[EL] Quick question about provisional voting in California

[Fredric Woocher]

Well, the registrars usually stop processing mailed-in VBMs a couple of days before the election, and then when they re-start processing them, no VBM is counted until the names of voters who voted in person at the polls is recorded in the central computer system.  So, at that point, the VBM would not be counted if someone voted in person.

Which is one reason why it takes so long for VBMs to be counted following the election, and everyone will need to be very patient.

FDW

From: larrylevine at earthlink.net [mailto:larrylevine at earthlink.net]
Sent: Monday, August 17, 2020 12:38 PM
To: 'Douglas Johnson' <djohnson at ndcresearch.com>; Fredric Woocher <fwoocher at strumwooch.com>
Cc: 'Election Law Listserv' <law-election at uci.edu>
Subject: RE: [EL] Quick question about provisional voting in California

Or might be received after election day.
Larry

From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> On Behalf Of Douglas Johnson
Sent: Monday, 17 August 2020 12:28 PM
To: Fredric Woocher <fwoocher at strumwooch.com<mailto:fwoocher at strumwooch.com>>
Cc: Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: Re: [EL] Quick question about provisional voting in California

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<mailto: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.

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
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From: Law-election [mailto:law-election-bounces at department-lists.uci.edu<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<mailto: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?

----------------

Nate Persily

James B. McClatchy Professor of Law
Stanford Law School
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www.persily.com<http://www.persily.com/>
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