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Provisional ballots are piling up, but many may never be counted

By Myung Oak Kim, Rocky Mountain News (Contact)

Published October 31, 2008 at 12:05 a.m.

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Sitting in boxes in election offices across the state are hundreds of ballots that may never be counted.

They're the second-class citizens of votes - ones that require extra scrutiny by election workers to make it to the final tally.

Piles of provisional ballots have been growing every day during the past two weeks of early and mail voting. Many more will be cast throughout the state on Tuesday.

Colorado has used provisional ballots since 2002 and most, but not all, end up being counted. They usually don't make any difference to the outcome, unless the winner is in doubt.

"In close races they can make a difference - then they are worth fighting over," said Edward Foley, an election law professor at Ohio State University.

Colorado's acceptance of provisional ballots is higher than the national average.

In November 2004, 76 percent of the 51,529 provisional ballots cast in the state were counted. Nationwide, just over 64 percent of provisional ballots were counted that election.

In November 2006, 85 percent of the 26,455 provisional ballots cast in Colorado were counted. The national average was 79.5 percent.

The Colorado secretary of state's office isn't tracking provisional ballots cast so far statewide. But voting experts predict the number will jump this year for two reasons:

* Colorado's battleground status in the presidential race has brought intense scrutiny to voter registration and controversy over which applications should be accepted. Anyone caught in the registration tangle can cast a provisional ballot at the polls.

* Second, the sharp rise in mail ballot requests - and delays in getting ballots to some voters - caused some people to cast provisional ballots at early voting sites instead.

If mail ballot voters decide to go to the polls on Tuesday instead, they too are given a provisional ballot.

Federal law has required the use of provisional ballots since 2002 as a way to make sure all eligible people are able to vote.

Here's how provisional ballots are handled: Any Colorado resident who shows up at the polls can cast a provisional ballot. The most common situations involve someone who is registered but doesn't bring in an ID or the right ID, such as a Colorado driver's license; someone who is signed up as a mail voter but didn't return the ballot; or someone who registered to vote but doesn't show up on the voter list.

People casting provisional ballots must sign an affidavit saying they aren't voting anywhere else. They also must fill out another registration form and show an ID.

During the 14-day period after Election Day, a panel of appointed workers process these ballots, checking to see if the voters were truly eligible to cast a ballot.

People who did not try to register before the Oct. 6 deadline will not have their ballots counted.

kimm@RockyMountainNews.com or 303-954-2361

Comments

  • October 31, 2008

    11:16 a.m.

    Suggest removal

    KatieFleming writes:

    Every eligible citizen has the right to cast a ballot in this country and we have to protect this right. Join www.JustVoteColorado.org in Protecting the Vote. As a nonpartisan program that is not affiliated with any candidate or issue, we are in a great position to be a resource for voters before and on Election Day.

    If you have any questions AT ALL about the voting process, your experience, your rights, or have problems to report, call 1-866 OUR VOTE or visit www.JustVoteColorado.org.