In Michigan, the provisional ballot allows voters who believe they are eligible but do not appear on the voter list to cast a ballot. Two types of provisional ballots are available to a voter, depending on whether the voter has valid identification and is willing to sign a sworn statement. One type of provisional ballot is tabulated on Election Day, and the other type of provisional ballot is tabulated after the election once the voter cures the issue or the ballot is otherwise verified.
There are two types of provisional ballots used in Michigan: (1) Provisional Affidavit Ballots and (2) Provisional Envelope Ballots.
A Provisional Affidavit Ballot is issued when a voter’s voter registration does not appear on the voter list, but the voter presents valid photo identification and signs an affidavit stating, under penalty of perjury, that the voter is registered to vote and is eligible to participate in the election. “Election Day EOM” at 21*.* An election inspector then enters the voter’s information in the unlisted section of the voter list, prepares a ballot for the voter, completes a Provisional Ballot Form, and gives the voter the ballot to complete. “Election Day EOM” at 21.
To confirm the voter’s eligibility, the election inspector must contact the City or Township Clerk to verify whether the voter is listed in the registration records or, if not, whether there is any information contrary to the content of the voter’s sworn statement. Mich. Comp. Laws Serv. § 168.523a(3). If the City or Township Clerk verifies the voter’s statement, the voter’s provisional ballot is tabulated on Election Day in the same manner as a regular ballot. Mich. Comp. Laws Serv. § 168.523a(4); “Election Day EOM” at 21. **If the election inspector is not able to contact the City or Township Clerk, the voter must vote by Provisional Envelope Ballot (discussed below). Mich. Comp. Laws Serv. § 168.523a(5).
A Provisional Envelope Ballot is issued when a voter’s registration does not appear on the voter list, and the voter cannot present photo identification or cannot sign an affidavit stating that the voter registered to vote and is eligible. “Election Day EOM” at 21. In this case, the election inspector completes the Provisional Ballot Form by recording what documentation is missing. “Election Day EOM” at 21. The election inspector prepares a ballot and enters the voter’s information in the unlisted section of the voter list. “Election Day EOM” at 22. The election inspector then gives the voter the ballot and instructs the voter to return the ballot to the election inspector. “Election Day EOM” at 22*.* Once completed, the election inspector places the provisional ballot in a storage envelope. “Election Day EOM” at 21. Provisional Envelope Ballots are not tabulated on Election Day; instead, they are secured for verification after the election. Mich. Comp. Laws Serv. § 168.523a(5); “Election Day EOM” at 22*.*
After polls close, election inspectors deliver the Provisional Envelope Ballots in a return envelope to the City or Township Clerk. Mich. Comp. Laws Serv. § 168.523a(6). The election inspectors provide voters with notice that the Clerk will verify the voters’ information within six days of Election Day and determine whether their provisional ballots will be counted. Mich. Comp. Laws Serv. § 168.523a(7).
If a voter casts a Provisional Envelope Ballot, the voter may cure the deficiency within six days after Election Day by providing the missing documentation to the City or Township Clerk. “Election Day EOM” at 22-23. **If the voter presents the required documents, the voter’s Provisional Envelope Ballot must be tabulated. “Election Day EOM” at 23.
Within six days of Election Day, the City or Township Clerk must determine whether each Provisional Envelope Ballot is eligible to be counted. Mich. Comp. Laws Serv. § 168.813(1); “Provisional Ballots” at 6*.* The Clerk may not open the provisional ballot while making this determination. Mich. Comp. Laws Serv. § 168.813(1). A Provisional Envelope Ballot can be counted if the Clerk locates a valid voter registration record for the voter or establishes the voter’s residence using identification documents. Mich. Comp. Laws Serv. § 168.813(1).
Once the Clerk has determined that a provisional ballot may be counted, two election inspectors of differing political parties remove the ballot from the Provisional Ballot Form and place the ballot in the ballot container. “Provisional Ballots” at 10*.* Once all eligible provisional ballots are placed in the ballot container, the votes on the ballots are counted and documented on a tally sheet. “Provisional Ballots” at 10.
The City or Township Clerk must transmit the results of the tabulated provisional ballots to the County Canvassing Board no later than seven days after Election Day. Mich. Comp. Laws Serv. § 168.813(2); “Provisional Ballots” at 11*.* The provisional ballot totals are added to the county canvass. “Provisional Ballots” at 10*; Mich. Comp. Laws Serv. § 168.829(1).*
Within 14 days after Election Day, the County Clerk must transmit a report of the county provisional ballots to the Secretary of State. Mich. Comp. Laws Serv. § 168.829(2). The County Clerk must also make the report available for public inspection. Mich. Comp. Laws Serv. § 168.829(2).