§ 7-5-308 - Provisional ballot procedure.
7-5-308. Provisional ballot procedure.
(a) When the voter is required by law to cast a provisional ballot, the ballot shall be cast pursuant to the following procedures:
(1) A poll worker shall notify the individual that the individual may cast a provisional ballot in that election;
(2) The voter shall execute a written eligibility affirmation in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote;
(3) The poll worker shall initial the back of the ballot, remove the ballot stub from the provisional ballot, and place the stub in the stub box provided;
(4) The voter shall mark his or her provisional ballot;
(5) The voter shall place the voted provisional ballot in a ballot secrecy envelope marked "provisional ballot" and seal the envelope;
(6) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker;
(7) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the ballot was not counted; and
(8) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot.
(b) The poll worker shall preserve, secure, and separate all provisional ballots from the remaining ballots so that the right of any person to vote may be determined later by the county board of election commissioners or the court in which an election contest may be filed.
(c) (1) Whenever a person casts a provisional ballot, the poll worker shall provide the voter written information that states that the individual who casts a provisional ballot will be able to ascertain whether the vote was counted, and if not, the reason the vote was not counted.
(2) The Secretary of State shall establish a free access system to allow a provisional voter to ascertain whether his or her vote was counted, and if not, the reason his or her vote was not counted.
(3) Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot.
(d) (1) Before certification of the results of the election, the county board shall determine whether the provisional ballots are valid.
(2) Unless enjoined by a court of competent jurisdiction, a provisional ballot shall be counted if it is cast by a registered voter and is the correct ballot, according to the precinct listed on the voter's eligibility affirmation, for the precinct of the voter's residence.
(e) If, upon examination of any provisional ballots, the county board suspects that a violation of the election laws has occurred, the county board may refer the matter to the prosecuting attorney.