ACLU considering lawsuit on provisional voting

The Nevada chapter of the American Civil Liberties Union is weighing a possible lawsuit to clear up confusion over provisional voting, which for the first time lets voters cast ballots even if their names aren't on the rolls at precinct polling sites.

Richard Siegel, president of the ACLU of Nevada, said Wednesday that provisional voting, mandated by Congress in 2002, will be "a huge disappointment" in this state because it only applies to federal races and not state or local elections.

Congress passed the Help America Vote Act to prevent a repeat of mistakes that marred Florida's 2000 election, when thousands of eligible voters were turned away because their names weren't on voting lists at the polls.

Siegel also said provisional voters must be in a proper polling precinct - and even if they're properly registered their vote won't count if they show up at the wrong location.

The ACLU also is concerned about a new requirement for voters to produce identification if they didn't show identification when they registered or are voting for the first time.

Given the extensive get-out-the-vote efforts and Nevada's rapid growth, Siegel said many new voters may turn out but be dissuaded from voting because of the new requirements.

Renee Parker, chief deputy secretary of state, said she's confident that election officials throughout the state will take steps to ensure voters get the help they need so that their votes are counted.