A voter holds up his "I voted" sticker after voting in Asheville. File photo: Kathy Kmonicek/AP
A voter holds up his "I voted" sticker after voting in Asheville. File photo: Kathy Kmonicek/AP

The North Carolina State Board of Elections is clear: under no circumstances should the right to vote be denied to a eligible person y registered to vote.

That's why it's useful to know What are the rights of the voter? And what to do if someone tries to deny you that right at the table.

The first thing to know is that a doubt about someone's eligibility does not disqualify them from voting. No one can be refused the right to vote without being offered an opportunity. provisional ballotThat ballot will allow you to cast your vote, precisely, in a "provisional" manner, meaning that it will be reviewed later.

In practice it works like this: the person votes anyway, and the election board of their county decides afterwards whether the ballot is counted as valid or not.

First: demand the provisional ballot

“There shouldn’t be a situation where a voter is told they don’t have the option to vote,” said Tyler Day, program manager at Common Cause North Carolina, Enlace Latino NC “Everyone has the option to issue a provisional ballot for any reason.”

A election worker Even if it says otherwise, the answer is to ask for it anyway. “In any situation where you believe you are eligible to vote and are told you cannot, you have to go back and demand a provisional ballot,” Day said.

“They are legally obligated to offer it to her,” he stated.

Who to ask for help at the polling place

The law mandates the appointment of a presiding judge at each precinct on Election Day and at early voting sites for each day of the voting period. This is the highest-ranking election worker and the designated person to resolve any disagreements at the polling station. Requesting to speak with them is the first step.

“It is the person who has to be able to de-escalate the situation or tell the election worker: yes, this person can vote, they have the correct information or identification,” said Joselle Torres, communications manager of Democracy North Carolina, Enlace Latino NC .

The provisional ballot, step by step

Anyone who cannot issue a regular ticket is sent to the site's assistance station, known in English as Help StationThere, he receives a referral form with the reason for the referral, in writing.

An election official helps you fill out a provisional ballot application and gives you the ballot and an envelope. You mark the ballot in private, seal it in the envelope, and return it to the same assistance station. Before you leave, the official should advise you if any steps are missing for the vote to be counted.

Then the county election board investigates the case and makes a decision. If the person is found to be eligible, the ballot is counted; if they are eligible for some races but not others, only those races are counted. All of this happens during the 10 days of vote counting after the election.

Related:  How to cast a provisional ballot in North Carolina

If you forgot your photo ID

Not wearing one acceptable photo ID This is one of the reasons why a voter may need to cast a provisional ballot. The procedure varies depending on their situation: whether they have identification but didn't bring it, or whether they don't have any identification at all.

Whoever left it at home can pick it up and return to the same place that day. Having photo identification allows them to cast a regular ballot and vote without issue.

But in cases where, for example, there isn't enough time to return for identification, there is still another option: casting a vote on a provisional ballot. However, that's not enough.

The person must present their identification at their county board of elections office, which is a different location from where they voted. The deadline is noon on the fifth business day after the election, which for November 3rd falls on Tuesday, November 10th.

That process depends entirely on the voter. “They have to come back, or their vote won’t count,” Day said.

Related:  Don't have a photo ID to vote in North Carolina? Here's what you can do

If you do not have photo identification

Anyone who does not have any acceptable identification votes for a provisional ballot and fills out an exception form on the spot, indicating the reason why they do not have it.

That form replaces identification. An eligible, registered voter who completes it truthfully meets the requirement, their ballot is counted, and they don't need to return later with any documents.

The county election board can reject it only if it concludes that the information on the form is false.

On the form, the voter indicates the reason why they cannot present the document. For example, due to illness or disability, not having a birth certificate or other necessary paperwork. They can also indicate that the document was lost, stolen, misplaced, or that they applied for it but have not yet received it.

The other two boxes are religious objection to being photographed and having been a victim of a natural disaster in the 100 days prior to the election, with a declaration from the president or governor.

Filling out the form with false information is a serious offense and may invalidate the ballot.

Simple majority rule, suspended

In these elections, the county election board needs the unanimous vote of its five members to reject an exception form because it considers the declaration to be false.

In July, the State Board of Elections approved a rule requiring only a simple majority to determine whether a statement is false. That majority would have to identify a specific reason, based solely on facts and not speculation, to conclude that the statement is false.

“Our county boards are made up of three Republicans and two Democrats,” Day said. “One of my concerns is that this will lead to decisions being made along party lines.”

The Rules Review Commission approved the change on August 27. However, having received at least 10 letters of objection, the rule was put on hold until the General Assembly reviews it at its next ordinary session, which will be after the elections.

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Who to call if the problem persists

If your complaint isn't resolved on-site, there's a voter helpline staffed by attorneys and election rights specialists available throughout the voting period. The number is 888-687-8683.

Spanish-language assistance is provided by the Ve y Vota hotline at 888-839-8682.

The county board of elections also receives reports and inquiries. Their contact information is available at the joint finder of the State Board.

Verification of provisional vote

About 10 days after the election, those who voted provisionally can check if their ballot was counted. The State Board's tool is called Provisional Search.

You can also find out by phone, by calling (919) 814-0700 or (866) 522-4723, which is toll-free.

>>> Official Resources NCSBE Provisional Vote

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Patricia Serrano is a bilingual journalist based in Asheville and a Report for America staffer. She covers immigration, political, and social issues in Western North Carolina for Enlace Latino NC, etc.

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