Jon A. Gegenheimer
JEFFERSON PARISH CLERK OF COURT
Guide to Provisional Voting
Jon A. Gegenheimer
JEFFERSON PARISH CLERK OF COURT
2009
www.jpclerkofcourt.us
TABLE OF CONTENTS
Introduction to Provisional Voting
2
How to Determine if a Voter Gets a Provisional Ballot
for a Federal Election
3
If a Voter’s Name is Not Found in the Precinct Register
4
Sample Precinct Register Page
5
If the Voter’s Name is Found in the Precinct Register and in the
Signature Block There is Written: Address Confirmation Required
6
Sample Address Confirmation Form
7
Provisional Voting Chart
8
Steps for Executing a Federal Provisional Ballot
9
Sample Provisional Federal Election Ballot
10
Sample Provisional Ballot Envelope
11
Sample Provisional Voter Precinct Register Tab
12
Sample Provisional Voter Precinct Register Page
13
Provisional Ballots Envelope
14
INTRODUCTION TO PROVISIONAL VOTING
The Help America Vote Act of 2002 (HAVA) mandated the State of Louisiana to
implement provisional voting in federal elections by January 1, 2004.
Provisional Voting applies to only two categories of voters:
1.
An individual whose name does not appear on the precinct register and
the Registrar of Voters does not authorize to vote the individual by
affidavit and has determined that the individual is ineligible to vote.
OR
2.
A voter who votes in a federal election during court-ordered extended
polling hours.
Act 423 of the 2003 Regular Session of the Louisiana Legislature implemented
provisional voting in Louisiana only in elections for federal office. (Presidential Preference Primary, U.S. President, U.S. Senator, and/or U.S. Representative)
Provisional votes will be cast on paper ballots. All forms and envelopes (except
the paper provisional ballots) used will be printed in purple ink. The provisional paper ballots are printed in black and white.
A provisional voter must certify that he is a registered voter in the parish and is
eligible to vote in the election for federal office.
2
HOW TO DETERMINE IF A VOTER GETS A
PROVISIONAL BALLOT FOR A FEDERAL ELECTION
Here are the situations in which a voter may get a provisional ballot:
1.
The voter’s name is not found in the precinct register and it is determined
by the Registrar of Voters that they are not a registered voter. (Definite)
OR
When the voter’s name is found in the precinct register, there is written in the
signature block:
OR
2.
“Address Confirmation Required” (Possible)
OR
3.
The voter arrives at the precinct to cast their ballot during court ordered
extended polling hours. (Definite)
3
IF A VOTER’S NAME IS NOT FOUND IN THE PRECINCT REGISTER
Call the Registrar of Voters office at (listed below) to determine the voter’s eligibility.
West Bank — 349-5690; East Bank — 736-6491, 6492, or 8495
A.
If voter is registered but their name was inadvertently omitted from
the precinct register, the Registrar of Voters will instruct you to complete
a PRECINCT REGISTER CORRECTION form. The voter will sign the
affidavit and will be allowed to vote as usual on the AVC machine.
B.
If a voter is registered to vote in another precinct, send them to the correct
precinct to vote. If the voter insists on voting in the incorrect precinct, the
commissioners will issue a federal provisional ballot to the individual and
the voter will sign his name on the list behind the PROVISIONAL
VOTERS tab in the Precinct Register. **NOTE: The individual will not be
allowed to vote on any state, parish, or municipal races or propositions.
C.
If the Registrar of Voters confirms that the voter is not eligible to vote and
the voter wishes to vote, the commissioners will issue a federal
provisional ballot to the individual and the voter will sign his name on the
list behind the PROVISIONAL VOTERS tab in the Precinct Register.
**NOTE: The individual will not be allowed to vote on any state, parish,
or municipal races or propositions.
4
SAMPLE PRECINCT REGISTER PAGE
Sample notation below:
“Address Confirmation Required”
ADDRESS CONFIRMATION REQ.
5
IF THE VOTER’S NAME IS FOUND IN THE PRECINCT REGISTER
AND IN THE SIGNATURE BLOCK THERE IS WRITTEN:
Address Confirmation Required
1.
Commissioners should execute an ADDRESS CONFIRMATION AT THE
POLLS. If the voter checks box 3b and it has been more than 3 months
since he moved from the address listed in the Precinct Register, then his is
ineligible to vote and should be issued a provisional ballot for the federal
races. **NOTE: The voter will be unable to vote on any state, parish, or
municipal races or propositions.
2.
If the ADDRESS CONFIRMATION AT THE POLLS determines that the
voter has:
●
not changed addresses
●
has permanently changed his address to an address within the same
parish
●
or has moved to an address in another parish less than 3 months ago
then the Commissioner will ask the voter for photo identification.
