CMO Elections & Voter Registration 3 — Questions and Answers
Question 1: What is a 'provisional ballot' and when must one be offered?
- A ballot cast early in person, offered 30 days before the election
- A ballot offered when a voter's eligibility cannot be confirmed at the polls (Correct answer)
- A ballot used only in runoff elections when the margin is less than 1%
- A mail ballot sent automatically to registered voters who did not vote in the prior election
Correct answer: A ballot offered when a voter's eligibility cannot be confirmed at the polls
Under HAVA, a provisional ballot must be offered to any voter whose eligibility is in question so their vote can be counted after eligibility is verified.
Question 2: Which of the following is a valid ground for challenging a voter's registration in most states?
- The voter did not vote in the last two elections
- The voter has moved outside the jurisdiction since registering (Correct answer)
- The voter's registration card was submitted by a third-party organization
- The voter failed to return a voter ID card mailed by the municipality
Correct answer: The voter has moved outside the jurisdiction since registering
A voter who has moved outside the jurisdiction is no longer eligible to be registered there, which is a valid legal ground for a registration challenge.
Question 3: In a non-partisan municipal election, candidate names on the ballot are typically arranged in what manner?
- Alphabetically by last name in all cases
- By order of petition filing date
- By random drawing or rotation as specified by state law (Correct answer)
- By incumbent status, with incumbents listed first
Correct answer: By random drawing or rotation as specified by state law
Most states require candidate ballot order in non-partisan elections to be determined by random drawing or rotation to prevent positional bias.
Question 4: What does 'precinct' refer to in the context of municipal elections?
- The geographic area around a municipal police station
- The smallest geographic unit used to organize and administer voting (Correct answer)
- The boundary of a council member's legislative district
- The jurisdiction of a single election judge
Correct answer: The smallest geographic unit used to organize and administer voting
A precinct is the basic geographic subdivision of a jurisdiction used to assign voters to specific polling places for election administration.
Question 5: A voter submits an absentee ballot application but the election office receives it one day after the state deadline. What should the clerk do?
- Accept the application and mail a ballot because the deadline is procedural only
- Deny the application and notify the voter they may vote in person on election day (Correct answer)
- Forward the application to the state election board for a hardship waiver
- Accept the application and issue a provisional absentee ballot
Correct answer: Deny the application and notify the voter they may vote in person on election day
Absentee ballot application deadlines are statutory; a late application must be denied, but the voter retains the right to vote in person.
Question 6: Which agency is primarily responsible for enforcing federal voting rights laws including the Voting Rights Act?
- The Federal Election Commission (FEC)
- The U.S. Department of Justice, Civil Rights Division (Correct answer)
- The Election Assistance Commission (EAC)
- The U.S. Department of Homeland Security
Correct answer: The U.S. Department of Justice, Civil Rights Division
The Civil Rights Division of the U.S. Department of Justice is the primary federal enforcer of the Voting Rights Act and other federal voting laws.
Question 7: A municipality wants to change the boundaries of its voting precincts. What is typically required before this can take effect?
- Approval by a simple majority of current registered voters in the affected precincts
- Notice to affected voters and, in covered jurisdictions, federal preclearance or non-objection (Correct answer)
- A two-thirds supermajority vote of the full municipal council
- A public referendum held at least 90 days before the next election
Correct answer: Notice to affected voters and, in covered jurisdictions, federal preclearance or non-objection
Precinct boundary changes require public notice to affected voters, and jurisdictions covered under the Voting Rights Act must seek federal preclearance or demonstrate non-retrogression.
CMO Elections & Voter Registration 3
What is a 'provisional ballot' and when must one be offered?