32-1002 Provisional ballots; when counted.
32-1002. Provisional ballots;when counted.(1) As the ballots are removed fromthe ballot box pursuant to sections 32-1012 to 32-1018, the receiving boardshall separate the envelopes containing the provisional ballots from the restof the ballots and deliver them to the election commissioner or county clerk.(2) Upon receipt of a provisional ballot, the election commissioneror county clerk shall verify that the certificate on the front of the envelopeor the form attached to the envelope is in proper form and that the certificationhas been signed by the voter.(3) The election commissioner or county clerk shall also (a)verify that such person has not voted anywhere else in the county or beenissued a ballot for early voting, (b) investigate whether any credible evidenceexists that the person was properly registered to vote in the county beforethe deadline for registration for the election, (c) investigate whether anyinformation has been received pursuant to section 32-309, 32-310, or 32-324that the person has resided, registered, or voted in any other county or statesince registering to vote in the county, and (d) upon determining that credibleevidence exists that the person was properly registered to vote in the county,make the appropriate changes to the voter registration register by enteringthe information contained in the registration application completed by thevoter at the time of voting a provisional ballot.(4) A provisional ballot cast by a voter pursuant to section 32-915 shall be counted if:(a) Credible evidence exists that the voter was properly registeredin the county before the deadline for registration for the election;(b) The voter has resided in the county continuously sinceregistering to vote in the county;(c) The voter has not voted anywhere else in the county orhas not otherwise voted early using a ballot for early voting;(d) The voter has completed a registration application priorto voting as prescribed insubsection (6) of this section and:(i) The residence address provided on the registration applicationcompleted pursuant to subdivision (1)(e) of section 32-915 is located withinthe precinct in which the person voted; and(ii) If the voter is voting in a primary election, the partyaffiliation provided on the registration application completed prior to votingthe provisional ballot is the same party affiliation that appears on the voter'svoter registration record based on his or her previous registration application;and(e) The certification on the front of the envelope or formattached to the envelope is in the proper form and signed by the voter.(5) A provisional ballot cast by a voter pursuant to section 32-915 shall not be counted if:(a) The voter was not properly registered in the county beforethe deadline for registration for the election;(b) Information has been received pursuant to section 32-309, 32-310, or 32-324 that the voter has resided, registered, or voted in anyother county or state since registering to vote in the county in which heor she cast the provisional ballot;(c) Credible evidence exists that the voter has voted elsewhereor has otherwise voted early;(d) The voter failed to complete and sign a registration applicationpursuant to subsection (6)of this section and subdivision (1)(e) of section 32-915;(e) The residence address provided on the registration applicationcompleted pursuant to subdivision (1)(e) of section 32-915 is in a differentcounty or in a different precinct than the county or precinct in which thevoter voted;(f) If the voter is voting in a primary election, the partyaffiliation on the registration application completed prior to voting theprovisional ballot is different than the party affiliation that appears onthe voter's voter registration record based on his or her previous registrationapplication; or(g) The voter failed to complete and sign the certificationon the envelope or form attached to the envelope pursuant to subsection (3)of section 32-915.(6) An erroror omission of information on the registration application or the certificationrequired under section 32-915 shall not result in the provisional ballot notbeing counted if:(a)(i) The errant or omitted information is contained elsewhereon the registration application or certification; or(ii) The information isnot necessary to determine the eligibility of the voter to cast a ballot;and(b) Both the registration application and the certification aresigned by the voter.(7) Upondetermining that the voter's provisional ballot is eligible to be counted,the election commissioner or county clerk shall remove the ballot from theenvelope without exposing the marks on the ballot and shall place the ballotwith the ballots to be counted by the county canvassing board.(8) The election commissioneror county clerk shall notify the system administrator of the system createdpursuant to section 32-202 as to whether the ballot was counted and, if not,the reason the ballot was not counted.(9) The verification and investigationshall be completed within seven days after the election. SourceLaws 1994, LB 76, § 296; Laws 1999, LB 234, § 13; Laws 2002, LB 1054, § 23; Laws 2003, LB 358, § 30; Laws 2005, LB 566, § 53; Laws 2007, LB646, § 10; Laws 2010, LB325, § 7.Effective Date: July 15, 2010