Chapter 5.22
PROVISIONAL BALLOTS
Sections:
5.22.010 Casting provisional ballots.
5.22.020 Provisional ballot application.
5.22.030 Assistance casting provisional ballot.
5.22.050 Tabulation of provisional ballots.
5.22.010 Casting provisional ballots.
An individual is eligible to cast a provisional ballot in a City election if:
A. The individual declares in a written affirmation submitted with the provisional ballot that the individual is a qualified voter of the City and is otherwise eligible to vote in that election; and
B. The individual’s name does not appear on the voter registry; and
1. A City election official asserts that the individual is not eligible to register to vote; or
2. The individual does not have the necessary identification for registration to vote. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-18-09)
5.22.020 Provisional ballot application.
A. Before an individual casts a provisional ballot, the individual shall complete and sign the provisional ballot application prescribed by the Takoma Park Board of Elections.
B. At the time the provisional ballot is issued, the election official shall give the individual written information advising the individual that, and describing how, the individual will be able to ascertain whether the vote was counted and, if the vote was not counted, the reason it was not. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-18-09)
5.22.030 Assistance casting provisional ballot.
Any voter who requires assistance in casting a provisional ballot by reason of disability, inability to write, or inability to read the ballot may be given assistance by an individual of the voter’s choice, not to include any candidate or an agent of any candidate in that City election, the voter’s employer or agent of the employer, or an officer or agent of the voter’s union. Any person giving assistance to a voter pursuant to this section shall include an affidavit of assistance to be included with the provisional ballot. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-18-09)
5.22.040 Provisional ballots.
A. Prior to any City election, the City Clerk shall print or cause to be printed an adequate number of applications for provisional ballots, envelopes and instructions for provisional voters.
B. The form and arrangement of all provisional ballot applications, instructions, and ballot envelopes shall be as determined by the Takoma Park Board of Elections. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-18-09)
5.22.050 Tabulation of provisional ballots.
A. The Takoma Park Board of Elections shall evaluate provisional ballot applications and include accepted provisional ballot votes in the certified election results presented to the Council.
B. Evaluation of provisional ballot applications shall be conducted by the Takoma Park Board of Elections.
C. The Takoma Park Board of Elections shall open an envelope containing a provisional ballot only after the Board has approved the provisional ballot application.
D. The Takoma Park Board of Elections may not reject a provisional ballot except by majority vote of the Board. Grounds for rejection of a provisional ballot include, but are not limited to:
1. The individual who cast the provisional ballot is not a qualified voter in the City.
2. The individual returned a voted absentee ballot in that City election.
3. The individual cast more than one ballot in that City election.
4. The individual failed to sign the oath on the provisional ballot application.
5. The provisional ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.
6. The individual failed to provide required identification or the identification submitted did not satisfy the identification requirements.
7. The individual provided incomplete or inaccurate information on the provisional ballot application.
8. An identity or residency challenge of the individual was upheld.
E. The Takoma Park Board of Elections, in coordination with the City Clerk, shall establish a system that any individual who casts a provisional ballot may access without cost to discover whether the ballot was counted and, if not counted, the reason it was not. The system shall ensure the confidentiality of the individual who accesses the system and the secrecy of each ballot. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-18-09)