Election: Fall, 2008
Washington
Election Contest Scenario #2: Provisional Ballots with Technical Mistakes
Unclear
Each provisional voter is supposed to supply his or her name, present and former address, if applicable, and date of birth. § 29A.44.207. The ballot “cannot be counted unless the voter’s name, signature and date of birth, if available, match a voter registration record.” WA ADC 434-253-047. However, the code does not define what is necessary for this information to count as a “match.” The inclusion of the words “if available” seems to suggest that omission of the date of birth will not invalidate the ballot, although an incorrect date of birth might. The code, law and cases provide no further details.

