Other ballots tossed aside were cast by voters who still live in Lawrence but simply voted in the wrong precinct.
Most of the provisional ballots Maloney accepted were cast by voters who were placed on the inactive list because they had not voted in two previous elections and did not return census cards mailed to their home to verify their addresses. Maloney counted the votes of inactive voters who remained at the address they listed on their voter cards.
In every case, Maloney first ruled on whether a ballot should be counted based on the voter affidavit attached to a sealed envelope containing the ballot. The ballots he approved were removed from the envelope and put aside unread until later in the evening, when they were counted anonymously.
The decision about which provisional ballots to count was made by Clerk Maloney alone. Jurisdiction shifted to the Board of Registrars when the discussion turned to whether to count the three absentee ballots that should have been sent to the polls to be counted on Tuesday, but were left behind at the Election Division.
The board voted to count all three.