PROVISIONAL BALLOTS WHAT ARE THEY AND WHAT DO WE DO WITH THEM?

Transcription

1 PROVISIONAL BALLOTS WHAT ARE THEY AND WHAT DO WE DO WITH THEM? 1

2 WHAT IS A PROVISIONAL BALLOT? Paper ballot cast by voter who was ineligible to vote on the voting machine for one or more reasons. 2

3 PROVISIONAL BALLOTS The information supplied by the voter on the Voter Information Sheet and VVRA will assist the Electoral Board members in making their decision on whether the ballot will count. The voter s history will also be researched by staff the day after the election to assist the Electoral Board members. 3

4 COUNTING PROVISIONAL BALLOTS In order to be counted, a provisional ballot must be cast in the precinct in which the voter would legally be eligible to vote. 4

5 REASONS FOR ISSUING PROVISIONAL BALLOTS Voter s name NOT on Pollbook Name omitted in error GR cannot be contacted or is unable to confirm voter eligibility Voter insists is registered in precinct 5

6 REASONS FOR ISSUING PROVISIONAL BALLOTS Absentee Voter Ballot was lost, was not received, was destroyed, is unusable, was previously returned unused, does not have in hand 6

7 REASONS FOR ISSUING PROVISIONAL BALLOTS EPB shows voter already voted Lack of proper identification Poll closing hours extended by court order 7

8 REASONS FOR ISSUING PROVISIONAL BALLOTS Emergency procedures All EPBs become inoperable To diffuse the situation 8

9 IDENTIFICATION Voter must provide valid ID. If voter does not have a valid ID, use Lime Green Provisional Ballot Envelope for ID-Only, unless other reasons also apply. 9

10 PROVISIONAL BALLOT VOTER INFORMATION SHEET CO asks voter to complete Provisional Ballot Voter Information Sheet. 10

11 Provisional Ballot Voter Information Sheet PROVISIONAL BALLOT INFORMATION SHEET Voter completes. All information is required. Full Name: SSN Date of Birth Gender Current residence address Registration Address, if different 1-Not on pollbook: moved within Virginia after Nov. 6, Not on pollbook: moved within PWC, same CD, between Nov. 2, 2010 and Nov. 6, 2012 For Reasons 1 and 2, voter answers these questions: When did you move from the address on the pollbook? If you changed your address at DMV, did you complete and sign a separate Voter Registration form? Which DMV did you visit? Date at DMV: Voter to complete Voter Registration Application 3-Voting hours extended by court order 4-Absentee Ballot not received or was lost; previously returned unvoted AB to office 5-Marked as already voted in pollbook 6-Other ID-Voter did not present a valid ID (use bright green envelope if ID is only reason) Notes: Voter to complete Affirmation of Eligibility Voter to complete Voter Registration Application Chief: Mark all boxes that apply to this voter and fill in left margin. Election Officer s signature: 11

12 PROVISIONAL VOTE ENVELOPE LACK OF ID ONLY PROVISIONAL VOTE ID ONLY [PLACE VOTED BALLOT IN THIS ENVELOPE] PRINT VOTER INFORMATION BELOW. ALL INFORMATION MUST BE GIVEN. NUMBER/NAME OF PRECINCT o None FIRST NAME FULL MIDDLE, OR MAIDEN, OR ANY PRIOR LEGAL NAME LAST NAME SUFFIX, IF ANY o None COMPLETE RESIDENCE ADDRESS [INCLUDING ZIP CODE] DATE MOVED HERE IF ONE, RESIDENCE POST OFFICE BOX OR UNIFORMED SERVICES ADDRESS [INCLUDING ZIP CODE] o Male o Female SOCIAL SECURITY NUMBER GENDER BIRTHDATE AREA CODE DAYTIME TELEPHONE NUMBER, IF ONE Privacy Act Notice: This form requires your Social Security number for identification and to prevent fraud. Your application will be denied if you fail to provide your Social Security number or any other information necessary to determine your qualification to vote. Federal law (the Privacy Act and Help America Vote Act) and state law (the Virginia Constitution, Article II, 2; Title 24.2 of the Code of Virginia; and the Virginia Government Data Collection and Dissemination Support Act) authorize collecting this information and restrict its use to official purposes only. 12

