1-8.5-101. Provisional ballot - entitlement to vote.
(1) At any election conducted pursuant to this title, a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established upon examination of the registration list for the precinct or upon examination of the records on file with the county clerk and recorder shall be entitled to cast a provisional ballot in accordance with this article.
(2) An elector who desires to vote but does not show identification in accordance with section 1-7-110 (2) may cast a provisional ballot.
(3) If an elector applies for an absentee ballot but spoils it or otherwise does not cast it, the elector may cast a provisional ballot at the polling place, vote center, or early voter's polling place if the elector affirms under oath that the elector has not and will not cast the absentee ballot. The provisional ballot shall be counted if the designated election official verifies that the elector is registered to vote and did not cast the absentee ballot and if the elector's eligibility to vote in the county is verified pursuant to section 1-8.5-105.
(4) No elector shall be denied the right to cast a provisional ballot in any election held pursuant to this title.
1-8.5-106. Counting of provisional ballots.
If the designated election official verifies that an elector who cast a provisional ballot in accordance with this article is eligible to vote, the provisional ballot shall be counted. If the elector's registration cannot be verified, the ballot shall not be counted.
If you go to your appropriate vote center on Election Day and your voter registration cannot be verified by the Election Judges, you may vote a provisional ballot. You must complete and sign the provisional ballot affidavit contained on the provisional ballot envelope. Your voted ballot should then be inserted in that envelope and sealed, and then deposited in the ballot box for that precinct.
