The Promise and Problems of Provisional Voting

George Washington Law Review, Vol. 73, 2005

Ohio State Public Law Working Paper No. 50

Center for Interdisciplinary Law and Policy Studies Working Paper No. 32

16 Pages Posted: 12 Apr 2006  

Edward B. Foley

Ohio State University (OSU) - Michael E. Moritz College of Law

Abstract

This piece examines the first major test of provisional voting after the enactment of the Help American Vote Act of 2002 (HAVA). The 2004 presidential election demonstrated the HAVA system of provisional voting is seriously underdeveloped, in large part because of ambiguities and gaps in HAVA itself. These deficiencies prevent provisional voting from serving as the "insurance policy" HAVA intended it to be. The article recommends that, before the 2008 presidential election, new legislation should be enacted that would establish preelection mechanisms for verifying voter eligibility and that these preelection verification procedures be used to streamline postelection disputes over provisional ballots.

Keywords: bush, gore, kerry, elections

JEL Classification: D72, K40, K49

Suggested Citation

Foley, Edward B., The Promise and Problems of Provisional Voting. George Washington Law Review, Vol. 73, 2005; Ohio State Public Law Working Paper No. 50; Center for Interdisciplinary Law and Policy Studies Working Paper No. 32. Available at SSRN: https://ssrn.com/abstract=896329

Edward B. Foley (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614-292-4288 (Phone)
614-292-2035 (Fax)

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