] decides
that the ballot board shall count the ballots manually and add the totals
to the computer count for a canvass total
[
to count ballots by
hand
].
See paragraph (9) of this subsection for electronic procedures,
if the manager decides to count ballots in regular manner.
If counted
by hand, the ballots are tallied by precinct in the regular manner. The board
prepares the returns and submits the returns to the General Custodian of election
records.
(8)
(No change.)
(9)
If the provisional ballots are to be counted electronically:
(A)
The manager of the central counting station
shall decide whether the ballot board shall manually count the ballots and
be manually added to the computer count for a canvass total or whether the
central counting station shall reconvene.
(B)
The manager shall send notice to the presiding
judge of the ballot board prior to reconvening the board as to whether the
ballots are to be counted manually by the board or whether the ballots are
merely to be prepared for delivery to the central counting station.
(C)
The manager must order a second test to
be conducted prior to the count. The test must be successful.
(D)
After the second successful test is conducted,
the unofficial election results, preserved by electronic means, shall be loaded
in the tabulating equipment.
(E)
Once the ballots have been counted, results
shall be prepared in the regular manner. The manager shall prepare a certification
and attach it to the returns, then place the certification and returns in
envelope #1 to be delivered to the presiding officer of the canvassing board
indicating that the result supersedes any returns printed prior to the reconvening
of the central counting station after election day.
(F)
After the results have been prepared,
a successful third test must be performed.
(G)
The results, ballots, and distribution
of ballots and all records shall be made in the regular manner.
[(A)
Prior to the beginning of the count at
a central counting station, the manager shall run the required second logic
and accuracy test using the same test deck as on Election Day. After the count
is complete, the manager shall run the required third logic and accuracy test.
If the test is not successful, the count is void.]
[(B)
The central counting manager may add
the provisional ballots to the original returns by hand in order to provide
one complete return sheet or may provide a return sheet with just provisional
ballot vote totals. The return sheets are distributed in the same manner as
on Election Day.]
[(C)
The counted Provisional Ballot Affidavit
Envelopes are secured and returned to the General Custodian of election records
to be retained for the appropriate preservation period.]
(10)
(No change.)
(11)
The List of Provisional Voters for each precinct shall
be delivered to the General Custodian
of election records
in the
Envelope for Accepted Provisional Ballot Affidavit Envelopes.
(12) - (16)
(No change.)
(j)
Request for Return of Original Envelopes. Upon request
of the Voter Registrar, the General Custodian
of election records
shall
deliver the original Provisional Ballot Affidavit Envelopes to the Voter Registrar
after the preservation period.
(k)
(No change.)
§81.174.Provisional Voting Procedures for Punch Card and Optical Scan Voting System Ballots Tabulated at a Central Counting Station.
(a)
(No change.)
(b)
Eligibility to vote provisional ballot
(1)
At all elections, the following individuals shall be eligible
to cast a provisional ballot:
(A) - (B)
(No change.)
(C)
A Voter who has applied for a ballot by mail, but has not
returned the ballot by mail
or cancelled the ballot with the mail early
voting clerk
; or
(D) - (G)
(No change.)
(H)
A Voter who voted in another party's primary.
(2)
(No change.)
(c)
Polling Place Procedures.
(1) - (7)
(No change.)
(8)
The Election Judge shall check the reason under which the
Voter voted provisionally on the provisional ballot envelope. The reasons
include:
(A) - (D)
(No change.)
(E)
Voter on list of persons who voted early by mail, Voter
says he/she did not receive or return the ballot and refuses to cancel the
ballot with the Early Voting Clerk; [
or
]
(F)
First time Voter without any identification
;
[
.
]
(G)
Voter voted after 7:00 p.m. due to court
order; or
(H)
Voter voted in another party's primary.
(9) - (13)
(No change.)
(d)
Early Voting By Personal Appearance Provisional Ballot
Procedures.
(1) - (2)
(No change.)
(3)
The central counting station manager shall direct the provisional
ballot envelopes to be separated from the
regularly-cast
[
regularly cast
] ballots and placed in a ballot box or transfer case
for delivery to the Voter Registrar. The Voter Registrar shall sign the List
of Early Voting Provisional Voters to verify receipt of the provisional ballot
envelopes.
(4)
(No change.)
(e)
(No change.)
(f)
Transfer to Voter Registrar.
(1) - (4)
(No change.)
