Below is section 302 from the "Help America Vote Act" (HAVA) passed in
the aftermath of the 2000 General Election in the US. You can see the
whole act at <http://www.eac.gov/law_ext.asp> but the section
below concerns provisional ballots and your rights if your name does
not appear on the list of eligible voters for that district. You may
want to print this, but you should at least read and be aware if it!
HELP AMERICA VOTE ACT OF 2002
Public Law 107-252
107th Congress
An Act
To establish a program to provide funds to States to replace punch card
voting systems, to establish the Election Assistance Commission to
assist in the administration of Federal elections and to otherwise
provide assistance with the administration of certain Federal election
laws and programs, to establish minimum election administration
standards for States and units of local government with responsibility
for the administration of Federal elections, and for other purposes.
<<NOTE: Oct. 29, 2002 - [H.R. 3295]>>
Be it enacted by the Senate and House of <<NOTE: Help America
Vote Act of 2002.>> Representatives of the United States of
America in Congress assembled,
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SEC. 302./a> <<NOTE: 42 USC 15482.>>
PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.
- Provisional Voting
Requirements.--If an individual declares that such individual is a
registered voter in the jurisdiction in which the individual desires to
vote and that the individual is eligible to vote in an election for
Federal office, but the name of the individual does not appear on the
official list of eligible voters for the polling place or an election
official asserts that the individual is not eligible to vote, such
individual shall be permitted to cast a provisional ballot as follows:
- <<NOTE:
Notification.>> An election official at the polling place shall
notify the individual that the individual may cast a provisional ballot
in that election.
- The individual shall
be permitted to cast a provisional ballot at that polling place upon
the execution of a written affirmation by the individual before an
election official at the polling place stating that the individual is--
- a registered voter
in the jurisdiction in which the individual desires to vote; and
- eligible to vote
in that election.
- An election official
at the polling place shall transmit the ballot cast by the individual
or the voter information contained in the written affirmation executed
by the individual under paragraph (2) to an appropriate State or local
election official for prompt verification under paragraph (4).
- If the appropriate
State or local election official to whom the ballot or voter
information is transmitted under paragraph (3) determines that the
individual is eligible under State law to vote, the individual's
provisional ballot shall be counted as a vote in that election in
accordance with State law.
- At the time that an
individual casts a provisional ballot, the appropriate State or local
election official shall give the individual written information that
states that any individual who casts a provisional ballot will be able
to ascertain under the system established under subparagraph (B)
whether the vote was counted, and, if the vote was not counted, the
reason that the vote was not counted.
- The appropriate
State or local election official shall establish a free access system
(such as a toll-free telephone number or an Internet website) that any
individual who casts a provisional ballot may access to discover
whether the vote of that individual was counted, and, if the vote was
not counted, the reason that the vote was not counted.
States described in section 4(b) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements of this
subsection using voter registration procedures established under
applicable State law. The appropriate State or local official shall
establish and maintain reasonable procedures necessary to protect the
security, confidentiality, and integrity of personal information
collected, stored, or otherwise used by the free access system
established under paragraph (5)(B). Access to information about an
individual provisional ballot shall be restricted to the individual who
cast the ballot.
- Voting Information
Requirements.--
- Public posting on
election day.--The appropriate State or local election official shall
cause voting information to be publicly posted at each polling place on
the day of each election for Federal office.
- Voting information
defined.--In this section, the term ``voting information'' means--
- a sample version
of the ballot that will be used for that election;
- information
regarding the date of the election and the hours during which polling
places will be open;
- instructions on
how to vote, including how to cast a vote and how to cast a provisional
ballot;
- instructions for
mail-in registrants and first- time voters under section 303(b);
- general
information on voting rights under applicable Federal and State laws,
including information on the right of an individual to cast a
provisional ballot and instructions on how to contact the appropriate
officials if these rights are alleged to have been violated; and
- general
information on Federal and State laws regarding prohibitions on acts of
fraud and misrepresentation.
- Voters Who Vote After the
Polls Close.--Any individual who votes in an election for Federal
office as a result of a Federal or State court order or any other order
extending the time established for closing the polls by a State law in
effect 10 days before the date of that election may only vote in that
election by casting a provisional ballot under subsection (a). Any such
ballot cast under the preceding sentence shall be separated and held
apart from other provisional ballots cast by those not affected by the
order.
- Effective Date for
Provisional Voting and Voting Information.--
Each State and jurisdiction shall be required to comply with the
requirements of this section on and after January 1, 2004.