(a) Polling Place Preparation.
(1) If using optical scan or regular paper ballots,
the election judge shall set aside a sufficient number of regular
ballots from the supply of official ballots and write or stamp "provisional"
on the back of the ballot (referred to as "provisional ballots").
(2) The election judge shall keep the provisional ballots
separate from the regular ballots.
(3) Provisional ballots may be cast electronically
on a Direct Record Electronic (DRE) voting system if:
(A) the system is one approved by the Secretary of
State under Chapter 122 of the Code;
(B) the system is adopted by the governing body of
the political subdivision under §123.001 of the Code;
(C) the system segregates provisional votes from regularly-cast
votes on the precinct returns; and
(D) the system provides a method for the cast provisional
ballots to be accepted and added to the election results by the Early
Voting Ballot Board or central counting station personnel, as applicable.
(4) The election judge shall prepare the DRE voting
system for provisional voting in accordance with instructions provided
by the general custodian of election records, which may include the
instructions of the vendor of the system.
(b) Polling Place Procedures for Provisional Voting.
(1) If a voter is eligible to cast a provisional ballot
under the provisions set forth in §81.172(a) of this subchapter
(relating to Eligibility to Vote a Provisional Ballot at the Early
Voting or the Election Day Polling Place) and §63.011 of the
Code, the election judge shall immediately inform the voter of this
right.
(2) The election judge shall advise the provisional
voter that in order to have the voter's provisional ballot accepted,
the provisional voter must be voting in the election precinct to which
the voter is assigned.
(3) If the voter is not on the precinct list of registered
voters, the election judge may assist the voter in determining the
voter's correct precinct.
(4) If the provisional voter has no acceptable form
of identification, the voter may still be permitted to vote a provisional
ballot, but will be advised by the election judge that in order to
have the provisional ballot accepted, no later than the sixth calendar
day after the election date, the voter must:
(A) present an acceptable form of identification described
by §63.0101 of the Code to the voter registrar;
(B) execute an affidavit for a temporary exemption
in the presence of the voter registrar; or
(C) submit a complete application for a permanent disability
exemption to the voter registrar in person or through acceptable means
of transmission under the Code.
(5) The election judge must inform the voter that in
order to vote a provisional ballot, a provisional voter must complete
and sign the Provisional Ballot Affidavit Envelope. The Provisional
Ballot Affidavit Envelope, a form prescribed by the Secretary of State
in accordance with §31.002 and §63.011 of the Code, shall
include the following:
(A) A statement that the provisional voter is a registered
voter in the election precinct in which the voter seeks to vote and
that the voter is eligible to vote in the election; and
(B) A space for disclosure of any information necessary
to enable the person to register to vote under Chapter 13 of the Code
if the voter proves to be unregistered.
(6) The election judge shall complete the appropriate
judge's portion of the reverse side of the Provisional Ballot Affidavit
Envelope.
(7) The election judge shall check the appropriate
box, "yes" or "no," as to whether the voter presented an acceptable
form of identification described by §63.0101 of the Code.
(8) The election judge shall check the reason for which
the voter voted provisionally on the Provisional Ballot Affidavit
Envelope. The reasons include:
(A) Failed to present acceptable form of identification
described by §63.0101 of the Code or the voter registration certificate
with exemption;
(B) Voter not on list of registered voters;
(C) Voter not on list, registered in another precinct;
(D) Voter on list of people who voted early by mail,
and voter has not cancelled mail ballot application;
(E) Voting after 7:00 p.m. due to court order;
(F) Voter on list, but registered residence address
outside the ___________political subdivision; or
(G) Other _________________ (Please explain).
(9) The election judge shall then sign the Provisional
Ballot Affidavit Envelope.
(10) After the provisional voter and the election judge
complete the Provisional Ballot Affidavit Envelope, the election judge
shall enter the provisional voter's name on the Early Voting List
of Provisional Voters form or the List of Provisional Voters form,
as applicable, prescribed by the Secretary of State.
(11) The election judge shall add the name of the provisional
voter to the poll list or combination form and mark the voter as "Provisional."
(12) The provisional voter shall sign the regular signature
roster or combination form in the appropriate place.
(13) The election judge shall provide to the voter
a Notice to Provisional Voter. This form must inform the provisional
voter that the voter will receive notice in the mail about whether
the voter's provisional ballot was counted. The form may also provide
the voter with information explaining that the Provisional Ballot
Affidavit Envelope will be used by the voter registrar to register
the voter or update the voter's registration, as applicable.
(14) The Notice to Provisional Voter for Voters Voting
Provisional due to lack of ID is a form prescribed by the Secretary
of State and must also contain the following information:
(A) The list of acceptable forms of identification
described by §63.0101 of the Code, as well as the available exemptions;
(B) The procedure for presenting identification to
the voter registrar, executing an affidavit for a temporary exemption
in the presence of the voter registrar, and applying for a permanent
disability exemption, not later than the sixth day after the election
date;
(C) A map showing the location of the voter registrar
(attached by administrator of election);
(D) Notice that if all procedures are followed and
the provisional voter is found to be eligible to vote and is voting
in the correct election precinct, the voter's provisional ballot will
be accepted by the Early Voting Ballot Board after the election; and
(E) A place for the election official to enter the
voter's name, voter unique identifier (VUID) number (if available),
and the precinct polling place at which the provisional ballot was
voted.
(15) If provisional voting is being conducted with
paper or optical scan ballots, the election judge and provisional
voter must adhere to the following steps.
(A) The election judge shall direct the provisional
voter to choose a ballot from a disarranged (random numerical order)
supply of pre-designated "provisional" ballots that are separate from
regular ballots, in accordance with §62.009 of the Code.
(B) After marking the provisional ballot, the voter
must place the ballot in the provided secrecy envelope, and then place
the secrecy envelope (with ballot inside) inside the Provisional Ballot
Affidavit Envelope. The Provisional Ballot Affidavit Envelope must
be sealed.
(C) The provisional voter must deposit the Provisional
Ballot Affidavit Envelope in the secure container for completed Provisional
Ballot Affidavit Envelopes provided at the polling place.
(16) If provisional voting is being conducted on DRE
voting machines, the election judge shall prepare the DRE voting machine
for provisional voting in accordance with instructions provided by
the general custodian of election records, which may include the instructions
of the vendor of the system. After the provisional voter completes
the voting process, the completed Provisional Ballot Affidavit Envelope
will be deposited in the secure container for completed Provisional
Ballot Affidavit Envelopes provided at the polling place.
(c) Early Voting by Personal Appearance Provisional
Ballot Procedures.
(1) To the extent practicable, the early voting clerk
or deputy early voting clerk shall follow election day provisional
ballot procedures during the early voting period.
(2) The provisional voter's precinct number shall be
added to the Early Voting List of Provisional Voters.
(3) The early voting clerk may deliver the provisional
ballot envelopes cast during early voting to the voter registrar.
The early voting clerk must sign the List of Provisional Ballots before
transfer to the voter registrar. The voter registrar shall sign the
List of Early Voting Provisional Voters to verify receipt of the provisional
ballot envelopes.
(4) The voter registrar shall review the Provisional
Ballot Affidavit Envelopes as set out in §81.175 of this subchapter
(relating to Voter Registrar Review of Provisional Ballot Affidavit
Envelopes).
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