Provisional ballots are those ballots given to voters whose eligibility to vote has been questioned, disputed, or challenged for some reason, including: the voter's name does not appear on the registration list, the voter did not satisfy certain identification requirements, the voter's recorded name or address is incorrectly listed, election workers or private individuals committed errors. Under federal law, voters much be able to cast at least a provisional ballot if they believe they are entitled to vote. If election officials are able to verify that a voter is registered and eligible under state law, the voter's provisional ballot must be counted. State laws set forth the bulk of requirements governing provisional balloting.
The Brennan Center has worked in numerous capacities to improve the provisional balloting and related election administration processes so that eligible voters are able to cast ballots that will count.
with Garima Malhotra
introduction by Charles Ogletree
In Kirk v. Carpeneti, the Ninth Circuit Court of Appeals will determine if Alaska’s judicial selection system violates the federal Equal Protection Clause. The Brennan Center filed an amicus brief in the Ninth Circuit, defending Alaska’s merit selection system.
In Doe v. Reed the Supreme Court will decide if the state of Washington can mandate the disclosure of the names of citizens who sign petitions for ballot initiatives. In an amicus brief that supports neither side, the Brennan Center for Justice urges the Supreme Court to craft a resolution to the case without impinging upon existing constitutional doctrine regarding disclosure laws in the sphere of money in politics.
Hurrell-Harring, et al. v. State of New York (Amicus Brief)
The Brennan Center co-authored an amicus brief signed by 62 former prosecutors in support of a suit that challenges New York’s indigent defense system.
West Virginia Moves on Corporate Campaign Finance Disclosure
West Virginia’s legislature passed a bill requiring public disclosure by corporations on their campaign spending. WV voters will hopefully soon know who is bankrolling political ads, post-Citizens United.
Restoring voting rights to millions
Today Congress is listening to 4 million silenced Americans. Leaders of the House Judiciary Committee are holding a hearing on the Democracy Restoration Act, legislation that seeks to restore the right to vote to people with a criminal records who are out of prison, living in the community. This bill would eliminate the last blanket barrier to the franchise, and reverse decade of discrimination create by laws firmly rooted in our country’s Jim Crow history.
Shareholder Consent is Key in Political Spending
In a Thursday Congressional hearing, corporate law experts debated how best to improve corporate governance. Most of the experts agreed: Current laws don’t protect shareholders.
Illustrations by Risko
House Leaders Weigh Restoring Voting Rights for Millions
Today, the House Judiciary Committee meets to consider the Democracy Restoration Act, a bill that would restore the right to vote to nearly 4 million American citizens with a criminal conviction, who are now living and working in the community.
New York’s Felon Voting Bar has Deep Roots in Jim Crow
A new study of New York’s constitutional history traces the state’s current felony disenfranchisement law to a century-long effort to keep African-American citizens out of the voting booth.
Advocates Commend Census Bureau for Enhancing States’ Access Prison Population Data in 2010
This week, the Census Bureau has agreed to produce a new data product that will assist state and local governments in avoiding prison-based gerrymandering, whereby districts that contain prisons are given extra representation in the legislature.
Statement by Nicole Austin-Hillery on the Senate passage of the Fair Sentencing Act
The Brennan Center has supported a complete elimination of the inequalities in sentencing for crack and powder cocaine offenses, and is hopeful that the Senate Passage of the Fair Sentencing Act (at a reduced, but not eliminated ratio) will not be the final chapter in the overall fight to bring about parity in sentencing and an ending to this type of discrimination.
Testimony of Prof. Burt Neuborne in Support of H.R. 3335, The Democracy Restoration Act
Legal Director and Inez Milholland Professor of Civil Liberties at NYU School of Law, Burt Neuborne, testifies in support of the Democracy Restoration Act before the House Judiciary Committee, Constitution, Civil Rights, and Civil Liberties Subcommittee.
Testimony in Maryland House of Delegates in Support of Bill to Ease Burden of Criminal Justice Fees
Testimony before the Maryland House of Delegates’ Judiciary Committee in support of bill to fix exemption program for parole supervision fee.
Keeping Families Together, Saving Money & Other Motivations Behind New Civil Right to Counsel Laws
To inform advocates seeking expansion of the right to counsel, the Brennan Center’s Laura Abel provides an overview of existing right to counsel statutes across the states and the legislative motivations that led to their passage.
Evaluating the Reentry Hurdles of Fees and Fines Debt: A Checklist for State Reentry Taskforces
Information on the re-entry consequences of court-imposed financial obligations.
Choosing California’s State Redistricting Citizen’s Commission
Guidelines for choosing the state redistricting auditors for California. Process, Powerpoint presentation, and criteria….