The right to vote a provisional ballot in Arizona can be triggered in several situations. A voter’s name might not appear on the signature roster or the e‑pollbook even though the voter is in the correct polling place based on their current residence. 2023 EPM at 177. The voter might have moved to a new address within the county, but has not updated their voter registration. *2023 EPM* at 177. Or perhaps the voter has legally changed their name, but has not updated their voter registration. 2023 EPM at 177. A voter might have requested a vote‑by‑mail ballot, but has not received one. *2023 EPM* at 177. A voter might not have sufficient identification with them when they go to vote to cast a regular ballot. 2023 EPM at 177. Or, maybe a voter was challenged as a qualified voter. 2023 EPM at 177. Regardless of the reason, a provisional ballot enables a voter to cast a ballot, and then subsequently follow up with the necessary documentation to have their ballot counted.
Arizona has two types of provisional ballots: a “normal” provisional ballot and a “conditional provisional ballot.” See 2023 EPM at 184. Voters who provide acceptable identification but the name or address on the identification does not “reasonably match” the signature roster or the e‑pollbook are given a provisional ballot. *2023 EPM* at 184. Voters who do not have an acceptable form of identification are issued a conditional provisional ballot. 2023 EPM at 184.
Voters must be provided a provisional ballot if the voter’s name appears on the signature roster or the e-pollbook as having received an early vote‑by‑mail ballot, but one of two things happen. *2023 EPM* at 188. The first is that the voter affirms they have not voted and they will not vote using a VBM ballot. *2023 EPM* at 188. The second situation is if the voter brings their VBM ballot and surrenders it to the inspector on Election Day. *2023 EPM* at 188. If a voter appears at a polling place on Election Day with an unvoted VBM ballot, the voter is provided with the option to take their VBM ballot into a privacy booth and mark their VBM ballot there. *2023 EPM* at 188. In this situation, the voter does not sign in like voters casting a ballot in person, but rather they place the voted ballot into the affidavit envelope, sign the affidavit envelope, and place the ballot in an early ballot drop-off container at the voting location. 2023 EPM at 188.
Other situations when a voter must be provided a provisional ballot include when the voter’s name does not appear on the signature roster, the voter’s registration record is in “inactive status,” the voter has changed their name, the voter has moved within the county, and the voter resides in another precinct. 2023 EPM at 188–90.
While the process of voting a ballot, completing the ballot envelope, and sealing the voted ballot inside the ballot envelope is no different to a voter whether they are issued a conditional provisional ballot or a “normal” provisional ballot, there are some extra steps for the Precinct Election Board when a voter casts a conditional provisional ballot. *2023 EPM* at 192. A member of the Precinct Election Board must indicate on the ballot envelope that the voter did not provide acceptable identification when they voted. *2023 EPM* at 192. The sealed envelope is then deposited into the conditional provisional ballot box. 2023 EPM at 192. The Precinct Election Board also provides the voter with a receipt that indicates how the voter can cure their ballot. 2023 EPM at 192.
One of the preliminary procedures of either the Inspection Board or the Receiving Board (which may be combined in many cases) is to separate ballots by type so that provisional and conditional provisional ballots are separate from write‑in ballots, voted ballots, and early ballots. 2023 EPM at 204. The Inspection Board then separates provisional ballots from conditional provisional ballots, and completes a provisional ballot transmittal slip. [1] 2023 EPM at 204. The number of provisional and conditional provisional ballots is also recorded on the inspection board log. *2023 EPM* at 204.
The next step is for the County Recorder to confirm that the voter has signed the provisional ballot affidavit. 2023 EPM at 212. Conditional provisional ballots are stored separately from provisional ballots, and cannot be processed and forwarded for tabulation until the voter of the conditional provisional ballot produces sufficient identification to the County Recorder. 2023 EPM at 212. If sufficient identification is not provided by the voter by the deadline, the ballot is disqualified. 2023 EPM at 212.
The County Recorder must confirm that several requirements have been met for a provisional ballot to be counted. First, the provisional ballot affidavit must be signed. 2023 EPM at 213. Second, the voter must have been registered to vote and eligible to vote in the election. 2023 EPM at 213. Third, the voter voted in the correct polling place or cast the ballot for the correct precinct. *2023 EPM* at 213. Fourth, there cannot be a record indicating that the voter already voted early in the election. 2023 EPM at 213. Fifth, if the election was a partisan primary, the voter must have received and voted the correct party ballot (based on the voter’s party affiliation). 2023 EPM at 213. Finally, if the voter is registered as a “federal‑only” voter, the voter must have received a “federal‑only” ballot, or the outside of the provisional ballot envelope is stamped to clearly indicate that the ballot needs to be duplicated, but only with the federal candidates selected before the ballot is tabulated. 2023 EPM at 213. This process must occur within 10 calendar days after a general election with a federal office on the ballot, or within five business days for all other elections if there is not a federal office on the ballot. A.R.S. § 16‑135(D); see also 2023 EPM at 213.
The County Recorder only delivers provisional ballot envelopes and affidavits of voters that are qualified to vote to the Board of Supervisors or the County Elections Director. 2023 EPM at 213. Rejected provisional ballot envelopes and affidavits are retained separately by the County Elections Director before they are transferred to the custody of the County Treasurer. 2023 EPM at 213.
The Provisional Ballot Board is appointed by the Board of Supervisors, and consists of two election officials from different parties. *2023 EPM* at 215. The Board of Supervisors may also appoint additional Provisional Ballot Boards as needed. 2023 EPM at 215. The Provisional Ballot Board is assisted by the "verification staff" from the Recorder’s Office during the review of provisional ballots.
The first thing the Provisional Ballot Board does if it has not already been done, is record the precinct identification data on the transmittal form. 2023 EPM at 215. Next, the Provisional Ballot Board examines the ballot envelope to determine whether the County Recorder identified the voter as being a “federal‑only” voter. 2023 EPM at 215. If a ballot envelope is marked as being from a “federal‑only” voter and it is otherwise verified, the Provisional Ballot Board opens the provisional ballot envelope to confirm that the enclosed ballot is a “federal‑only” ballot (rather than a “full‑ballot”). 2023 EPM at 215. If the ballot in the provisional ballot envelope is a “federal‑only” ballot, the ballot is removed and processed for tabulation. 2023 EPM at 215.