Provisional Ballots
Although the question of how provisional ballots should be counted was a hot topic and the subject of many lawsuits leading up to the 2004 presidential election, many states have been using provisional ballots for years with little controversy.  Today, as one of the provisions of the Help America Vote Act (HAVA), all states are required to have provisional ballots available for voters to use.

A provisional ballot is a ballot a voter casts on Election Day when that voter's name does not appear on the voter rolls. These ballots are for all intents and purposes the same as regular ballots, except they are not automatically counted on Election Day. Instead, they are kept separate from the other ballots until election officials can determine that the voter who cast the provisional ballot is actually eligible to vote.

In recent years, legal battles have erupted about how provisional ballots should be counted. While some states  count provisional ballots cast in the wrong voting precinct, others demand that all votes be cast in the correct precinct to count. In some instances, counties in the same state set different requirements for provisional ballots.  The universal usage of provisional ballots will enable more voters to cast a ballot, but it is essential that policies concerning the counting of ballots are uniform.
 
ACLU: Voter ID Signs Can Mislead

By Marcus Franklin
Published July 19th 2004 in Tampa Bay Times

The sign that Pasco election officials stick in grass outside polling places reads, "Photo and Signature Identification Required."

It might seem straightforward - state law says voters are required to show their ID before casting their ballot. But some activists say such language is a deceptive shorthand for the law and could prevent people from voting.

"Voters were turned away because of signs like this in 2000," said Courtenay C. Strickland, director of the voting rights project at the ACLU of Florida. "Those are misleading and can result in disenfranchisement."

The group recently wrote the state's elections supervisors, asking them to display signs - and arm poll workers - with information that more accurately reflects state voter-identification laws. While the statutes require photo and signature identification, generally they also allow people without such ID to vote after signing an affidavit.

As election officials prepare for the August primaries and general elections in November, some observers say clarity on voter identification laws needs to be emphasized even as debate rages over voting equipment and the accuracy of the state's list of felons banned from voting.

"The misinterpretation of "ID Required' signs by both poll workers and voters alike, who took such polling place signs to be complete statements of Florida law rather than the misstatements that they are, led to lost votes in the November 2000 election and more recently in 2003," Strickland and Howard Simon, the ACLU's executive director, wrote to county elections supervisors following the March presidential primary. The letter was referring to complaints about signs in Lee County.

"The surest way to prevent such unnecessary disenfranchisement in 2004 is to refrain from the posting of such signs whenever possible, (and) to train poll workers in the affidavit process ..."

Some elections supervisors disagree with the ACLU and defend their signs.

"We have to start with the premise that the statute does require photo and signature identification," said Kurt Browning, the Pasco elections supervisor for almost 24 years. "Our signs don't say you can't vote without photo ID. It just says it's required. That is a true statement. But if a sign says voters can't vote without photo ID, I don't necessarily agree with that.

"I don't think it was ever the legislative intent that you can just bypass the photo and signature ID requirement and sign the affirmation."

Here's what Florida law says about voter identification:

Florida Statute Chapter 101 requires voters to show a "valid picture identification" such as a Florida driver's license, an identification card issued by the state, or a U.S. passport.

If the picture ID bears no signature, additional ID with the voter's signature is necessary. The voter must then sign his or her name to be compared with the signature on the ID.

However, if a voter doesn't have required ID, or the clerk or inspector doubts the person's identity, the voter can sign an affidavit verifying name, age, address and birthplace before casting a regular ballot.

In Hillsborough, election officials use signs saying voters are responsible for bringing proper identification, but they note that a failure to do so won't prohibit voting. Pinellas' signs list the types of acceptable IDs and say that those lacking ID must complete an affidavit to vote.

While election officials say the vast majority of voters present identification, those likely not to have it include the elderly and people who recently lost or misplaced it, Strickland said.

"There are a lot of people who, for various reasons, may not have proper identification," she said.

Browning said some of his poll workers have turned voters away because they didn't have an ID. The workers weren't being malicious but simply failed to follow training, he said.

"There's not dozens and dozens being turned away. It's not a pervasive problem," Browning said, adding that he planned to "hammer" poll workers about the laws when training begins in August.

Sharon Harrington, who in February took over as elections supervisor in Lee County, said her signs bear a note about the affidavit. She said she pointed this out to ACLU members who visited her in March.

"We tried to explain we're not trying to disenfranchise voters," Harrington said. "We're trying to protect the integrity of the elections."

But John Szymonik, president of Lee's ACLU of Florida chapter, said the signs he saw bore no such disclaimer. According to Szymonik, who said he visited several polling places on primary day, the signs stated, "Photo ID needed to vote."

"It appeared they were all over the county," Szymonik said.

But even though they don't think their signs misstate the law, some elections supervisors said they wanted to ensure signs are as accurate as possible and poll workers are better informed.

Harrington said those who train poll workers have been asked to place "a little bit more emphasis on letting people know that it's okay if they don't have it, they can still vote."

And Browning, the Pasco elections supervisor who defended his signs, later said, "We could all do a better job of wording our signs at the polls and more clearly stating what the intent of the statute was."

- Marcus Franklin can be reached at [email protected] or 727 893-8488.

THE LAW ON VOTER IDENTIFICATION

Voters are required to show a "valid picture identification." The following forms of identification are considered valid if they contain the name and photograph of the applicant and have not expired:

* Florida driver's license

* Florida identification card issued by the Department of Highway Safety and Motor Vehicles

* U.S. passport

* Employee badge or identification

* Buyer's club identification

* Debit or credit card

* Military identification

* Student identification

* Retirement center identification

* Neighborhood association identification

* Entertainment identification

* Public assistance identification

If the picture ID bears no signature, additional ID with the voter's signature is necessary. The voter must then sign his or her name to be compared with the signature on the ID by a clerk or inspector.

If a voter doesn't have required ID, or the clerk or inspector doubts the person's identity, the voter can sign an affidavit verifying name, age, address and birthplace before casting a regular ballot.

WHO'S NOT ELIGIBLE TO VOTE BY SIGNING AN AFFIDAVIT?

First-time voters who registered by mail and failed to provide required ID to the supervisor of elections before election day.