[EL] Quick question about provisional voting in California

Mon Aug 17 13:15:08 PDT 2020

In California a vote-by-mail voter who appears in person will be provided a provisional ballot.

The fact that California will send a ballot to all registered voters for this election does not really present a new issue in terms of vote-by-mail voters who appear in person as such circumstances have existed in prior elections in California.

The Secretary of State website provides:

Vote-by-mail voters who appear in person. In this instance, the voter's name is on the polling place roster and the roster notes the voter requested a vote-by-mail ballot. However, the voter states they didn't receive the ballot, lost the ballot, or spoiled the ballot and doesn't have it with them. After the voter casts a provisional ballot, the elections official will check the records to ensure that the voter did not cast their vote-by-mail ballot. If this is the case and the voter's signature on the provisional ballot envelope matches the signature on the voter's registration card, then the voter's provisional ballot will be counted. (Elections Code sections 3016, 14310(f), 15350, 15100 et seq.) If the voter did vote and return their vote-by-mail ballot before the close of polls on Election Day, then the vote-by-mail ballot will be counted and the provisional ballot will not be counted. If the voter did vote and return their vote-by-mail ballot but failed to sign the vote-by-mail ballot envelope, then the voter's provisional ballot will be counted, provided they complied with the instructions associated with the provisional ballot.

Kenneth Laslavic
kenneth.laslavic at ucsf.edu<mailto:kenneth.laslavic at ucsf.edu>

<https://twitter.com/UCSFSenate>

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From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of info at arizonaspolitics.com <info at arizonaspolitics.com>
Sent: Monday, August 17, 2020 12:06 PM
To: Fredric Woocher <fwoocher at strumwooch.com>; Nate Persily <npersily at law.stanford.edu>; Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] Quick question about provisional voting in California

What Fredric said.

Here in Arizona, more than 3/4 of the voters will receive an early ballot. In Maricopa County, the pollbooks in the Vote Centers will have info on the early ballots processed up to the day before. If the early ballot had not been processed, they will be able to vote a regular, non-provisional. (Then, if the early ballot is received on E-day, it will not be counted because of the E-day ballot.) And, If it was received, the voter could still vote a provisional ballot, but only one will be counted. Other Arizona counties do not have that capability and the

I would guess some California counties will also have the same set-up that Maricopa County does.

--Paul

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-------- Original Message --------
Subject: Re: [EL] Quick question about provisional voting in California
From: Fredric Woocher <fwoocher at strumwooch.com<mailto:fwoocher at strumwooch.com>>
Date: Mon, August 17, 2020 11:52 am
To: Nate Persily <npersily at law.stanford.edu<mailto:npersily at law.stanford.edu>>, Election Law Listserv
<law-election at uci.edu<mailto:law-election at uci.edu>>

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
10940 Wilshire Blvd., Ste. 2000
Los Angeles, CA 90024
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(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 signatures will be returned undelivered – do not serve papers by this method.  While our office is closed, Strumwasser & Woocher LLP consents to electronic service in all of its matters.  Please serve by electronic mail to fwoocher at strumwooch.com<mailto:fwoocher at strumwooch.com> AND to our Senior Legal Assistant, LaKeitha Oliver, at loliver at strumwooch.com<mailto:loliver at strumwooch.com>.  We reserve the right to object to any notice or delivery of any kind if not actually received by counsel before all statutory deadlines.

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<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
559 Nathan Abbott Way
Stanford, CA 94305-8610
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