[EL] Quick question about provisional voting in California

Douglas Johnson djohnson at ndcresearch.com
Mon Aug 17 12:28:25 PDT 2020


My understanding is that even with electronic poll books an in-person voter
still must surrender the by-mail ballot or vote provisionally. It’s just
realistically impossible to track in real  time what received ballots are
in the process of being counted.

On Mon, Aug 17, 2020 at 11:53 AM Fredric Woocher <fwoocher at strumwooch.com>
wrote:

> Nate,
>
>
>
> I do not know the answer for certain, but unless the voter hands in the
> unvoted VBM ballot, I don’t see how it could be otherwise.  For those
> counties that will still be using traditional polling places, there is no
> other way for the pollworkers to know whether the voted VBM has already
> been returned prior to casting a ballot at the polling place.
>
>
>
> I believe some counties that have the ability to use electronic polling
> books, with real-time countywide information on who has voted and by what
> means, may be able to avoid the use of provisional ballots, but I don’t see
> how that can be avoided in other counties.
>
> <https://www.google.com/maps/search/10940+Wilshire+Blvd.,+Ste.+2000+%0D%0A+Los+Angeles,+CA+90024?entry=gmail&source=g>
>
>
>
> And this has the potential to introduce an additional grounds for
> invalidating the voted ballot, because many people forget to sign their
> provisional ballots in every election.
>
>
>
> Fredric D. Woocher
>
> Strumwasser & Woocher LLP
>
> 10940 Wilshire Blvd., Ste. 2000
> <https://www.google.com/maps/search/10940+Wilshire+Blvd.,+Ste.+2000+%0D%0A+Los+Angeles,+CA+90024?entry=gmail&source=g>
>
> Los Angeles, CA 90024
> <https://www.google.com/maps/search/10940+Wilshire+Blvd.,+Ste.+2000+%0D%0A+Los+Angeles,+CA+90024?entry=gmail&source=g>
>
> fwoocher at strumwooch.com
>
> (310) 576-1233 x105
>
>
>
> *IMPORTANT NOTICE**:* Pursuant to the Governor’s “Stay at Home” Order,
> Strumwasser & Woocher LLP is CLOSED TO THE PUBLIC.  *Packages requiring
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>
>
>
>
>
> *From:* Law-election [mailto:law-election-bounces at department-lists.uci.edu]
> *On Behalf Of *Nate Persily
> *Sent:* Monday, August 17, 2020 11:45 AM
> *To:* Election Law Listserv <law-election at uci.edu>
> *Subject:* [EL] Quick question about provisional voting in California
>
>
>
> Does anyone know if the voters who will choose to vote in person in
> California this November will need to vote a provisional ballot?  That is,
> given that all active registrants will receive ballots in the mail, will
> those who opt for polling places necessarily be casting a provisional
> ballot, rather than a "normal" ballot?
>
> <https://www.google.com/maps/search/559+Nathan+Abbott+Way+%0D%0A+Stanford,+CA+94305-8610?entry=gmail&source=g>
>
> ----------------
>
> Nate Persily
>
> James B. McClatchy Professor of Law
> Stanford Law School
> 559 Nathan Abbott Way
> <https://www.google.com/maps/search/559+Nathan+Abbott+Way+%0D%0A+Stanford,+CA+94305-8610?entry=gmail&source=g>
> Stanford, CA 94305-8610
> <https://www.google.com/maps/search/559+Nathan+Abbott+Way+%0D%0A+Stanford,+CA+94305-8610?entry=gmail&source=g>
> (917) 570-3223
> npersily at stanford.edu
>
> www.persily.com
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-- 
Douglas Johnson
National Demographics Corporation
djohnson at NDCresearch.com
phone 310-200-2058
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