Understanding Provisional Ballots in Indiana Elections
Learn about provisional ballots in Indiana elections, including when to issue them, common errors, and categories for voter eligibility. Explore insights on offering provisional ballots during in-person voting and on Election Day, as well as challenges faced by poll workers and voters. Discover key guidelines to follow to ensure fair and accurate voting procedures.
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Provisional Ballots Presented by Valerie Warycha, Co-General Counsel Indiana Election Division 2023 Indiana Election Administrator s Conference
Provisional Ballot Use Use falls under three general categories: Voter Eligibility (Fail Safe Procedures) Name may or may not appear on the poll list, but fail-safe procedures did not apply Voter Identification Proper ID was not presented Additional residency proof, if noted in poll book, not provided Voter Eligibility (General Requirements) Not a U.S. citizen or 18 by November s election Signature on poll list does not match signature on VR file 2 IC 3-11.7-2-1
When to Issue Provisional Ballots Must be offered: During in-person (early) absentee voting in the clerk s office or satellite early voting location On Election Day Should the individual not be on the county s voter rolls (after poll workers confirm with county VR office) or the individual is otherwise ineligible to vote in the election in their precinct, they should be issued a provisional ballot. A person appearing to vote should not be turned away. 3 IC 3-11.7-2-1 | IC 3-11-10-26
Provisionals & Election Day Voters Voter arrives at clerks table and announces name Voter is challenged Credentialed challenger Only valid challenge is the person is NOT a legal voter of precinct Poll worker Can challenge for a reason noted on PRE-4 Voter of the precinct Only valid challenge IN A PRIMARY ELECTION is voter is seeking to influence a party s primary election of which they are not a member of the party (see PRE-6 form) In ALL other times, voter of the precinct is NOT authorized to challenge UNLESS the individual is a credentialed challenger or poll worker Challenger completes top portion of PRE-4 Challenged voter completes the lower portion of PRE-4 4 IC 3-11-8-20 | IC 3-11-8-21 | IC 3-11-8-22.1
Common Provisional Use Errors Exhaust ALL options to assist voter before using a provisional ballot. Inactive voters DO get to vote! Inactive is an identifier used to determine when a person may be cancelled in SVRS Certificates of Error Contact VR to ensure voter is not registered to vote If accidentally left off poll book, issue CoE Confirm voter is checking in at the correct table Use indianavoters.com on a smartphone if you can t reach the VR office 5
Provisionals & Early Voting When to use during in-person absentee: Absentee voter board member can challenge IF: Voter fails to provide required photo ID OR Voter is not registered to vote OR Voter does not qualify under the fail-safe provisions to vote at their old precinct one last time OR Voter has applied to register to vote but application is in pending status. 6 IC 3-11-10-26(k) | IC 3-11.5-4-15 | IC 3-11.5-4-16
Challenges If a voter is challenged, the PRE-4 affidavit provides precinct election officials or a challenger a list of reasons that a voter may be issued a provisional ballot: 1) This voter s name is not included on the poll list and is NOT entitled to vote by using a FailSafe procedure. 2) This voter s name is included on the poll list, but this voter does not currently reside in the precinct and is NOT entitled to vote in this precinct by completing a VRG-4/12 form or other FailSafe procedure. 3) This voter was unable or declined to present proof of identification when required by law to do so. 4) This voter is identified on the poll list as required to present an additional document that confirms the voter s current residence address but has not done so. 5) This voter is not a U.S. citizen. 6) This voter will not be 18 years of age or older at the general (November) election. 7 IC 3-11-8-22.1 | IC 3-11.7-2-1 | IC 3-11.7-2-2
Challenges 7) This voter s signature on the election day poll list does not match the signature on the voter s registration record. 8) This voter s signature on the absentee ballot security envelope affidavit is missing or does not match the signature on the voter s absentee ballot application, electronic poll book, or registration maintained in the statewide voter registration system. 9) Other. The precinct election officer or challenger must complete and sign the upper portion of the PRE-4 affidavit. The voter must sign the ePollbook (or paper poll list, if applicable) and complete and sign the Affidavit of a Challenged Voter portion. 8 IC 3-11-8-22.1 | IC 3-11.7-2-1 | IC 3-11.7-2-2
Challenges to Absentee Voters On Election Day, an absentee voter may ONLY be challenged if there is evidence the person is not a legal voter of the precinct For ePB counties, the CEB makes the challenge at the central location CEB completes the PRE-4 affidavit Voter s ABS balloting materials are pulled from the precinct & made provisional For paper poll list counties, the appointed party challenger at the precinct voting location makes the challenge. Challenger makes the challenge when name read aloud Poll workers mark the courier list that voter was challenged Challenger completes PRE-4 affidavit PRE-4 affidavit returned to the central location & voter s ABS balloting materials are pulled from precinct and made provisional If there is a signature mismatch/missing then it becomes a provisional ballot. Voter is mailed the ABS-18A or ABS-18B, after being logged in SVRS A challenged voter s absentee ballot application becomes the voter s sworn statement for purposes of determining if the ABS ballot should be counted during the provisional hearing. IC 3-11.5-4-9 | IC 3-11.5-4-15(a) & (c) |IC 3-11.5-4-16 9
