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The Provisional Provision in Minnesota

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Cross Posted at MNProgressiveProject

A founding principle of America is government by the consent of the governed(1). Consent is determined in elections. If anyone legally eligible to vote is prevented from doing so, then they are being governed without their consent.
It follows that any attempt to discourage voting challenges this principle. Hidden within the proposed Constitutional amendment is just such an attempt.

The amendment would replace the state's very popular system of same day registration with an untested and as yet undefined system of provisional ballots.

Minnesota has used same day registration since 1974. More than three out of every five voters used same day registration (2).  Same day registrants provide proof that they currently reside in the precinct and sign an oath that they are eligible. Their data is verified with the Division of Vehicle Services and/or the Social Security Administration, the Department of Corrections, and the Department of Public Safety. Discrepancies are reported to county attorneys for further investigation and possible felony prosecution. Eight states used election day registration in 2010 and had a combined voter turnout rate of more than 50% (3).

With provisional voting, anyone not already registered, anyone with out-dated or inaccurate information, or anyone erroneously removed from the precinct register may only cast a provisional ballot that will not be counted without further verification. In many cases, this will require traveling to the county election office before their ballot will be counted. Provisional ballot procedures vary widely. In the 2006 general election, Maine counted 100% of its provisional ballots while Kentucky counted less than 7% (4).  Since 2006, 15 states have adopted some form of provisional balloting. In 2010, they had a combined voter turnout rate of less than 40% (5).

Minnesotans take voting very seriously. The State has had the highest voter turnout in the nation in every election since 1996 (6). We have much to be proud of. If the Hassle the Voter amendment passes, we may have to swallow that pride.


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