You asked (1) for a description of the circumstances under which an individual is eligible to cast a provisional ballot and (2) how election officials count such ballots to prevent duplicate voting.

SUMMARY

An individual may apply for and receive a provisional ballot to vote for candidates for federal (but not state) office when he:

1. appears at the polling place claiming to be eligible to vote but his name does not appear on the official registry list and the registrars determine that it cannot be immediately restored or transferred from another polling place,

2. is the subject of a challenge and the moderator decides he is not eligible to vote, or

3. registered by mail without the necessary identification and appears at a polling place or applies for an absentee ballot for the first time after registering without proper identification (CGS § 9-232l).

Provisional ballots are required pursuant to the Help America Vote Act of 2002 (HAVA), which Congress passed as a package of federally mandated election improvements (P. L. 107-252 § 302). The General Assembly passed P. A. 03-6, June 30 Special Session, to comply with HAVA and implement its provisional ballot requirements, among others things.

To vote by provisional ballot, an individual must fill out an application under penalty of false statement attesting to his eligibility and current standing as an elector in the town where the polling place is located. The application includes a field for address, which helps the registrars verify the person's identity, and requires an attestation that they have not yet voted in the present election.

The registrars have six days after a primary or general election to authenticate the information on each provisional ballot. The ballots are kept separate and counted only after the registrars verify voters' eligibility, thereby preventing duplicate votes.

DETERMINING ELIGIBILITY

Election officials issue provisional ballots under three circumstances and only when a candidate for federal office is on the ballot. Provisional ballots do not include candidates for state or local elections.

Name Missing From Voter Registry List

A person who appears at the polling place claiming to be eligible to vote but whose name does not appear on the registry list may be eligible to cast a provisional ballot. If the registrars of voters determine that the individual's name cannot be transferred from another polling place or restored to the list because his address changed within the town or because the omission was due to clerical error, he can apply for and receive a provisional ballot (CGS § 9-232l(a)).

Subject of a Challenge

An elector who is the subject of a challenge and who the moderator rules is not eligible to vote as a result of the challenge may apply for and cast a provisional ballot upon written affirmation that he is qualified to do so. The challenge procedure is only for an elector whose name appears on the official checklist; a person whose name is not on the list cannot be the subject of a challenge.

Challenges may be made on the following grounds: (1) want of identity (the elector is not who he says he is), (2) disfranchisement for conviction of a felony, or (3) lack of bona fide residence in the town or political subdivision holding primary or general election (CGS § 9-232). An election official or an elector within the polling place may initiate a challenge and the polling place moderator makes the ruling (CGS § 9-232l (b)).

Registered Without Proper ID

A person who registered to vote by mail but did not provide an acceptable form of identification with the application must do so when he appears at a polling place for the first time. If he does not have the proper identification such as a valid photo ID or government document as specified by law, he may cast a provisional ballot. Similarly, a person who applies for an absentee ballot for the first time after registering without proper ID may vote by provisional ballot (CGS § 9-23r).

VERIFYING ELIGIBILITY AND PREVENTING DUPLICATE VOTES

The procedure for verifying an individual's eligibility to vote by provisional ballot is designed to prevent duplicate votes. Each provisional ballot application is printed on a serially-marked provisional ballot envelope, which the secretary of the state provides to each moderator. When a moderator receives an application he records the issuance on the “Provisional Ballot Inventory Form. ” The Provisional Ballot Inventory Form lists the names of each person who receives a provisional ballot. (For a voter who is the subject of a challenge, the moderator also crosses his name off the official registry list. )

As soon as the polls close the moderator seals the depository envelope containing the cast provisional ballots, which are sealed in inner and outer envelopes, and delivers it to the registrars of voters. The registrars must verify the information for each ballot, determine whether the applicant is eligible to vote, and note their decision on the outer envelope.

If they determine the person is eligible, they count the ballot. If they determine the person is ineligible or cannot determine his eligibility, they mark the outer envelope "rejected," along with the reasons for rejection, and sign it. Registrars count provisional ballots using procedures for counting absentee ballots as closely as possible and they have six days after a primary or general election to do so. They then file a corrected return showing the number of provisional ballots cast, the number rejected, and the additional votes counted for federal office candidates.

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