13 PROVISIONAL VOTE ENVELOPE LACK OF ID OFFICER OF ELECTION: Use this envelope only when a voter whose name IS on the pollbook does not have the required identification. For voters who registered by mail without providing identification, if this is their first time voting in a federal election they must present an identification document containing either their photograph or both their name and address (Social Security cards do not fulfill this requirement). If any issue other than identification applies to this voter, a regular provisional ballot envelope must be used. Have voter complete the top portion. Read the statement below to the voter and have the voter verify the information and sign. You also must sign. Voter must vote a paper ballot and seal the voted ballot in this envelope. Enter voter s information in Precinct Provisional Ballots Log. Do NOT mark pollbook. Electoral Board will determine voter qualification. If voter returns with proper identification, check the box in bottom section, sign, date, and attach a copy of the document. STATEMENT OF VOTER I hereby state, subject to felony penalties, that I am qualified and registered to vote in this precinct; to the best of my knowledge, I am not disqualified from voting by the Constitution and laws of this Commonwealth, and my registration is not subject to cancellation. The information given on the reverse side of this document is true and correct, and I have not voted and will not vote in this election at any other time or place. WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO 10 YEARS IN PRISON, OR UP TO 12 MONTHS IN JAIL AND/OR FINED UP TO $2,500. SIGNATURE OF OFFICER OF ELECTION SIGNATURE OF VOTER DATE o Voter later provided a copy of identification (attach copy) SBE -653ID REV 7/2012 SIGNATURE OF ELECTIONS OFFICIAL DATE 13

14 PROVISIONAL BALLOT VOTER INFORMATION SHEET CO asks voter to complete Provisional Ballot Voter Information Sheet. 14

15 Provisional Ballot Voter Information Sheet PROVISIONAL BALLOT INFORMATION SHEET Voter completes. All information is required. Full Name: SSN Date of Birth Gender Current residence address Registration Address, if different 1-Not on pollbook: moved within Virginia after Nov. 6, Not on pollbook: moved within PWC, same CD, between Nov. 2, 2010 and Nov. 6, 2012 For Reasons 1 and 2, voter answers these questions: When did you move from the address on the pollbook? If you changed your address at DMV, did you complete and sign a separate Voter Registration form? Which DMV did you visit? Date at DMV: Voter to complete Voter Registration Application 3-Voting hours extended by court order 4-Absentee Ballot not received or was lost; previously returned unvoted AB to office 5-Marked as already voted in pollbook 6-Other ID-Voter did not present a valid ID (use bright green envelope if ID is only reason) Notes: Voter to complete Affirmation of Eligibility Voter to complete Voter Registration Application Chief: Mark all boxes that apply to this voter and fill in left margin. Election Officer s signature: 15

16 PROVISIONAL VOTE ENVELOPE Provisional Vote Envelope -- CO fills in number/name of the precinct in top right corner; gives envelope to the voter and explains that voter must complete all required information on front of envelope. CO must verify that all information is provided; have voter complete missing information. This is done before giving ballot to voter. 16

17 PROVISIONAL VOTE ENVELOPE SBE -653 REV 7/12 PROVISIONAL VOTE [PLACE VOTED BALLOT IN THIS ENVELOPE] PRINT VOTER INFORMATION BELOW. ALL INFORMATION MUST BE GIVEN. NUMBER/NAME OF PRECINCT o None FIRST NAME FULL MIDDLE, OR MAIDEN, OR ANY PRIOR LEGAL NAME LAST NAME SUFFIX, IF ANY o None COMPLETE RESIDENCE ADDRESS [INCLUDING ZIP CODE] DATE MOVED HERE IF ONE, RESIDENCE POST OFFICE BOX OR UNIFORMED SERVICES ADDRESS [INCLUDING ZIP CODE] o Male o Female SOCIAL SECURITY NUMBER GENDER BIRTHDATE AREA CODE DAYTIME TELEPHONE NUMBER, IF ONE Privacy Act Notice: This form requires your Social Security number for identification and to prevent fraud. Your application will be denied if you fail to provide your Social Security number or any other information necessary to determine your qualification to vote. Federal law (the Privacy Act and Help America Vote Act) and state law (the Virginia Constitution, Article II, 2; Title 24.2 of the Code of Virginia; and the Virginia Government Data Collection and Dissemination Support Act) authorize collecting this information and restrict its use to official purposes only. 17

18 PROVISIONAL VOTE ENVELOPE CO returns Provisional Vote Envelope to voter and gives voter the ballot. CO provides private place for voter to vote his ballot. He then instructs voter to place voted ballot in envelope, seal and return envelope to CO. 18

