[EL] Quick question about provisional voting in California

Mon Aug 17 14:32:02 PDT 2020

Thanks, Lisa, for the clarification.

For those following the bouncing balls, I believe this means that voters in California counties with vote centers, as long as the e-pollbooks at those vote centers are working, those voting in person will usually get a "regular" ballot.  The only time those voters get a provisional is if they're not on the rolls, or if records show they have actually returned a mail ballot already.  (If a mail ballot arrives at the county after a voter has already voted the regular ballot in person, the mail ballot will not count.)

And for those voting in counties with traditional polling places, I believe those voting in person can get a regular ballot by surrendering their mail ballot.  Those who do not surrender their mail ballot will vote a provisional.

Given how many voters live in VCA counties, as Lisa says, I think that means the answer to Nate's question is that most California voters who choose to vote in person will not be casting provisional ballots.

And given the confusion (and the natural desire to facilitate information about "how it works in California" based on personal experience in one county), that speaks to the immense importance of communication to voters<https://redistricting.lls.edu/other/Levitt%20USCCR%20testimony%2020200708.pdf#page=16> about how the process works for them - not just in California, but everywhere.  That's best done locally by county administrators, who can speak to voters in their county without the all of the different combinations state officials may have to account for.  And that brings me back to the familiar issue on this listserv of needing to make sure that the counties get the funding they've been begging for, to make that communication possible.

Justin

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of Lisa Bryant
Sent: Monday, August 17, 2020 1:45 PM
To: Douglas Johnson <djohnson at ndcresearch.com>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] Quick question about provisional voting in California

Yes, "most counties" did not receive ballots automatically, but about 50% of CA voters lived in a VCA county where they automatically received a ballot in the mail for the primary election this year. In those counties, if they didn't take their ballot to the vote center with them the vote center printed a new ballot and voided the mailed ballot. They did not have to vote provisionally.

Even prior to VCA, over 60% of registered voters in CA were registered for permanent absentee ballots, as high as 75% in some counties. CA also has a couple of counties that are were exclusively VBM prior to VCA due to small populations and their rural nature.  CA, as a whole, is pretty familiar with VBM and absentee ballots.

Best,
Lisa

Lisa Bryant, Ph.D.
Associate Professor, Department of Political Science
Survey Director, Institute for Leadership and Public Policy
California State University, Fresno

On Mon, Aug 17, 2020 at 1:28 PM Douglas Johnson <djohnson at ndcresearch.com<mailto:djohnson at ndcresearch.com>> wrote:
But that primary was an election where in most counties you actively requested a ballot (either for that election or as a permanent absentee). This November election millions will get mail ballots they never requested - will they know to bring them with them to surrender?

Eric McGhee or Thad Kousser (or anyone from that team), has your research with the early "Vote Center" counties shown any indications of how much this is an issue?

- Doug

On Mon, Aug 17, 2020 at 12:04 PM Pamela S Karlan <pkarlan at stanford.edu<mailto:pkarlan at stanford.edu>> wrote:
Dear Fred and Nate,

If the primary is any indication, at my polling place, it seemed that most of us who were voting in person did hand in our VBM ballot.

It's interesting that the Secretary of State's website doesn't say anything about this.:  https://www.sos.ca.gov/elections/voting-info/ways-vote/

Pamela S. Karlan

Kenneth and Harle Montgomery Professor of Public Interest Law

Co-Director, Supreme Court Litigation Clinic

Stanford Law School

karlan at stanford.edu<mailto:karlan at stanford.edu>

650-725-4851

________________________________
From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> on behalf of Fredric Woocher <fwoocher at strumwooch.com<mailto:fwoocher at strumwooch.com>>
Sent: Monday, 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>>
Subject: Re: [EL] Quick question about provisional voting in California

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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