(5)
The General Custodian of election records shall supply
the Voter Registrar with a sufficient number of seals to re-seal the ballot
box(es) or transfer case(s) containing the Provisional Ballot Affidavit Envelopes
once
his or
her review is completed.
(6) - (8)
(No change.)
(g)
Voter Registrar Review of Provisional Ballot Affidavit
Envelopes.
(1)
No later than the third business day after election day,
the Voter Registrar shall complete the review of the Provisional Ballot Affidavit
Envelopes. As part of the review, the Voter Registrar shall review information
from the following sources to attempt to determine the Provisional Voter's
registration status:
(A)
the Department of Public Safety,
(B)
Volunteer Deputy Registrars, and
(C)
other records that may establish the Voter's
eligibility. The Voter Registrar must examine each Provisional Ballot Affidavit
Envelope, determine the Voter's registration status, and indicate the status
on the face of the Provisional Ballot Affidavit Envelope as one of the following:
(i)
[
(A)
] No record of voter registration
application on file in this county;
(ii)
[
(B)
] Registration cancelled on
________ (fill in date);
(iii)
[
(C)
] Registered less than 30 days
before the election;
(iv)
[
(D)
] Incomplete registration received,
but additional information not returned;
(v)
[
(E)
] Voter rejected for registration
due to ineligibility;
(vi)
[
(F)
] Registered to vote, but erroneously
listed in wrong precinct;
(vii)
[
(G)
] Registered to vote in a different
precinct within the county;
(viii)
[
(H)
] Information on file indicating
applicant completed a voter registration application, but it was never received
in the Voter Registrar's office; and/or
(ix)
[
(I)
] Voter erroneously removed
from list of registered voters.
(x)
Voter is registered;
(xi)
Voter voted in another party's primary;
or
(xii)
Other: _______________ (with an explanation).
(2)
(No change.)
(3)
The Voter Registrar shall copy the Provisional Ballot Affidavit
Envelope of each Voter who was not registered to vote, who was registered
but whose information contains updated voter registration information, or
who was erroneously cancelled or listed in the wrong precinct
or for
any other reason the Voter Registrar deems necessary
.
(4)
For purposes of voter registration, the copied Provisional
Ballot Affidavit Envelope serves as an original voter registration application
or change form; the effective date will be calculated as of the Election Date
for which the Provisional Ballot Affidavit Envelope was submitted
.
(5)
If the residence address provided on the
Provisional Ballot Affidavit Envelope falls outside the Voter Registrar's
jurisdiction, the Voter Registrar shall forward a copy of the Provisional
Ballot Affidavit Envelope to the appropriate Voter Registrar. The effective
date of the transferred copy shall be calculated as thirty days from the election
date on which the Provisional Ballot Affidavit Envelope was originally submitted.
The original Provisional Ballot Affidavit Envelope shall be transferred to
the appropriate Voter Registrar after the preservation period upon the Voter
Registrar's request.
(6)
[
(5)
] The Voter Registrar shall keep
the envelopes
separated
by election precinct during the review.
The Voter Registrar shall replace the Provisional Ballot Affidavit Envelopes
in the
same ballot
boxes
or other containers
in which
the Provisional Ballot Affidavit Envelopes were originally received for transfer
to the Early Voting Ballot Board
or General Custodian of election records
, along with the List of Provisional Voters for each precinct. The copy
of the Summary of Provisional Ballots is returned to the General Custodian.
The box is relocked and resealed in the same manner in which it was received.
The serial number of the seal shall be recorded on the Verification of Provisional
Ballots and Serial Number form.
(7)
The General Custodian of the election
records or the Early Voting Ballot Board Judge shall pick up the secured ballot
boxes or other containers and all other materials at the time, date, and location
designated by the Voter Registrar.
(8)
[
(6)
] The Voter Registrar shall sign
the Verification of Provisional Ballots and Serial Numbers form verifying
transfer, and the presiding judge of the Early Voting Ballot Board
or
General Custodian of election records
shall sign indicating receipt
of the Provisional Ballot Affidavit Envelopes and that the key and ballot
box(es) was properly sealed.
(9)
[
(7)
] Poll Watchers are not entitled
to be present during the Voter Registrar's review.
(h)
Early Voting Ballot Board defined
.
The authority
appointing the Early Voting Ballot Board may determine which members of the
board will review and count the provisional ballots. The entire ballot board
is not required to be present. A minimum of three members of the board is
required to conduct the review.