19 PROVISIONAL VOTE ENVELOPE CO reads statement on back of PVE to voter; voter checks appropriate reason(s) for submitting provisional ballot. Voter must sign envelope. CO must also sign and date envelope and indicate if voter did not present ID. 19

20 PROVISIONAL VOTE ENVELOPE OFFICER OF ELECTION: Use this envelope only when (A) the name of the voter IS NOT on the pollbook and you either have no way to contact the General Registrar or the General Registrar authorizes its use or (B) the voter s name IS on the pollbook but voter meets conditions 3 6 below. Have voter complete the top portion. Read the statement below to the voter and have the voter verify the information and sign. You also must sign. Voter must vote a paper ballot and seal the voted ballot in this envelope. Enter voter s information in Precinct Provisional Ballots Log. Do NOT mark pollbook. Electoral Board will determine voter qualification. STATEMENT OF VOTER I hereby make the following statement, subject to felony penalties: I am qualified and registered to vote in this precinct, and [check box(es) that apply]: A. VOTER S NAME IS NOT ON POLLBOOK 1. o I am now or have been an actual resident of this precinct at some time since the November general election last year; OR 2. o I have been an actual resident of this precinct at some time since the second preceding general federal election, I am now an actual resident of this county or city, and my present residence is in the same congressional district as this precinct. B. OTHER REASON(S) STATED BELOW (MULTIPLE REASONS MAY APPLY) 3. o I am voting after the normal poll closing time due to a court order extending the time established by state law for closing the polls; OR 4 o I applied for an absentee ballot but do not have it with me for the following reason: o never received o lost o returned unused o spoiled OR o returned damaged; OR 5. o I am shown in the pollbook as having already voted; OR 6. o Other: To the best of my knowledge, I am not disqualified from voting by the Constitution and laws of this Commonwealth and my registration is not subject to cancellation. The information given on the reverse side of this document is true and correct, and I have not voted and will not vote in this election at any other time or place. WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO 10 YEARS IN PRISON, OR UP TO 12 MONTHS IN JAIL AND/OR FINED UP TO $2,500. o Voter ALSO did not present required identification For Office Use: o Voter later provided copy of required identification (attach copy). Initials of Election Official Date SIGNATURE OF OFFICER OF ELECTION SIGNATURE OF VOTER DATE 20

21 PROVISIONAL VOTER NOTICE CO gives notification (HAVA-5 or SBE-643N) to voter which details when the Electoral Board will meet to determine eligibility of the provisional ballot. CO must check the reasons why the provisional ballot was issued. 21

22 PROVISIONAL VOTER NOTICE , Code of Virginia The Officer of Election must give this notice to every voter completing a provisional ballot at the polling place for one of the reasons indicated below. The Officer must also check the provisional reason(s) below that correspond to the voter's provisional ballot envelope. Dear Provisional Voter: You voted a provisional ballot today for the reason(s) checked below. The Prince William County Electoral Board will determine which provisional ballots should be counted. The meeting will begin at 12 Noon on Wednesday after the election at 9250 Lee Avenue, Suite 1, Manassas. You have the right to attend the meeting to present any information that might prove you are a qualified registered voter of this precinct; you may bring legal counsel with you. You may also request an extension of the meeting to the next day in order to provide such information. If you have any questions, call the General Registrar's office at or If the Electoral Board cannot determine that you are a qualified registered voter of this precinct, then your ballot will not be counted. After the completion of the vote count, you can find out if your ballot was counted by calling the toll-free number: asking for locality #153. You may also call Name not on pollbook (Reasons #1 and #2 on provisional ballot envelope) Your name did not appear on the list of persons registered to vote in this precinct, and the General Registrar either could not determine your qualifications to vote or could not be reached. Since you told the Election Officer that you are qualified and registered to vote in this precinct, you have been given a provisional ballot to vote. To count your ballot, the Electoral Board must determine that you are or should have been registered for this election and are qualified to vote in this precinct. If you applied for registration at a DMV or another government agency, please provide the agency name, location and approximate date to the Officer of Election. If you have a registration receipt from an agency, please provide the information to the Officer while you are at the polls, or call your local General Registrar before the meeting listed above. If it is proven that you attempted to register before the close of books at a DMV office or another National Voter Registration Act designated agency (and only at these offices), the Registrar will use the voter registration application you completed and turned in at the polls today to determine your qualifications to be registered, which may result in your ballot being counted. If your registration was cancelled and you believe this was in error, you may provide information to this effect to the General Registrar before the meeting listed above or attend to present your information. The General Registrar will notify you in writing if you are not properly registered. Voted after normal poll closing (Reason #3) You were required to vote a provisional ballot because you voted after the normal poll closing time due to a court order extending the voting hours established by state law. If the court order has not been overturned when the ballots are ready to be counted, and you are otherwise registered and qualified to vote in this precinct, your ballot will be counted. If another provisional reason also applies to you, please see that reason. Absentee ballot lost or not received (Reason #4) You were required to vote a provisional ballot because our records show that you were issued an absentee ballot but it had not been returned prior to election day, either marked or unmarked. You offered to vote in your regular polling place, indicating that your absentee ballot was unavailable, spoiled or uncountable. If you are otherwise registered and qualified to vote in this precinct, your provisional ballot will be counted after the Electoral Board verifies that your absentee ballot was not received and counted. Shown as having already voted (Reason #5) You are required to vote a provisional ballot because the pollbook shows you have already cast a ballot. If elections officials are able to determine that you did not actually cast a ballot, or that there is an error within their records, your ballot will be counted. Other (Reason #6) 22

