(a) If the voter's name is not on the precinct voter registration list, the election official shall permit the voter to vote only under the following conditions:
(1) The voter identifies himself or herself by stating his or her name and date of birth and is verified by the county clerk as a registered voter within the county and, if the county is divided into more than one (1) congressional district, within the same congressional district;
(2) The voter gives and affirms his or her current residence and the election official verifies with the county clerk that the voter's residence is within the precinct;
(3) The voter completes an updated voter registration application form; and
(4) The voter signs the precinct voter registration list.
(b) If the voter is not listed on the precinct voter registration list and the election official is unable to verify the voter's registration with the county clerk and the voter contends that he or she is a registered voter in the precinct in which he or she desires to vote and that he or she is eligible to vote, then the voter shall be permitted to cast a provisional ballot as follows:
(1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election;
(2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is:
(A) A registered voter in the precinct in which the individual desires to vote; and
(B) Eligible to vote in that election;
(3) The provisional ballot shall be counted only upon verification of the voter's registration status in the precinct by the county board of election commissioners before certification of the election; and
(4)(A) Whenever a person casts a provisional ballot, the election official shall provide the voter written information that states that the individual who casts a provisional ballot will be able to ascertain whether the vote was counted, and if not, the reason the vote was not counted, by accessing a toll-free telephone number, Internet website, or other free access system established by the Secretary of State for that purpose.
(B) Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot.
(c) The election official shall make a list of all voters who cast provisional ballots.
History. Acts 1969, No. 465, Art. 7, § 9; A.S.A. 1947, § 3-709; Acts 1995, No. 946, § 7; 1995, No. 963, § 7; 1997, No. 451, § 19; 2003, No. 994, § 5; 2005, No. 238, § 2.