(i)
Review of Provisional Ballot Affidavit Envelopes by Early
Voting Ballot Board; Counting Rules.
(1)
The presiding judge of the Early Voting Ballot Board shall
take receipt of the Provisional Ballot Affidavit Envelopes from the Voter
Registrar
directly or via the General Custodian of election records
at
a time and place to be determined by the presiding judge.
(2)
The presiding judge of the Early Voting Ballot Board may
convene the board as soon as practicable after the Voter Registrar has completed
the review of the provisional ballots. The judge must post a notice on the
bulletin board used for posting notices of meetings of the governing body
ordering the election no later than 24 hours before the board is scheduled
to meet. The board may also convene while the Voter Registrar continues
his or her
[
the
] review.
(3)
(No change.)
(4)
The Early Voting Ballot Board shall review both the Election
Judge's and the Voter Registrar's notation on each Provisional Ballot Affidavit
Envelope to determine whether or not the ballot should be counted as indicated
below:
(A) - (K)
(No change.)
(L)
If either the Election Judge or the Voter
Registrar indicates that the Voter voted in another party's primary, the ballot
shall not be counted.
(M)
[
(L)
] The Voter Registrar has information
in the office that the Voter did complete an application, and the Voter is
otherwise qualified, the ballot shall be counted.
(N)
[
(M)
] If the Voter was erroneously
removed from list and Voter is otherwise qualified to vote, the ballot shall
be counted
(O)
If the Voter Registrar indicates that
the Voter is registered, the ballot shall be counted.
(5) - (6)
(No change.)
(7)
The ballots to be counted shall be removed from their Provisional
Ballot Affidavit Envelopes and counted in the regular manner, unless the
manager of the central counting station decides that the ballot board shall
count the ballots manually and add the totals to the computer count for a
canvass total. See paragraph (9) of this subsection for electronic procedures,
if the manager decides to count ballots in regular manner.
[
presiding
judge of the ballot board decides to count the ballots by hand.
] If
counted by hand, the ballots are tallied by precinct in the regular manner.
The board prepares the returns and submits the returns to the General Custodian
of election records.
(8)
(No change.)
(9)
If the provisional ballots are to be counted electronically:
(A)
The manager of the central counting station
shall decide whether the ballot board shall manually count the ballots and
be manually added to the computer count for a canvass total or whether the
central counting station shall reconvene.
(B)
The manager shall send notice to the presiding
judge of the ballot board prior to reconvening the board as to whether the
ballots are to be counted manually by the board or whether the ballots are
merely to be prepared for delivery to the central counting station.
(C)
The manager must order a second test to
be conducted prior to the count. The test must be successful.
(D)
After the second successful test is conducted,
the unofficial election results, preserved by electronic means, shall be loaded
in the tabulating equipment.
(E)
Once the ballots have been counted, results
shall be prepared in the regular manner. The manager shall prepare a certification
and attach it to the returns, then place the certification and returns in
envelope #1 to be delivered to the presiding officer of the canvassing board
indicating that the result supersedes any returns printed prior to the reconvening
of the central counting station after election day.
(F)
After the results have been prepared,
a successful third test must be performed.
(G)
The results, ballots, and distribution
of ballots and all records shall be made in the regular manner.
[(A)
Prior to the beginning of the count at
a central counting station, the manager shall run the required second logic
and accuracy test using the same test deck as on Election Day. After the count
is complete, the manager shall run the required third logic and accuracy test.
If the test is not successful, the count is void.]
[(B)
The central counting manager may add
the provisional ballots to the original returns by hand in order to provide
one complete return sheet or may provide a return sheet with just provisional
ballot vote totals. The return sheets are distributed in the same manner as
on Election Day.]
[(C)
The counted provisional ballots are returned
to the General Custodian of election records and retained for the appropriate
preservation period.]
(10)
The List of Provisional Voters for each precinct shall
be delivered to the General Custodian
of election records
in the
Envelope for Accepted and Provisional Ballot Affidavit Envelopes.
(11) - (15)
(No change.)
(j)
Request for Return of Original Envelopes. Upon request
of the Voter Registrar, the General Custodian
of election records
shall
deliver the original Provisional Ballot Affidavit Envelopes to the Voter Registrar
after the preservation period.
(k)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 22, 2005.
TRD-200501244
Ann McGeehan
Director of Elections
Office of the Secretary of State
Earliest possible date of adoption: May 1, 2005
For further information, please call: (512) 475-2821