• Democracy »
  • Voting Rights & Elections »
  • Election Day Issues
  • 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.

      Wendy R. Weiser and Jonah Goldman
      Maggie Barron

      Protecting Votes, One Call at a Time

      How many lawyers does it take to run an Election Protection Hotline? You can come up with your own punchline, but the actual answer is about thirty at a time, in five hour shifts....

      Sec. Jennifer Brunner

      Boosting Voter Confidence Through Audits

      Post-election audits provide a boost to voter confidence in these times of uncertainty about the accuracy and reliability of modern election systems. This will be especially important as the presidential primary....

      Thaddeus Kromelis

      Voters Capturing the Vote

      Apparently the kids in my neighborhood are so hopped up for voting they’re vandalizing businesses (and riffing on Robert Indiana no less) to encourage voter turnout....

      More Blog Entries

      Illustrations by Risko

      Election Protection Off to a Great Start Assisting

      Nearly 400 Hotline Calls So Far Reporting Primary Election Barriers.

      Brennan Center Lauds Federal Election Day Registration Bill

      The Election Day Registration bill introduced by Senators Feingold and Klobuchar, and Representative Ellison would allow citizens to register to vote for all federal elections by registering on Election Day at polling places.

      Election Protection Receives Over 2,600 Calls on Super Tuesday

      Representing a coalition of national, state and local non-partisan not for profit organizations committed to protecting eligible voters’ right to cast a ballot, the hotline had over 500 legal volunteers on hand.

      More Press Releases

      Testimony of Andrew Stengel Before New York City Council Committee on Governmental Operations

      Testimony of Andrew Stengel before the New York City Council Committee on Governmental Operations

      An Agenda for Americas Voters: Election Reform in the 110th Congress

      This federal election reform agenda is the product of years of research and experience by the civil rights, voting rights, civic participation, and progressive advocacy community.

      More Legislation & Testimony

      Proof of Citizenship Requirements; Chart of State Legislation

      In the most recent session (2007–2008), legislators in 19 different states have proposed proof of citizenship requirements for voter registration. The chart here, last updated on 5/12/2008, sets forth the known bills and their current status.

      Tuesday’s Intrepid Voters

      More Analysis & Commentary