The presidential election is Nov. 6, but it could take days to figure out the winner if the vote is close. New voting laws are likely to increase the number of people who have to cast provisional ballots in key states. Tight races for Congress, governor and local offices also could be stuck in limbo while election officials scrutinize ballots, a scenario that would surely attract legions of campaign lawyers from both parties. “It’s a possibility of a complete meltdown for the election,” said Daniel Smith, a political scientist at the University of Florida. Voters cast provisional ballots for a variety of reasons: They don’t bring proper ID to the polls; they fail to update their voter registration after moving; they try to vote at the wrong precinct; or their right to vote is challenged by someone.
These voters may have their votes counted, but only if election officials can verify that they were eligible to vote, a process that can take days or weeks. Adding to the potential for chaos: Many states won’t even know how many provisional ballots have been cast until sometime after Election Day. Voters cast nearly 2.1 million provisional ballots in the 2008 presidential election. About 69 percent were eventually counted, according to election results compiled by The Associated Press.
New election laws in competitive states like Virginia, Florida, Pennsylvania and Wisconsin will probably increase the number of provisional ballots in those states this year, according to voting experts, although the new laws in Wisconsin and Pennsylvania are being challenged in court. New voter ID laws in states like Kansas, Mississippi, South Carolina and Tennessee could affect state or local elections, though some of those laws also are being challenged.