(a) Before a person is permitted to vote, an election official shall:
(1) Request the voter to identify himself in order to verify the existence of his name on the precinct voter registration list;
(2) Request the voter, in the presence of the election official, to state his date of birth and address;
(3) Determine that the voter's date of birth and address are the same as those on the precinct voter registration list;
(4) If the date of birth given by the voter is not the same as that on the precinct voter registration list, request the voter to provide identification as the election official deems appropriate;
(5)(A) If the voter's address is not the same as that on the precinct voter registration list, verify with the county clerk that the address is within the precinct.
(B) If the address is within the precinct, request the voter to complete a voter registration application form for the purpose of updating county voter registration record files.
(C) If the address is not within the precinct, instruct the voter to contact the county clerk's office to determine the proper precinct;
(6) If the voter's name is not the same as that on the precinct voter registration list, request the voter to complete a voter registration application form for purposes of updating county voter registration record files; and
(7) Request the voter, in the presence of the election official, to sign his name, including his given name, his middle name or initial, if any, and his last name in the space provided on the precinct voter registration list. If a person is unable to sign his signature or make his mark or cross, the election official shall enter his initials and the voter's date of birth in the space for the person's signature on the precinct voter registration list.
(b) At the same time that the voter identifies himself and the party primary in which he intends to vote, the election official of the party primary which the voter designates shall mark the voter's name on the precinct voter registration list furnished by the county clerk as having voted.
(c) If a voter's name does not appear 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 by stating his 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 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.
(d) If the voter is not listed on the precinct voter registration list and the county clerk is unable to verify the voter's registration but the voter contends that he or she is eligible to vote, then the voter may vote a provisional ballot which shall only be counted upon verification of the voter's registration status.
(e) The election officials shall make and retain a list of all voters who cast a provisional ballot.
(f) After the polls close, the election official shall total the number of voters on the list.
(g) The precinct registration lists shall at all times be available to public inspection.
History. Acts 1973, No. 157, § 4; A.S.A. 1947, § 3-126; Acts 1993, No. 487, § 3; 1995, No. 901, § 11; 1995, No. 946, § 10; 1995, No. 963, § 10; 1997, No. 886, § 7; 2005, No. 67, § 19.