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To: NewMexLurker
http://www.fec.gov/hava/law_ext.txt Amazingly, all this provisional ballot crap comes from the HELP AMERICA VOTE ACT OF 2002. What was Congress thinking? Morons. SEC. 302. <> PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS. (a) Provisional Voting Requirements.--If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for Federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot as follows: (1) <> An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election. (2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is-- [[Page 116 STAT. 1707]] (A) a registered voter in the jurisdiction in which the individual desires to vote; and (B) eligible to vote in that election. (3) An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under paragraph (2) to an appropriate State or local election official for prompt verification under paragraph (4). (4) If the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3) determines that the individual is eligible under State law to vote, the individual's provisional ballot shall be counted as a vote in that election in accordance with State law. (5)(A) At the time that an individual casts a provisional ballot, the appropriate State or local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under subparagraph (B) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted. (B) The appropriate State or local election official shall establish a free access system (such as a toll-free telephone number or an Internet website) that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.
25 posted on 11/04/2004 3:53:18 PM PST by timbuck2 ("The true danger is when liberty is nibbled away, for expedients, and by parts." -Edmund Burke)
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To: timbuck2

Why complicate matters? Here is a law that they can pass:

Each individual voter is responsible for registering, confirming registration, showing up at the correct precinct and pulling the right lever. If a voter suspects he/she has been removed from the rolls inappropriately, said voter shall present confirmation card that arrived in mail when registration was first completed. Voter shall also present proof of current address and said address shall be in the precinct where said voter intends to vote.

Gee, that's tough. Took me 30 seconds to write and it is perfectly constitutional. Find some cajones, GOP, or prepare to become a minority party again in 2006.

-T


26 posted on 11/04/2004 3:59:00 PM PST by timbuck2 ("The true danger is when liberty is nibbled away, for expedients, and by parts." -Edmund Burke)
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