52 U.S.C. § 21082 — Provisional voting and voting information requirements
submitted 24 years ago by Pub. L. 107-252 to r/title-52-VOTING-AND-ELECTIONS · 769 words · no verdicts yet
If a voter's name is missing from the rolls, or an official disputes their eligibility, they must still get to cast a provisional ballot. Officials must post voting information at every polling place and verify each provisional ballot before counting it.
(a) Provisional voting requirements: If someone says they are a registered voter eligible to vote in a federal election, but their name is not on the polling place's list, or an election official disputes their eligibility, they must be allowed to cast a provisional ballot as follows:
(1) A polling-place election official must tell the person they may cast a provisional ballot.
(2) The person can cast that ballot after signing a written statement, before an election official, saying they are (A) a registered voter in that jurisdiction, and (B) eligible to vote in that election.
(3) The polling-place official must send the ballot or the voter's written statement to the right state* or local official for prompt checking under paragraph (4).
(4) If that state or local official decides the person was eligible under state law, the ballot counts as a vote under state law.
(5) (A) When someone casts a provisional ballot, the state or local official must give them written information saying they can find out, under the system described in (B), whether their vote was counted and, if not, why. (B) The state or local official must set up a free system, such as a toll-free number or website, that lets anyone who cast a provisional ballot check whether it was counted and, if not, why. States without individual voter-registration requirements, described in section 20503(b) of this title, may meet this rule using their existing state-law voter-registration process. The official must keep reasonable safeguards to protect the security, privacy, and accuracy of information the free-access system collects or stores. Only the person who cast the ballot can access information about that specific ballot.
(b) Voting information requirements: (1) Public posting on election day: The state or local election official must publicly post voting information at every polling place on election day. (2) Voting information defined: "Voting information" means (A) a sample ballot for that election; (B) the election date and polling hours; (C) instructions on how to vote, including how to cast a provisional ballot; (D) instructions for people who registered by mail and first-time voters, under section 21083(b) of this title; (E) general information on voting rights under federal and state law, including the right to a provisional ballot and how to report a violation; and (F) general information on federal and state fraud and misrepresentation laws.
(c) Voters who vote after the polls close: Anyone who votes because a court order, or any other order, extended the polls' closing time past the deadline set by state law 10 days before the election, may only vote using a provisional ballot under subsection (a). That ballot must be kept separate from other provisional ballots not affected by the order.
(d) Effective date for provisional voting and voting information: Every state and jurisdiction must comply with this section starting January 1, 2004.
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:
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 20503(b) of this title 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.
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.
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 21083(b) of this title;
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.
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.
Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2004.
Source credit: (Pub. L. 107–252, title III, § 302, Oct. 29, 2002, 116 Stat. 1706.)
- 2002Enacted · Pub. L. 107-252 · 116 Stat. 1706
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-252 on 2002-10-29.
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