AN ACT ESTABLISHING A NO-FAULT PROVISIONAL BALLOT LAW.

This bill authorizes provisional ballots for use in state and municipal elections and primaries under the same circumstances as the law authorizes their use in federal elections and primaries. (Individuals may cast provisional ballots in a federal election because, among other reasons, they are the subject of a challenge and the moderator decides they are not eligible to vote. Since the bill does not eliminate challenge ballots, it is unclear whether someone who is the subject of a challenge in a state or municipal election or primary would cast a provisional or challenge ballot. )

By law, the secretary of the state prescribes the provisional ballot format. The bill authorizes these ballots to have the same format as absentee (i. e. , regular) ballots rather than overseas ballots. It eliminates the requirement that the secretary provide them to towns. Under current law, the secretary must supply them. Under the bill, towns print provisional ballots as they currently print regular and absentee ballots.

The bill makes registrars of voters, rather than town clerks, responsible for distributing provisional ballot packets. The law already makes them responsible for counting provisional ballots after an election or primary. When they do, the bill requires them to count the provisional ballots for those individuals they determine are eligible to be registered voters, rather than those who are eligible to vote (i. e. , those already registered). In addition, the bill specifies that if the registrars determine that someone has cast a provisional ballot in a district other than the one in which he or she is eligible to vote, the registrars may not count those votes. They may only count the votes for the offices representing the district in which the person resides.

By law, an individual may apply for and receive a provisional ballot to vote for candidates for federal office when he or she:

1. appears at the polling place claiming to be eligible to vote but his or her 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 or she 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.

To vote by provisional ballot, an individual must fill out an application under penalty of false statement attesting to his or her 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.

sHB 6440, favorably reported by the Government Administration and Elections Committee on March 25, also establishes no-fault provisional ballots for state and municipal elections and primaries and authorizes their use under the same circumstances as the law authorizes their use in federal elections and primaries.

Yea

Nay

(03/25/2009)