3.
If the voter has photo identification, then the voter will be allowed to vote
on the AVC voting machines as usual.
4.
If the voter does not have photo identification, then the Commissioner
must execute a VOTER IDENTIFICATION AFFIDAVIT (AV-34), then the
voter will be allowed to vote on the AVC voting machines as usual.
6
SAMPLE ADDRESS CONFIRMATION FORM
7
PROVISIONAL VOTING CHART
SITUATION
Voter is not a valid
registrant.
“Address Confirmation
Required” appears in the
signature column. Voter
marks Box #3(b) and it has
been more than 3 months
since they have moved to
another parish.
Voter insists on voting in
the incorrect precinct.
DO THEY CAST A
PROVISIONAL
BALLOT?
YES
RESULT
Casts a provisional federal
paper ballot only. UNDER
NO CIRCUMSTANCES
WILL THIS PERSON VOTE
ON THE AVC MACHINES.
YES
Casts a Provisional federal
paper ballot only. UNDER
NO CIRCUMSTANCES
WILL THIS PERSON VOTE
ON THE AVC MACHINES.
YES
Casts a provisional federal
paper ballot only. UNDER
NO CIRCUMSTANCES
WILL THIS PERSON VOTE
ON THE AVC MACHINES.
8
STEPS FOR EXECUTING A FEDERAL PROVISIONAL BALLOT
After the Commissioner has been instructed by the Registrar of Voters that a voter is not permitted to vote by affidavit, is ineligible to vote, or if the voter is eligible to vote on federal issues
only, the Commissioner shall:
1.
Give the applicant a pencil and have him complete the PROVISIONAL BALLOT
AFFIDAVIT ENVELOPE (AFF-PB) flap and sign the certificate on the flap in the
presence of the Commissioner. (Once every four years during the Presidential
Preference Primary election, it will be necessary to ask the voter to document their
party affiliation at the bottom of the PROVISIONAL BALLOT AFFIDAVIT
ENVELOPE.
2.
Print the applicant’s name on the Precinct Register on the page behind the divider tab
marked PROVISIONAL VOTERS, and then have the applicant sign the Precinct
Register.
3.
Obtain a numbered paper provisional ballot from the PSE envelope and write the bal
lot number (printed on the bottom right corner of the ballot) in both places on the
completed PROVISIONAL BALLOT AFFIDAVIT ENVELOPE (AFF-PB).
4.
Tear off the provisional ballot number along the perforation on the bottom right corner
of the ballot and give the provisional ballot and the PROVISIONAL BALLOT
AFFIDAVIT ENVELOPE (AFF-PB) to the applicant, and allow them to mark the ballot
in a manner that protects the secrecy of their vote.
5.
Have applicant seal the provisional ballot into the PROVISIONAL BALLOT
AFFIDAVIT ENVELOPE (AFF-PB) and return it to the Commissioner.
6.
The Commissioner should remove the red “to the provisional voter” portion of the
envelope flap and give it to the voter. (This is the top portion of the flap only.)
7.
The Commissioner shall put the sealed envelope and the provisional ballot number
stub inside the PROVISIONAL BALLOT ENVELOPE (PB).
8.
The PROVISIONAL BALLOT ENVELOPE (PB) will be brought to the Clerk of Court’s
office on election night.
**Note:
A voter must be given a provisional ballot if it is requested. (This includes
someone who insists on voting at the incorrect precinct.)
9
SAMPLE PROVISIONAL FEDERAL ELECTION BALLOT
The Provisional Ballot number
can be found in the bottom
right-hand corner of the ballot.
Record this number on the
envelope flap in the 2 places
required.
Before handing the ballot to the
voter, remove the ballot number
and retain it.
Ballot number appears in perforated
triangle (no longer square cut).
Tear off and retain this stub.
10
SAMPLE PROVISIONAL BALLOT ENVELOPE
The
Provisional
Ballot Number
must be
entered by the
Commissioner
in two places.
Voter
completes this
section, then
signs
Commissioner dates the envelope with the
date of the election, then signs.
11
SAMPLE PROVISIONAL VOTER PRECINCT REGISTER TAB
12
SAMPLE PROVISIONAL VOTER PRECINCT REGISTER PAGE
13
PROVISIONAL BALLOTS ENVELOPE
Provisional Ballot Envelope should include:
1.
All Provisional Ballot Affidavit envelopes (AFF-PB)
2.
All Provisional Ballot number stubs.
Look for PB (Provisional Ballot Envelope) language.
BRING TO THE CLERK OF COURT
ON ELECTION NIGHT.
14
SIGNAGE
Vote Here sign
Post on the wall or
door at the principle
entrance to the
precinct.
Federal Election Poster
Post on the wall near the
sample ballot.
15