[L]imiting a trial justice to consideration of those claims raised by the parties in a specific controversy enhances the prospect that any final judgment will proceed from a factual and legal analysis of the actual dispute presented to the court. [People v. Lybarger,] 700 P.2d [910,] 915 [ (Colo.1985) ]. Absent such restrictions on the exercise of judicial authority, judicial pronouncements become hypothetical rulings on matters that may be extraneous to the real source of contention between the litigants. Id. Consequently, it is clear and imperative that a trial justice, in the exercise of his or her judicial authority, not resolve a constitutional issue unless and until such issue is actually raised by the parties to the controversy and a necessity for such a decision is clear and imperative. In sum, a trial justice does not have the authority to sua sponte attack the constitutionality of a statute; it must be raised by a party entitled to make such challenge.
TABLE OF CONTENTS |
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Scope of Rules | 93 |
§ 900 Definitions | 93 |
§ 901 Failure to Provide Voter Identification |
A. | In–Person Voters | 97 | |
B. | Additional Identification Requirement | 97 | |
C. | Absentee Voters | 97 |
§ 902 Precinct Voter Registration List |
A. | Voter's Name Missing | 97 | |
B. | “Voted Absentee” Notation | 98 |
§ 903 Poll Watcher Challenges |
A. | Official Recognition/Credentials | 98 | |
B. | Challenges | 99 |
§ 904 Court–Ordered Extension | 99 |
§ 905 Voting a Provisional Ballot | 99 |
§ 906 Notice to Provisional Voters | 100 |
§ 907 Review of Provisional Ballots | 102 |
§ 908 Hearing | 103 |
§ 909 Counting Provisional Ballots | 103 |
§ 910 Prosecuting Attorney | 104 |
§ 911 Preliminary and Unofficial Results | 104 |
§ 912 Official Certified Results | 105 |
§ 913 Effective Date | 105 |
Provisional Voter Envelope (Attachment “A”) | 106 |
List of Provisional Voters (Attachment “B”) | 108 |
Poll Watcher Authorization Form (Attachment “C”) | 109 |
(a) Absentee Ballot Processing Site—a place designated by the county board of election commissioners in the courthouse where election clerks for absentee ballots meet on election day for the purpose of processing absentee ballots.1
(b) Additional Identification Requirement—documentary identification in addition to proof of identity that certain first-time voters who register by mail must show to cast a regular ballot during early voting or at the polls on election day. Acceptable identification documents include a copy of a current and **94 valid photo identification, or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter.2
(g) County Board of Election Commissioners—the three-member board in each of the 75 counties in this State responsible for conducting all elections within their respective county, including two members elected by the county committee of the majority party and one member elected by the county committee of the minority party or persons appointed by the state chair of either the majority or minority parties to fill a vacancy in that party's position.4
(h) Documentation from the Administrator—a letter on facility letterhead, dated and signed by the administrator which specifically identifies the full name of the resident in the body of the letter *23 and is valid for one year after the date it is signed and issued. The letter issued by the administrator can be used by a resident of a long-term care facility as identification during early voting, on election day at a polling location, and when voting by absentee ballot.5
(i) Election Clerk—for the purpose of these rules, a person possessing the same qualifications as a poll worker who is designated by the county board of election commissioners to process, count, and canvass absentee ballots6 under the supervision of the county board.
(j) Election Official—a person who is a member of the county board of election commissioners or a person who is a poll worker designated by a county board of election commissioners to be an election clerk, election judge, or election sheriff.7
(k) Eligibility Affirmation—a written affirmation executed by a provisional voter in the presence of the poll worker at the poll stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote in that election (see Attachment “A”).8
(l ) First-time Voter Registered by Mail—any registered voter, except those exempted by **95 Arkansas Code Annotated § 7–5–201(e)(2), who has not previously voted in a federal election in the state and whose registration application arrived at the county clerk's office or Secretary of State's office by mail.9 “First-time voters registered by mail” who do not provide identification when registering are flagged by the county clerk for an additional identification requirement. “First-time voters registered by mail” who provided a valid driver's license number or the last four (4) digits of their social security number on their voter registration application form are considered as having provided identification if a state or local election official can match the driver's license or social security number with an existing state identification record bearing the same number, name and date of birth as provided in the registration. Registration applications arriving in bulk by means other than the mail at the registrar's office or delivered by leaders of voter registration drives are considered to have been delivered in person, not by mail, and are, therefore, not considered “first-time voters registered by mail” and not flagged by the county clerk for the additional identification requirement.
