State Election Laws: Overview of Statutes Providing for Provisional Ballot Tabulation (CRS Report for Congress)
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| Release Date |
Oct. 28, 2004 |
| Report Number |
RL32653 |
| Report Type |
Report |
| Authors |
L. Paige Whitaker and Arthur Traldi, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
This report provides a summary of state statutes providing for the tabulation of provisional
ballots.
The first section contains summaries of District of Columbia and state provisional voting tabulation
statutes, organized in alphabetical order; the second section contains summaries of five state statutes
providing for election-day registration (also known as "same-day registration"), organized in
alphabetical order; and the third section contains a summary of one state statute providing that voter
registration is not a requirement for voting.
It is important to note that although state statutes may prescribe the circumstances under which
provisional ballots may be counted, ongoing litigation regarding this issue is occurring in some states
and the resulting court rulings could alter tabulation procedures in a particular jurisdiction. In
addition, as this report provides a summary of provisional balloting state statutory provisions, for
more detailed and comprehensive information regarding each state's election procedures and
regulations it is necessary to consult with the appropriate secretary of state or state board of elections.
