Don’t believe conspiracy theories about provisional ballots

This article is the fifth in a five-part series. “Protecting Elections.” As former President Donald Trump and many of his allies refuse to concede defeat in the 2020 election, this MSNBC Daily series invites election law and policy experts to explore the many threats to certification of election results at both the state and national levels.

One Last column for MSNBCI noted that in elections “everything looks suspicious when you don’t know how it all works.” As Election Day approaches, this provision will apply to more and more election applications.

Election management is a complex mix of laws, rules and technology – and ignorance of how elections are held can lead to misunderstandings or unfounded conspiracy theories. Almost anything can become a target of suspicion and strife. Former President Donald Trump and his allies have already voiced evidence-based doubts about him in a scorched-earth strategy to undermine the legitimacy of the presidential election if he loses. “non-citizen voting” military and overseas ballots And voter registration.

Provisional ballots are likely to be added to this list soon. Once post-election vote counting begins, with potentially razor-thin margins between winners and losers, provisional ballots are fertile ground for legal wrangling and false claims. Like mail ballots, provisional ballots take time to be counted; It is difficult to predict how many there will be (although it may exceed 1 million, based on past election data); and they will probably be considered last. For all these reasons, provisional votes invite rumors and potential confusion.

Provisional ballots are issued to voters when there is uncertainty for any reason regarding a voter’s eligibility to vote in person. Whether a provisional ballot is ultimately accepted (or rejected) depends on additional post-election investigations of voters’ eligibility by election officials.

Provisional ballots are required under the federal Help America Vote Act (HAVA) of 2002; This law created this security measure to help ensure that eligible voters are not turned away from the polls if there are errors with their registration. Exemptions were granted to states that enacted same-day voter registration until 1993, and currently every state except Idaho and Minnesota are issuing provisional ballots.

Since the 10th Amendment resulted in a decentralized system of election administration in the United States, each state handles provisional ballots differently, but there are common reasons for using them.

A typical situation would be when a voter goes to vote in person, provides identification information, and after checking the voter rolls, the poll worker says, “There appears to be a problem with your registration.” Maybe the voter’s name does not appear in the records; or the address on record does not match the voter ID; However, voters insist that they voted at the ballot box for years. In this case, the ballot box official issues a provisional ballot paper.

Other reasons for a provisional ballot may include: The voter does not have proper identification information; the voter applied for a mail-in ballot but now wants to vote in person (for example, if the voter never received a mail-in ballot); the voter is attempting to vote in a district or jurisdiction other than their own registration; or records show that the voter has already voted. Different states may have additional reasons for using a provisional ballot, but these are the most common scenarios.

When a provisional ballot is issued, poll workers keep it separate from regular ballots that go to the polls (because investigation is required to determine whether the ballot can be counted). Typically, the voter marks a paper provisional ballot that is placed in a secrecy envelope. Provisional ballots are typically printed to include an area where voters can record their personal information and, most importantly, an affidavit or attestation where the voter must sign an affidavit or declaration indicating that they are eligible to vote.

The contents of the provisional ballot remain secret while election officials investigate the voter’s eligibility. Because provisional ballots take time to be processed, election officials typically search for these ballots later in the counting cycle. If a voter’s eligibility is confirmed, the ballot is “unsealed” and counted; and if the ballot is rejected it is never opened. HAVA requires state or local election officials to provide voters with information on how to find out if their provisional ballot was accepted and counted (and if not, why it was not counted). Some states allow voters to check the status of their ballots through online portals.

Everyone needs to be patient during the post-election counting process and resist false “noise” regarding provisional votes. The point to note is that there are perfectly legitimate administrative reasons that might prevent a poll worker from knowing with certainty whether someone is eligible to vote the moment they check in at the polling place; and in these cases, rather than turning away the voter, provisional voting provides a “waiting zone” to prevent disenfranchisement.

Most importantly, provisional ballots are a critical test of the “one person, one vote” rule. Counting ballots is more than counting; It is an intense, laborious and multi-step process with strict protocols to protect the integrity of the votes. While election officials attempt to accept valid provisional ballots from as many eligible voters as possible (i.e., to prevent disenfranchisement), they also reject ballots from ineligible voters (i.e., to maintain integrity). Officials must comply with state laws and policies, verify that all requirements are met, and no election results should be finalized until all provisional ballots are concluded. Every valid vote is counted, invalid votes are not.

This methodical process ensures a free and fair election that values both integrity And voter turnout.