At all elections, a voter claiming to be properly registered in the state and eligible to vote at the precinct in the election but whose eligibility cannot be determined, a person whom an election official asserts is not eligible , shall be entitled to vote a provisional ballot.
Any voter that cast a provisional ballot will be given written instructions on how to find out if their ballot was counted in the final canvass of votes and, if not, the reasons why. The written instructions will inform the voter that he or she has the right to present written evidence supporting his or her eligibility to vote to the Supervisor of Elections not later than 5 PM on the second day following the election. The instructions will also include how to access the system and the information the voter will need to provide to obtain information on his or her particular ballot. Information regarding provisional ballots shall be available no later than 30 days following the election.
The Canvassing Board shall examine each Provisional Ballot Voter’s Certificate and Affirmation to determine if the person voting that ballot was entitled to vote at the precinct where the voter cast a vote in the election and that the voter had not already cast a ballot in the election. In determining whether a person casting a provisional ballot is entitled to vote, the Canvassing Board shall review the information provided in the Voter’s Certificate and Affirmation, written evidence provided by the voter, any other evidence presented by the Supervisor of Elections, and, in the case of a challenge, any evidence presented by the challenger.
A ballot of a person casting a provisional ballot shall be counted unless the Canvassing Board determines by a preponderance of the evidence that the person was not entitled to vote.
If it is determined that the person was registered and entitled to vote at the precinct where the person cast a vote in the election, the Canvassing Board shall compare the signature on the Provisional ballot Voter’s Certificate and Affirmation with the signature on the voter’s registration and, if it matches, shall count the ballot.
If it is determined that the person voting the provisional ballot was not registered or entitled to vote at the precinct where the person cast a vote in the election, the provisional ballot shall not be counted and the ballot shall remain in the envelope containing the Provisional Ballot Voter’s Certificate and Affirmation and the envelope shall be marked “Rejected as Illegal”.