105.39  DETERMINING THE PROVISIONAL BALLOTS. 
   The board of canvassers must examine each provisional ballot envelope and associated records (such as the registration record or application for absentee ballot). After examining the reason for voting provisional and the voter's registration card, they must determine whether there is evidence to remove the challenge and count the ballot, or whether the challenge should be sustained. The key to this decision is whether the voter is properly registered, is eligible to cast a ballot in the election, and has followed proper procedures. The board of canvassers may not simply decide to count or not count all provisional ballots on the theory it won't make any difference to the outcome. Voters who are legally registered, entitled to vote and have met the requirements of law as to procedure (such as the requirement to show ID in the first election after registering by postcard registration, or absentee voting requirements) must have their ballots counted.  (Ord. 05-07.  Passed 10-20-05.)