(m)Polling Site—a location selected by the county board of election commissioners where votes are cast.10
(n)Poll Watcher—any authorized representative of a candidate, any authorized representative of a group seeking passage or defeat of a measure on the ballot, and any authorized representative of a political party with a candidate on the ballot who is present at a polling site or an absentee ballot processing site to observe and ascertain the identity of persons presenting themselves to vote at the polls or to observe and ascertain the identity of absentee voters for the purpose of challenging any voter in person or for the purpose of challenging any absentee vote. A candidate may be present at an absentee ballot processing site to observe and ascertain the identity of absentee voters for the purpose of challenging any absentee vote. A candidate or an authorized *24 representative of a candidate or political party may also be present at all counting sites for the purpose of witnessing the counting of ballots by election officials. A candidate may be present in person during early voting only for the purpose of observing whether or not votes are fairly and accurately cast.11
(o) Poll Watcher Authorization Form—an affidavit, in the form specified by law, designating and authorizing a poll watcher. The “poll watcher authorization form” must be filed with the county clerk and a file-marked copy presented to an election official immediately upon entering the polling site, absentee ballot processing site, or counting site. Candidates in person at early voting, attending a counting site or an absentee ballot processing site must present identification, but are not required to present a Poll Watcher Authorization Form (see Attachment “C”).12
(r) Precinct Voter Registration List—a computerized list provided by the county clerk and used by poll workers in each polling place for every election conducted in the state indicating the name and date of the election; identifying the precinct's number and county in which located; and containing the name, address, and date of birth of each registered voter, including those who have been designated inactive, within the precinct with a space for each voter's signature.14 In any precinct with more than one (1) ballot style, the precinct voter registration list must also identify the district, sub-district, county, municipality, ward, and school zone in which each voter is qualified to vote.15
(t) Provisional Ballot—a ballot cast and/or considered by special procedures to record a vote when there is some question concerning a voter's eligibility or compliance with certain statutory requirements. Provisional ballots are counted upon verification of a voter's eligibility or compliance with those statutory requirements.17
(u) Provisional Voter Envelope—an envelope used by poll watchers for voter challenges **97 and by poll workers for voter qualification issues containing information relating to provisional voters, including a provisional voter's eligibility affirmation, the reason for voting provisional, the ballot style voted, the county clerk's certification of the provisional voter's registration status, and the disposition of the provisional ballot upon review by the county board of election commissioners. A “provisional voter envelope” shall have printed on it all the information sought by Attachment “A”.
3) Allow the voter to cast a REGULAR ballot (if the county clerk informs the poll worker that the voter transferred his or her registration from another county not later than four (4) days before the election and that the voter is at the correct poll in the new county of registration),22 or
1) If as a result of a poll watcher challenge, the poll watcher must notify a poll worker of the challenge before the voter signs the precinct voter registration list and must complete a “challenged ballot form” (See Attachment “A”), and a poll worker must inform the voter that his or her ballot is being challenged36
4) The poll worker shall initial the back of the ballot, remove the ballot stub from the provisional ballot, and place the stub in the stub box provided.38
5) The provisional voter shall mark his or her ballot.39
6) The provisional voter shall place his or her voted ballot in a ballot secrecy envelope marked “PROVISIONAL BALLOT” and seal the envelope (nothing else goes in this envelope).40
7) The provisional voter shall then place the sealed ballot secrecy envelope marked “Provisional Ballot,” containing his or her voted provisional ballot in a “provisional voter envelope”, seal it, and give it to the poll worker.41
8) The poll worker must provide the provisional voter a copy of the notice prescribed in § 906(a).42
9) The poll worker must make and retain a separate list of the names and addresses of all persons casting a provisional ballot (see Attachment “B”).43
10) The poll worker must preserve, secure, and separate all provisional ballots from the remaining ballots44 and forward all sealed “wovisional voter envelopes” in a secured container provided for that purpose to the county board of election commissioners after the polls close.
—That the provisional voter will be notified by first class mail whether his or her vote was counted and the reason if not counted.46
—That the provisional voter will be notified by first class mail whether his or her vote was counted and the reason if not counted.47
TABLE OF CONTENTS |
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Scope of Rules | 113 |
§ 800 Definitions | 113 |
§ 801 Proof of Identity Required When Voting at the Polls | 114 |
§ 802 Poll Worker Assessment of Validity of Proof of Identity | 114 |
§ 803 Additional Identification Requirement for Certain First–Time Voters | 115 |
§ 804 Failure to Present Proof of Identity or Other Required Documentation at the Polls | 115 |
§ 805 Identification Required When Voting Absentee | 115 |
§ 806 Postelection Submission of Identification or Affidavit of Indigence or Religious Objection | 116 |
§ 807 Assessment of Validity of Photo Identification Submitted Postelection | 117 |
§ 808 Postelection Submission of Affidavit of Indigence or Religious Objection | 118 |
§ 809 County Clerk to Provide Required Identification or Affidavits to Election Commission | 118 |
§ 810 Vote Counted When Required Identification or Affidavits Properly Submitted | 118 |
§ 811 Effective Date | 119 |
(a) Additional Identification Requirement documentary identification in addition to proof of identity that certain first-time voters who register by mail must show to cast a regular ballot during early voting or at the polls on election day. Acceptable identification documents include a copy of current and valid photo identification, or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter.1
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