23 PRECINCT PROVISIONAL BALLOTS LOG CO must legibly complete the Precinct Provisional Ballots Log with all the required information. Attach the Log to the outside of the 1A or 1B Envelope or inside the PVE manilla envelope, as appropriate, after polls closed. 23

24 COMPLETION OF ENVELOPE 1A If voting hours were extended by the court, remove all envelopes with #3 checked. They go in Envelope 1B. Double check marked envelopes. Count number of remaining sealed envelopes. Enter the number of envelopes with ballots cast during normal hours on Line 1 on the back of the 1A Envelope. Separate any that are ID-only (lime green) and secure together with a rubber band. Place all these envelopes in 1A Envelope. 24

25 COMPLETION OF ENVELOPE 1A Two EOs sign the certification statement on the back of the 1A Envelope. Seal the 1A Envelope with seal signed by at least two EOs. Attach 1A Log Sheet and Provisional Ballot Voter Information Sheets to the large 1A Envelope (may be in manilla envelope). 25

26 COMPLETION OF 1B ENVELOPE If hours were extended by the court, follow same procedure for the envelopes with reason #3 checked. Attach 1B Log and Provisional Ballot Voter Information Sheets to outside of large 1B Envelope. 26

27 HOURS EXTENDED BY COURT If the hours for voting are increased, begin a new Log Sheet for those voters who got in line after the last voter from the initial hours. The same ID requirements apply to these voters as other voters. Each voter will vote a Provisional Ballot and NOT be checked into the EPB as Provisional. 27

28 NO PROVISIONAL BALLOTS If there are NO provisional ballots, do not sign or seal the 1A or 1B Envelopes! 28

29 END OF THE DAY REPORTING CALL-IN SHEET -- SBE REQUIREMENTS No-ID Provisional Provisional Voter in Pollbook (ID provided) Provisional Voter Not in Pollbook (ID provided) 29

30 ELECTION NIGHT CALL-IN SHEET Total Voters (from SOR Part E, Line 5) Provisional Votes A. No-ID Provisionals (ID not provided) B. In Pollbook (ID provided) C. Not in Pollbook (ID provided) Total Provisional Votes (A+B+C) Outside Polls (from SOR Line A-9) 1 st and 10 th CD 30

31 SBE REQUIREMENTS FOR ELECTION RESULTS REPORTING Specific Categories of Provisional Ballots Cast Absentee Never Received Lost Returned Damaged or Spoiled Returned Unused Marked Already Voted HAVA ID Required Poll Book Open Late 31

32 SBE REQUIREMENTS FOR ELECTION RESULTS REPORTING Specific Categories of Provisional Ballots Cast Non-Absentee No ID Poll Book Open Late Marked Already Voted Because of these SBE requirements, it is imperative that you report the proper category of Provisional Ballot cast for each voter! 32

33 FOR FURTHER INFORMATION State Code of Virginia , , -653, , -706, -708 GRE Handbook, Chapter 29 What-Ifs PWC Chief and Asst. Chief Manual 33

34 CONTACT INFORMATION DIANA DUTTON Administrative Manager of Elections Prince William County Office of Elections 9250 Lee Avenue, Suite 1 Manassas, VA (703)