Provisional Ballots

  • When the ballot of any voter is challenged by a poll watcher,
    • an election official must inform the voter that his/her ballot is being challenged by a poll watcher
    • the poll watcher challenging the ballot must display a valid affidavit in the form of a “Poll Watcher Authorization Form”
    • the poll watcher must complete a “Challenged Ballot Form”
    • the voter must vote on a paper ballot initialed by the election official
    • the voter must place the provisional ballot in a single envelope marked “Provisional Ballot” and seal the envelope, and
    • the voter must place the sealed “Provisional Ballot” envelope, and the “Challenged Ballot Form” in an envelope marked “Provisional Voter” the election official must maintain a separate list of names of provisional voters
  • All provisional ballots must be preserved, secured, and separated from the remaining ballots to the end that the right of any person to vote may be determined later by the county board of election commissioners or the court in which an election contest may thereafter be filed.
  • The county board of election commissioners must, prior to certification of the results of the election, determine whether the provisional ballots are valid. If, upon examination of any provisional ballots, the county board of election commissioners suspects that a violation of election laws has occurred, the board may refer the matter to the prosecuting attorney.