§ 26-7-116.1. Provisional ballots - Persons authorized to use - Counting - Release of information - Retention.

A.  Provisional ballots shall be available for all elections conducted by the county election board.  Provisional ballots shall include all offices, candidates and questions and shall be identical to the regular ballots for each precinct.  The Secretary of the State Election Board shall promulgate rules and shall prescribe materials necessary for the implementation of provisional ballots.

B.  Persons who are not listed in the precinct registry, but who claim to be registered voters in the precinct and eligible to vote in the election, shall be entitled to vote a provisional ballot upon execution of an affidavit prescribed by the Secretary of the State Election Board.  Registered voters required to show identification, as described in Section 7-114, 14-115.4 or 14-121 of this title and who are unable to show one of the acceptable forms of identification described in such sections, shall be entitled to cast a provisional ballot.  Persons identified in Section 14-121 of this title shall be entitled to vote a provisional ballot upon execution of an affidavit prescribed by the Secretary of the State Election Board.  Persons who are listed in the precinct registry for a partisan primary election, but who dispute the political affiliation indicated by such precinct registry, shall be entitled to vote a provisional ballot for a party other than the one indicated.  However, such provisional ballot shall be counted only if evidence is found by the secretary of the county election board of the voter’s valid voter registration in the party for which the provisional ballot was cast.

C.  Provisional ballots shall be segregated from the regular ballots cast in the precinct in the manner prescribed by the Secretary of the State Election Board and shall not be inserted in the precinct voting device.  Information provided by a person who votes a provisional ballot shall be investigated by the secretary of the county election board after the election.  A provisional ballot shall be counted only if it is cast in the precinct of the voter’s residence and if evidence of the provisional voter’s valid voter registration, or of the voter’s identity, is found, except a provisional ballot cast by a voter identified in Section 14-121 of this title shall be counted.

D.  No information concerning provisional ballots, except the number of provisional ballots cast in the county, shall be made public by any election official prior to 1:00 p.m. on Friday following the election.  The county sheriff shall secure sealed ballot transfer cases containing provisional ballots that have been counted after 1:00 p.m. on Friday following the election until 5:00 p.m. on Tuesday next succeeding the election or, in the event a recount contest is filed, until such times as the transfer cases are delivered to the district courtroom.

E.  In the event that the secretary of any county election board is unable to complete the investigation and verification of provisional ballots by 1:00 p.m. on Friday following the election, the Secretary of the State Election Board shall be authorized to extend the period for the investigation and verification of provisional ballots.  When such an extension is required by any county for a statewide election, the extension shall apply statewide.  The Secretary shall promulgate rules establishing procedures for requesting and granting such extensions.

F.  All materials used for procuring and casting a provisional ballot shall be retained by the secretary of the county election board for a period of twenty-four (24) months after the day of the election.

Added by Laws 2004, c. 545, § 8, eff. July 1, 2005.  Amended by Laws 2009, c. 31, § 3, eff. July 1, 2011 (State Question No. 746, Legislative Referendum No. 347, adopted at election held on Nov. 2, 2010).