arrowSection 5.4 - Provisional Voting

This topic is monitored by Moritz Law Professor Daniel Tokaji

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Statutes for States’ Provisional Ballot Deadlines

Colorado

Deadline to Count Provisional Ballots: November 14 or 15. 1 Verification and counting of all provisional ballots must be completed within 12 days after the election.

Statute: Colo. Rev. Stat. § 1-9-303

Florida

Deadline to Count Provisional Ballots: There is no explicit deadline. After the polls close in Florida, the canvassing boards will meet that evening to determine the status of each provisional vote.

Statute: Fla. Stat. § 102.141(2)

Iowa

Deadline to Count Provisional Ballots: November 8 or 9. The canvass must be completed by the Monday or Tuesday following the election.

Statute: Iowa Code § 50.21

Minnesota

Deadline to Count Provisional Ballots: N/A

Statute: Minn. Stat. § 201.061 (Election-Day Voter Registration)

Nevada

Deadline to Count Provisional Ballots: November 5. Provisional ballots will be counted by the Friday following the election.

Statute: Nevada Rev. Stat. § 293.3082

New Hampshire

Deadline to Count Provisional Ballots: N/A

Statute: N.H. Rev. Stat. Ann. § 654:7-a (Election-Day Voter Registration )

New Mexico

Deadline to Count Provisional Ballots: November 12. Provisional ballots must be determined before the county boards complete the canvass and declare the results. The county canvassing boards have ten days from the date of the election to complete the canvass.

Statute: N.M. Stat. Ann. § 1-13-13

Ohio

Deadline to Count Provisional Ballots: Verification: November 15 2; Counting: November 16. Verification of provisional ballots will be completed by 11 days after the election. Official count of provisional ballots will be completed by 14 days after the election.

Statute: Ohio Rev. Code § 3503.16(D) 3

Pennsylvania

Deadline to Count Provisional Ballots: November 5. Each provisional ballot in Pennsylvania must be determined to be a legitimate or illegitimate vote within 3 business days of the election.

Statute: 25 P.S. § 3050(a.4)(4)

Wisconsin

Deadline to Count Provisional Ballots: N/A

Statute: Wis. Stat. § 6.55 (Election-Day Voter Registration)

Notes

1. “If the last day for any act to be done … is a Saturday, Sunday or legal holiday and completion of such act requires a filing or other action during business hours, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.” Colorado Rev. Statutes Ann. §1-1-106(4)

2. “The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that, when the last day falls on Sunday or a legal holiday, the act may be done on the next succeeding day that is not Sunday or a legal holiday.” Ohio Revised Code 3503.16(D)

3. This is based upon information provided by the Ohio Secretary of State’s office.

[Posted October 25, 2004]