| (a) Deadline to Complete Review.
(1) Except as provided in paragraph (2) of this subsection,
the voter registrar shall complete the review of the Provisional Ballot
Affidavit Envelopes no later than the sixth calendar day after election
day.
(2) For an election held on the date of the general
election for state and county officers, the voter registrar shall
complete the review of the Provisional Ballot Affidavit Envelopes
no later than the seventh calendar day after election day.
(b) Post-Election Submission of Identification to Voter
Registrar under §65.0541 of the Code.
(1) A voter who cast a provisional ballot due to the
voter's failure to present an acceptable form of identification at
the polling place may correct the problem by:
(A) presenting an acceptable form of identification
as set forth in §63.0101 of the Code to the voter registrar;
(B) applying for and receiving a disability exemption
under §13.002(i) of the Code; or
(C) completing one of the affidavits set out in §65.054(b)(2)(B)
(religious objection) or
(C) (natural disaster) of the Code in the presence
of the registrar not later than the sixth day after the date of the
election.
(2) If the sixth day falls on a Saturday, Sunday, or
legal state or national holiday, the deadline is extended to the next
business day in accordance with §1.006 of the Code.
(3) At a minimum, the voter registrar's office shall
remain open and available for provisional voters to present an acceptable
form of identification described by §63.0101 of the Code to the
registrar or apply for an exemption under this rule during regular
business hours on regular business days.
(4) After the provisional voter submits an acceptable
form of identification described by §63.0101 of the Code, applies
for the disability exemption under §13.002(i) of the Code, or
completes one of the affidavits set out in §65.054(b)(2)(B) (religious
objection) or (C) (natural disaster) of the Code in the presence of
the voter registrar, the voter registrar shall review the form of
identification or exemption request and follow the applicable procedure.
(A) For voters presenting one of the acceptable forms
of identification described by §63.0101 of the Code, the photo
identification must meet the same standards as required on election
day. Therefore, the voter registrar must:
(i) Review the photo identification's expiration date
(if applicable), and ensure that it is valid and has not expired earlier
than 60 days before the date of presentation;
(ii) Determine if the provisional voter's name, as
listed on the acceptable form of identification, is identical to or
substantially similar to the provisional voter's name as it appears
on the official list of registered voters; and
(iii) Verify the voter's identity through the acceptable
identification provided.
(B) The disability exemption form prescribed by the
Secretary of State must be completed and signed by the provisional
voter and must be accompanied by written documentation from the United
States Social Security Administration evidencing that the provisional
voter has been determined to have a disability, or from the United
States Department of Veterans Affairs evidencing that the provisional
voter has at least a 50 percent disability rating. The documentation
must be maintained by the voter registrar with other records pertaining
to the provisional voter's voter registration.
(C) A request for a temporary exemption under §65.054(b)(2)(B)
(religious objection) or (C) (natural disaster) of the Code need not
be accompanied by any supporting documentation other than the affidavit,
and the voter registrar will rely on the sworn statement of the provisional
voter on the affidavit to support the truth of the statements therein.
(5) The voter registrar will enter the provisional
voter's information on the Provisional Voters Appearing to Voter Registrar
During Cure Period form.
(6) The provisional voter will sign the Provisional
Voters Appearing to Voter Registrar During Cure Period form.
(7) If the voter's name on the acceptable form of identification
does not exactly match, but is substantially similar to the name as
it appears on the official list of registered voters, the voter must
complete the similar name affidavit located on the Provisional Voters
Appearing to Voter Registrar During Cure Period form.
(8) If the voter registrar has possession of the Provisional
Ballot Affidavit Envelopes, the voter registrar shall mark the voter's
Provisional Ballot Affidavit Envelope to reflect that the voter:
(A) presented an acceptable form of identification;
or
(B) applied for and received the disability exemption
under §13.002(i) of the Code, with documentation evidencing receipt
of the exemption; or
(C) completed one of the affidavits set out in §65.054(b)(2)(B)
(religious objection) or (C) (natural disaster) of the Code in the
presence of the voter registrar; or
(D) failed to satisfy the identification or affidavit
requirements.
(9) If the provisional voter submitted an application
for the disability exemption, the voter registrar shall attach the
completed application to the provisional voter's original voter registration
application and issue the voter a new certificate containing the indication
required under §15.001(c) of the Code.
(10) If the provisional voter submitted an application
for one of the temporary exemptions under §65.054(b)(2)(B) (religious
objection) or (C) (natural disaster) of the Code, the voter registrar
will attach the temporary exemption affidavit to the voter's Provisional
Ballot Affidavit Envelope.
(11) Poll watchers are not entitled to be present during
the voter registrar's review.
(c) Review of Provisional Ballot Affidavit Envelopes
by Voter Registrar.
(1) The voter registrar shall review information from
the following sources to attempt to determine a provisional voter's
registration status:
(A) The voter registrar's own county voter registration
files and records;
(B) The Department of Public Safety;
(C) Volunteer Deputy Registrars; and
(D) Other records that may establish the provisional
voter's eligibility.
(2) The voter registrar must examine each Provisional
Ballot Affidavit Envelope, determine the provisional voter's registration
status from the sources described in paragraph (1)(A) - (D) of this
subsection, and mark the appropriate status on the Provisional Ballot
Affidavit Envelope.
(3) For provisional voters who did not present an acceptable
form of identification at the polling place, the voter registrar must
mark one of the following on the Provisional Ballot Affidavit Envelope.
(A) Voter presented acceptable form of identification
described by §63.0101 of the Code within six days of election
day.
(B) Voter met disability exemption within six days
of election day.
(C) Voter executed religious objection affidavit within
six days of election day.
(D) Voter executed natural disaster affidavit within
six days of election day.
(E) Voter did not satisfy identification or affidavit
requirements, listed in subparagraphs (A) - (D) of this paragraph,
within six days of election day.
(4) For provisional voters who voted provisionally
for other reasons, the voter registrar must mark one of the following
on the Provisional Ballot Affidavit Envelope.
(A) Not a registered voter or registration not effective
in time for this election.
(B) Registered to vote, erroneously listed in wrong
precinct.
(C) Registered to vote in a different precinct within
the county.
(D) Information on file indicating applicant completed
a voter registration application, but it was never received in the
voter registrar's office.
(E) Voter erroneously removed from the list.
(F) Voter is not registered to vote in ____________
political subdivision.
(G) Other _________________ (Please explain).
(5) The voter registrar shall sign and date each Provisional
Ballot Affidavit Envelope after the registrar completes the review.
(6) The voter registrar shall copy the Provisional
Ballot Affidavit Envelope of each provisional voter who was not registered
to vote, who was registered but whose information contained updated
voter registration information, who was erroneously cancelled, who
was listed in the wrong precinct, or for any other reason the voter
registrar deems necessary.
Cont'd... |