Extended Poll Hours If a court order extends the hours the polls are open, everyone voting during the extended hours must vote a provisional ballot. These Provisionals are placed in and sealed in a PRO-2 envelope but later all of the ballots cast during this period are sealed in a PRO-5 carrier envelope to return to the CEB. These ballots must be labeled "Provisional Ballots Issued After Regular Poll Closing Hours". IC 3-11.7-2-3 12
Provisional Ballots Once the voter has completed the PRE-4 affidavit, issue a provisional ballot. The provisional ballot needs two sets of clerks initials. After the ballot is completed, the voter shall seal the ballot in the PRO-2 security envelope (the back of the PRE-4) Make sure the poll worker and the voter complete the PRE-4 and PRO-2. This will aid the CEB in determining whether or not the provisional may be counted. 13 IC 3-11-8-21 | IC 3-11-8-23.5 | IC 3-11.7-1-8 | IC 3-11.7-5-3
Notice to the Voter You must provide provisional ballot voters with notice both orally and in writing explaining what actions the voter must take to have their provisional ballot counted. This is done using the PRO-9, which tells the voter: 1) the reasons that the voter s ballot is being challenged; 2) what actions the voter may take to have the provisional ballot counted; 3) the deadline for taking these actions for the voter s provisional ballot to be counted; and 4) contact information for the county election board including the address and telephone number that the voter can contact to inquire about the voter s provisional ballot IC 3-11-10-26 | IC 3-11.7-6-4 14
Notice to the Voter: SVRS Entry CEB required to input into SVRS: name and address of each voter that completes a provisional ballot; day and time the CEB will meet to determine the validity of the provisional ballot; whether the voter s provisional ballot was counted; and if the voter s provisional ballot is not counted, the reason the provisional ballot was not counted Provisional flag & date/time of CEB hearing must be entered into SVRS not later than twenty-four (24) hours before the CEB hearing or three (3) days after the election, whichever occurs first Not later than the deadline for the CEB to certify election results, the provisional voter s record must be updated to record whether ballot was counted and if not, the reason for the rejection 16 IC 3-11-8-25.2 | IC 3-11-10-26 | IC 3-11.7-2-2 | IC 3-11.7-6-3
Returning Provisional Ballots When polls close, provisional ballot envelopes are: Put in the PRO-4 carrier envelope Poll workers should complete the affidavit on the outside of the envelope Delivered with other election materials Remind poll workers it is NOT necessary to seal unused provisional materials in the PRO-4 envelope; it s a wasted resource otherwise. 17 IC 3-11.7-2-4
Provisional Ballot Hearing Notice If last CEB meeting was adjourned, release notice at least 48-hours before meeting is to begin If CEB meeting is recessed and reconvenes at a later time no notice is needed IF time and date of reconvening is placed in the minutes of the meeting No requirement to post in newspaper Must give notice to challenged voters May not identify the challenged voter by name during the CEB hearing 18 IC 3-11.7-5-2.7 | IC 5-14-1.5-5
What Gets Counted? County Election Board must review the facts and apply the law Affidavits (PRE-4) are to be used as evidence For ABS voters, absentee application is their sworn affidavit Testimony from provisional ballot voter and challenger should they appear in-person 19 IC 3-11.7-5-2 | IC 3-11.7-5-2.5 | IC 3-11.7-5-3 | IC 3-11-10-22 | IC 3-11.5-4-15 | IC 3-11.5-4-16
What Gets Counted? Some questions to ask: Should the fail-safe have been applied to the voter? Was the voter eligible for a certificate of error? Did the voter present proper ID to the CEB not later than noon, 10-days after the election? Is there sufficient evidence to prove the voter is NOT a US Citizen or of age (18)? Was the affidavit (PRE-4) properly filled out for the CEB to make a determination to NOT count the ballot? Did the voter return their ABS-18A and ABS-18B affidavit to cure an absentee signature mismatch or missing signature? 20 IC 3-11.7-5-2 | IC 3-11.7-5-3 | IC 3-11.5-4-13.5 | IC 3-11.5-4-13.6
After the hearing Count valid ballots and canvass results Complete the CEB portion of the PRO-2 Collate all challenge affidavits, including the PRE-4/PRO-2 hybrid envelope &provide to: Grand Jury Indiana Secretary of State 21 IC 3-14-5-2
Provisional Ballot Materials Provisional Ballot Optical scan systems: may have provisional printed on the ballot card or some counties affix a provisional label to a regular ballot card when issued Touch screen systems: Emergency paper ballot titled PROVISIONAL can be used May be a photocopy or on ballot stock Instructions to Provisional Voter sheet (PRO-9) Must be provided to all provisional voters Note, the PRO-9 is given to voter or mailed to ABS voters (part of the ABS-18A/18B packet from SVRS). 22 IC 3-11.7-2-2 | IC 3-11.7-2-3 | IC 3-11.7-2-4
Provisional Ballot Materials Carrier Envelope (PRO-4) Used after polls close to secure election materials Combined PRO-2 and PRE-4 Envelope Challenge Affidavit (PRE-4) Security envelope affidavit (PRO-2) State law REQUIRES the PRE-4 affidavit be printed on the PRO-2 envelope! 23 IC 3-11.7-2-2 | IC 3-11.7-2-3 | IC 3-11.7-2-4
