FACTSHEET
PROVISIONAL VOTING
HELP AMERICA VOTE ACT of 2002
(HAVA)
The Help
America Vote Act of 2002 (Title III, Sec. 302) requires states to implement
provisional voting procedures by January 1, 2004. Individuals who do not
appear on the official list of registered voters, but attest that they have
registered to vote, must sign a written affirmation that they are registered
voters and are eligible to vote in the election. A state or local official must then verify
the ballot. The state will provide the voter
a free access system (toll free telephone or Internet) number to call to verify
that the ballot was or was not counted and, if not, why the ballot was not
counted.
Requirements
for provisional voting HAVA Sec. 302 (a):
1. A voter
attests that he or she has registered to vote, and is eligible to vote in the
correct district and precinct in that election, but there is no evidence of
registration.
2. An election
official asserts that the individual is not eligible to vote.
Provisional
voting procedures HAVA Sec. 302 (a) (1-5):
1.
An election official
at the polling place shall notify the voter that he or she may cast a
provisional ballot in that election.
2.
A voter shall be
permitted to cast a provisional ballot at the polling place upon execution of a
written affirmation (“Affirmation for Provisional Voting” on the Registration
Affidavit Form) by the individual before an election official at the polling
place, stating that the individual is:
a.
a registered voter in
the jurisdiction in which the individual desires to vote; and
b.
eligible to vote in that election.
3.
An election official
shall transmit the provisional ballot cast to the county clerk for prompt
verification.
4.
If the county clerk
determines the voter is eligible under state law to vote, the voter’s
provisional ballot shall be counted in accordance with state law.
5.
The voter will be
given a copy of the Registration Affidavit Form (RAF) with the “211” toll free
number to call to verify whether their provisional ballot was counted or not,
and if not, the reason that the vote was not counted.
This document is intended
for informational purposes only and should not be used as an authority on the
Hawaii election law and deadlines. Requirements and/or deadlines may change pending
changes in legislation. Consult the Hawaii Revised Statues and other sources
for more detailed and accurate requirements.
Office of Elections
802 Lehua
Avenue
Pearl City, Hawaii 96782
Phone: (808) 453-VOTE(8683)
Neighbor Island Toll Free: 1-800-442-VOTE (8683)
Office of Elections – FSPO405D
Revised: January 12, 2011