Provisional Ballot GOTV Tactics

Provisional ballots can be key to a successful GOTV effort, yet many people appear confused as to how provisional ballots are used. I'm a lawyer who has reviewed the Help America's Voters Act (HAVA), and who has extensive experience both conducting elections and organizing field work in political campaigns. I'd like to offer some thoughts on how we can use HAVA to spike our GOTV effort a bit.

HAVA was passed in 2000, in response to the Florida debacle. Its most far-reaching effect may very well turn out to be its mandate on the use of provisional ballots. One of the most troubling concerns over the 2000 elections were the tens of thousands of voters who were denied the right to vote because they failed to appear on the registration roll, even though they were registered. HAVA thus directs election officials to provide to a voter who "...the election official asserts...is not eligible to vote...", a provisional ballot, and to allow him to cast his vote "provisionally", once the voter states that he is registered and eligible to vote.

These provisional ballots are separated from the other ballots by the polling officials, and are turned in to central election officials who then decide which of the provisional voters are eligible to have their votes counted. Any ballots not counted must be secured for at least 10 days, and by implication be subject to judicial review at the requst of an unsuccessful candidate. A point to stress is that provisional ballots are just as good as regular votes. Who cares if our provisional ballots are not counted if we win or lose big. But if we're forced to scrape the barrel for every vote, it'll help to have a barrel-full of our provisional ballots to walk into court with.

Polling officials may or may not be familiar with the use of provisional ballots, depending on whether their state has used them in the past. Regardless, HAVA is clear. Provisional ballots must be available for use in all federal elections. One caveat is that courts have held that a voter who states that she is registered and eligible to vote, must also be in the right polling place in order to be eligible to vote provisionally. This presents probably the most important logistical issue to deal with in GOTV and provisional ballots. Make sure the voter goes to the right polling place, and that he is able to state that he registered and is eligible to vote. Once this is assured, there is absolutely no reason why a voter may not be allowed to vote provisionally, even if his name does not appear on the voter registration roll, and even if the election official does not believe the voter's statements, or otherwise believes the voter is ineligible to vote.

Provisional voting is thus our ace-in-the-hole in GOTV. Thug Rs tore up your registration card when they found out you're a D? Dino election official didn't register you because you didn't check-off on your US citizenship even though you swore you were a citizen when you signed the card, or because the registration form is not the proper weight? Your name was dropped off the roll by accident or design? Your name was purged from the roll because you hadn't voted recently or because you have the same name as a felon? Polling judge doesn't want to let you vote for whatever reason? All of this is trumped by HAVA. Indeed, under HAVA only a voter can disqualify himself from voting provisionally, by stating he is registered in another voting precinct, or by stating he did not register or is otherwise not eligible to vote. Otherwise, the election official cannot deny a voter the right to vote provisionally.

It's up to us to make sure we can squeeze every vote out of this Tuesday -- including every provisional vote. Let's not let them deny us this federal right.     *Update*: What is a registered voter? One who has properly filled out her registration application and either given it to an appropriate person (a registrar or deputy or someone authorized), or placed it in the US mail. Such a person is registered regardless of whether the person's name appears on the roll, and even if the application was never received by the registrar.

•  Important message, recommended

  Thanks for your informed insights.  The battle to get out the vote now includes fighting the misinformation and threats from GOP thugs who will swarm all over Democratic strongholds.

  I recommend this diary.

  by RunnerAlan on Mon Oct 25, 2004 at 04:48:56 PM PDT