The AP writes, "No registration is main reason
provisional ballots thrown out" in Ohio.
http://www.zanesvilletimesrecorder.com/news/stories/20041116/localnews/1599347.htmlHowever, HAVA requires all eligible voters to have
their provisional ballots counted, not only registered voters.
From:
http://www.usdoj.gov/crt/voting/hava/HAVA_2002.html-----------------------------------------------------------------------
HAVA states in section 302 (PROVISIONAL VOTING AND
VOTING INFORMATION REQUIREMENTS.)(3) An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual
under paragraph (2) to an appropriate State or local election official for prompt verification under paragraph (4).
4) If the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3) determines that the individual is eligible under state law to vote, the individual's provisional ballot shall be
counted as a vote in that election in accordance with State law.
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'Eligible' is not synonymous with 'registered.' To cast the provisional ballot, a person has to state he or she is eligible AND registered.
For the vote to count, however, people only need be eligible.
The idea is that anyone who in good faith believes he or she is registered should be able to cast a
provisional ballot, and if it turns out that person isn't on the list because of a clerical error or whatever, the vote SHOULD count.
An interpretation of HAVA in which a citizen is
allowed to cast a provisional ballot after finding his or her name isn't on the registration list, only to have that provisional ballot discarded two weeks later for the same reason, makes no sense.
Please contact anyone who can help with this (Ohio ACLU, Ohio Democratic Party, Kerry campaign)Ohio ACLU:
http://www.acluohio.org /
Max Wohl Civil Liberties Center
4506 Chester Avenue
Cleveland, OH 44103
(216) 472-2200 | Fax: (216) 472-2210
[email protected]Ohio Democratic Party
http://www.ohiodems.org271 E. State St. Columbus, Ohio 43215
614-221-6563 (voice)
614-221-0721 (fax)
[email protected]-----------------------------------
David Cobb Campaign, Green Party
http://www.votecobb.org/contactVolunteer Coordinator - Holly Hart
319-337-7341 (Iowa)
[email protected]Campaign Manager - Lynne Serpe
Cell: 646-202-0825 (New York)
[email protected]Media Coordinator - Blair Bobier
Office: 541-929-5755 (Oregon)
[email protected]Bookkeeper - Kaitlin Sopoci-Belknap
[email protected]California
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Also contact:
Ohio Attorney General Jim Petro
State Office Tower 30 E. Broad Street 17th Floor
Columbus, OH 43215-3428
(614) 466-4320
[email protected]and:
Ohio Civil Rights Commission
1111 East Broad Street 3rd Floor
Columbus, Ohio 43205
(614)466-2785
1-888-278-7101 (Toll Free)