Election Day Issues

As a safeguard for eligible voters who, for some reason, are not listed on the voter registration list at the polling place on Election Day, the federal Help America Vote Act mandates that each state implement a system of "fail-safe voting" using provisional ballots. Although provisional ballots were intended to ensure that every eligible voter has an opportunity to vote and to have his or her vote counted, a number of states have implemented provisional ballot systems in a way that creates election administration problems and results in the disenfranchisement of many eligible voters.

The Brennan Center has been lobbying and litigating in a number of states to ensure that provisional ballots provide a meaningful safeguard for eligible voters.

    Jennifer Rosenberg with Margaret Chen
    Lawrence Norden with Jessie Allen
    Lawrence Norden with Jessie Allen
    Wendy R. Weiser and Jonah Goldman

    More Publications

    League of Women Voters of Ohio v. Blackwell

    The Center filed suit on behalf of Ohio voters to stop Ohio Secretary of State J. Kenneth Blackwell from proceeding with the State’s plan for handling provisional ballots in the upcoming November 2 election.

    Lawrence Norden

    Voter-registration reforms could diminish Ohio’s election disputes

    As long as Ohio remains a politically important and closely divided state, there will continue to be hotly-contested election-related disputes. But changes to election law in Ohio can minimize these controversies: by creating clearer and fairer laws that improve election administration, decrease burdens and costs on county election offices and put the voters first. Read more…

    Lawrence Norden

    Ohio’s Election Blueprint

    Yesterday, Ohio Sec. of State Jennifer Brunner released to Gov. Ted Strickland and the Ohio General Assembly a “blueprint for enhancing Ohio’s elections”....

    Adam Skaggs

    Minnesota Redux, Adirondacks Edition

    Looks like Minnesota’s senate race isn’t the only one that’s going to keep us waiting for a winner….

    More Blog Entries

    Illustrations by Risko

    New Ohio Election Bill Draws on Bipartisan Summit and Conference for Reforms to Ohio Election Law

    Secretary Jennifer Brunner, Representatives Dan Stewart and Tracy Maxwell Heard introduced the Ohio Election Enhancements Bill. Drawn from the historic 2008 and 2009 election summits called by Secretary Brunner and chaired by the Brennan Center’s Lawrence Norden, the bill offers many reforms for Ohio’s Election System. 

    Election Officials Voice Support For Brennan Center Report

    Release from the Ohio Association of Election Officials, cross-posted on the Brennan Center web site.

    Brennan Center Releases Report on Brunner’s Historic Election Summit

    Bipartisan group reaches consensus on framework for reform for Ohio Elections.

    More Press Releases

    Testimony of Lawrence Norden Regarding Ohio H.B. 260, the “Elections Enhancements Bill”

    This testimony in support of Ohio’s Elections Enhancements Bill outlines the Framework for Reform developed by Mr. Norden in his capacity as chair of the Ohio Elections Summit.

    Adam Skaggs before the Illinois House of Representaton

    Testimony on legislative trends in election administration delivered before the House Elections Committee.

    Letter to Attorney General Mukasey

    Letter from voting rights groups urging the Department of Justice to issue a public statement or letter assuring that the rights of all voters to participate in the election will be free of intimidation or harrassment will be protected.

    More Legislation & Testimony

    Proof of Citizenship Requirements; Chart of State Legislation

    In the current session (2009–2010), legislators across the country have begun to propose proof of citizenship requirements for voter registration. The chart here, last updated on 12/2/2009, sets forth the known bills and their current status.

    Voter Suppression Incidents 2008

    A list of voter suppression incidents from the 2008 election.

    Challenges to the Vote 2008

    In advance of the 2008 general election, Executive Director Michael Waldman puts together the various processes by which voters are still being blocked from the polls, and what we can do about it.

    More Analysis & Commentary