16-584. Qualified elector not on precinct
register; recorder's certificate; verified ballot;
procedure
A. A qualified elector whose name is not on the precinct register and who presents
a certificate from the county recorder showing that the elector is entitled by law to
vote in the precinct shall be entered on the signature roster on the blank following the
last printed name and shall be given the next consecutive register number, and the
qualified elector shall sign in the space provided.
B. A qualified elector whose name is not on the precinct register, upon
presentation of identification verifying the identity of the elector that includes the
voter's given name and surname and the complete residence address that is verified by the
election board to be in the precinct or on signing an affirmation that states that the
elector is a registered voter in that jurisdiction and is eligible to vote in that
jurisdiction, shall be allowed to vote a provisional ballot.
C. If a voter has moved to a new address within the county and has not notified the
county recorder of the change of address before the date of an election, the voter shall
be permitted to correct the voting records for purposes of voting in future elections at
the appropriate polling place for the voter's new address. The voter shall be permitted
to vote a provisional ballot. The voter shall present a form of identification that
includes the voter's given name and surname and the voter's complete residence address.
The residence address must be within the precinct in which the voter is attempting to
vote, and the voter shall affirm in writing that the voter is registered in that
jurisdiction and is eligible to vote in that jurisdiction.
D. On completion of the ballot, the election official shall remove the ballot stub,
shall place the ballot in a provisional ballot envelope and shall deposit the envelope in
the ballot box. Within ten calendar days after a general election that includes an
election for a federal office and within five business days after any other election or
no later than the time at which challenged early voting ballots are resolved, the
signature shall be compared to the precinct signature roster of the former precinct where
the voter was registered. If the voter's name is not signed on the roster and if there
is no indication that the voter voted an early ballot, the provisional ballot envelope
shall be opened and the ballot shall be counted. If there is information showing the
person did vote, the provisional ballot shall remain unopened and shall not be
counted. When provisional ballots are confirmed for counting, the county recorder shall
use the information supplied on the provisional ballot envelope to correct the address
record of the voter.
E. When a voter is allowed to vote a provisional ballot, the elector's name shall
be entered on a separate signature roster page at the end of the signature roster.
Voters' names shall be numbered consecutively beginning with the number V-1. The elector
shall sign in the space provided. The ballot stub shall be removed and the ballot shall
be placed in a separate envelope, the outside of which shall contain the precinct name or
number, a sworn or attested statement of the elector that the elector resides in the
precinct, is eligible to vote in the election and has not previously voted in the
election, the signature of the elector and the voter registration number of the elector,
if available. The ballot shall be verified for proper registration of the elector by the
county recorder before being counted. The verification shall be made by the county
recorder within ten calendar days after a general election that includes an election for
a federal office and within five business days following any other election, and the
voter receipt card, notification or identification card, if any, from the county recorder
used therefor, if valid, shall be returned to the elector within a reasonable time
thereafter. Verified ballots shall be counted by depositing the ballot in the ballot box
and showing on the records of the election that the elector has voted. If registration
is not verified the ballot shall remain unopened and shall be retained in the same manner
as voted ballots.
F. For any person who votes a provisional ballot, the county recorder or other
officer in charge of elections shall provide for a method of notifying the provisional
ballot voter at no cost to the voter whether the voter's ballot was verified and counted
and, if not counted, the reason for not counting the ballot. The notification may be in
the form of notice by mail to the voter, establishment of a toll free telephone number,
internet access or other similar method to allow the voter to have access to this
information. The method of notification shall provide reasonable restrictions that are
designed to limit transmittal of the information only to the voter.
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