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Provisional Ballots Legislation in the 110th Congress

Published: January 26, 2009
Bill No. Short Title Sponsors Date Introduced Related Bills Description
S. 730
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Voting Opportunity and Technology Enhancement Act of 2007 Dodd
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March 1, 2007
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  Among other things, this omnibus election reform bill would require states to count provisional ballots cast at the incorrect poll sites if they are otherwise eligible.
S. 804
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Count Every Vote Act of 2007 Clinton
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March 7, 2007
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H.R. 1381 Among other things, this omnibus election reform bill would amend HAVA to permit “properly registered” voters who cast provisional ballots to have their votes counted without any requirement to present ID to election officials.  If an individual who has cast a provisional ballot is not registered to vote, the provisional ballot will serve as the individual’s voter registration application.
S. 1487
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Ballot Integrity Act of 2007 Feinstein
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Feinstein
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  This bill would provide for a number of changes in voting systems and other improvements to election administration including requiring states to count provisional ballots cast at the incorrect polling place if they are otherwise eligible to vote for an office.
H.R. 481
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Federal Election Integrity Act of 2007 Doolittle
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January 16, 2007
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  In addition to requiring photo ID to vote, this bill would require voters who cast provisional ballots to provide election officials with the ID described above within 48 hours for their votes to count.
H.R. 1381
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Count Every Vote Act of 2007 Tubbs Jones
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March 7, 2007
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S. 804 Among other things, this omnibus election reform bill would amend HAVA to permit “properly registered” voters who cast provisional ballots to have their votes counted without any requirement to present ID to election officials.  If an individual who has cast a provisional ballot is not registered to vote, the provisional ballot will serve as the individual’s voter registration application.
H.R. 4145
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Provisional Ballot Fairness in Counting Act of 2007 Holt November 9, 2007
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  This bill would ensure that provisional ballots cast by eligible registered citizens at incorrect polling places are counted.  It would require election officials to notify provisional voters within 24 hours of casting their ballots whether their votes will be counted in the election, and if it their votes will not be counted, the reason for that determination and procedures to challenge that determination.  Provisional ballots would be treated as an application for registration if they are rejected because the individuals are not registered to vote in that election.
H.R. 5628
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Make Provisional Ballots Count Act 2008 Ellison
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March 13, 2008
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  This bill would require that provisional ballots cast at incorrect polling places be counted if election officials determine that the individual is a registered voter in the State and is eligible to vote in the federal elections in the district in which the provisional ballot was cast.  The appropriate election official would be required to notify voters if their ballots will count within 24 hours of the determination.  If they will not, the voters must be informed of the reasons and of the individual’s right to challenge the determination.  States would be required to establish procedures for voters to challenge determinations that their provisional ballots will not be counted.
H.R. 6077
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  Norton May 6, 2008
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  This bill would require that provisional ballots cast at incorrect polling places by eligible voters be counted.