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    Provisional Ballot Legislation in the 109th Congress

    Published: January 26, 2009
    Bill No. Short Title Sponsors Date Introduced Related Bills Description
    S. 17 Voting Opportunity and Technology Enhancement Rights Act of 2005 Dodd January 24, 2005   Among other things, this bill would require states to count eligible provisional ballots, even if they were cast at the wrong poll site.
    S. 414 Voter Protection Act of 2005 McConnell February 17, 2005   Among other things, this bill would prohibit states from counting provisional ballots if voters cast them at the wrong poll site.
    S. 450 Count Every Vote Act of 2005 Clinton February 17, 2005 H.R. 939 This is an omnibus election reform bill that seeks to address a number of election administration problems that arose in the 2004 federal elections.  Among other things, this bill would require states to count provisional ballots cast in the wrong polling place or cast by voters without ID.  It would also require provisional ballots to be counted in time for recounts and contest proceedings.
    H.R. 533 Voting Opportunity and Technology Enhancement Rights Act of 2005 Conyers February 2, 2005   The provisions of this election reform bill are very similar to those in S. 17 and would address many election administration problems in the same way.
    H.R. 939 Count Every Vote Act of 2005 Jones February 17, 2005 S. 450 This omnibus election reform bill seeks to address a number of election administration problems that arose in the 2004 federal elections.  The provisions of this bill are similar to those in S. 450.
    H.R. 2104   Norton May 4, 2005   Among other things, this bill would require election officials to count provisional ballots cast by eligible voters at the incorrect polling place. Election officials must notify voters of their correct polling place if they are at the incorrect polling place.
    H.R. 3094 Secure America’s Vote Act of 2005 Hoyer June 28, 2005   Among other things, this bill would require states to count provisional ballots cast by eligible voters at the wrong poll site.
    H.R. 4844 Federal Election Integrity Act of 2006 Hyde March 2, 2006, passed on September 20, 2006 and received in Senate   Among other things, this bill would permit individuals who do not provide such ID to cast provisional ballots, but those ballots will only count if individuals present the ID described in this bill to election officials within 48 hours.
    H.R. 4989 Electoral Fairness Act of 2006 Holt March 16, 2006   Among other things, this bill would require a provisional ballot cast by an eligible individual at the wrong poll site to count as a vote in an election without the provision of additional ID on or after an election. States would be required to establish procedures for an individual to challenge a determination that a provisional ballot would not count in an election.