Provisional ballots can cause confusion and uncertainty about whether or not your vote will be counted. Although each state operates differently, federal guidelines ensure you have an opportunity to cast a ballot, even if an issue arises on Election Day.
What is a Provisional Ballot?
Provisional ballots exist for voters with uncertain eligibility. When voter eligibility is in question, voters may be directed to cast a provisional ballot rather than leave the polls. A provisional ballot is separated from regular ballots because voter eligibility must be verified before it can be counted. Election officials review each provisional ballot case-by-case, ensuring that each vote is counted if found eligible. Thanks to the 2002 Help America Vote Act (HAVA), most states are required to offer provisional ballots to any voter with uncertain eligibility. The only exception is states that had same-day registration back when HAVA was passed, which is why Idaho, Minnesota, and New Hampshire do not offer provisional ballots.
- READ: HAVA Act details on requirements for provisional ballots.
- SAVE: Brennan Center for Justice HAVA Act Fact Sheet
Some states refer to these ballots as affidavit or challenge ballots. Affidavit, challenge, or provisional ballots all operate in the same way under the Help America Vote Act. Although Washington, D.C. is not specifically mentioned in Section 302 of the HAVA, the District of Columbia Board of Elections ensures access to provisional ballots on page 17 of their downloadable voter guide.
Why would you receive a Provisional Ballot?
According to Election Desk, most cases of provisional ballots stem from administrative or clerical issues at the election office. This means that, more often than not, you did nothing wrong.
Some common reasons a person could receive a provisional ballot include:
- your name is not on the poll or voter registration list at the polling location you’re trying to vote at;
- your name or address changed since you last updated your voter registration;
- you are unable to provide the identification that your state requires (learn more about ID requirements here);
- you showed up to a polling location in the wrong precinct (if you are at the wrong precinct and have time to go to the right one, you should do that instead of casting a provisional ballot);
- a poll watcher or other observer challenged your eligibility to vote; and/or
- registration problems or same-day registration.
Voting rules depend on where you live and can be quite complex. Even if you made a mistake, you should never feel embarrassed. Casting a provisional ballot can ensure that your vote has a chance to be counted, even if you or the election office made a mistake.
Can you dispute a provisional ballot?
If you do not think you should have to cast a provisional ballot, you cannot officially dispute it. However, you can ask the poll worker why you need to cast a provisional ballot and attempt to verify the point of confusion. If the poll worker insists that you cannot cast a regular ballot, it is always best to cast a provisional ballot because it preserves your chance to have your vote counted.
Carefully read the instructions on the provisional ballot and any materials you receive. Ask questions if you aren’t sure what to do next. In many instances, voters can correct or “cure” provisional ballots by presenting proof of eligibility to their local board of elections after voting. Be sure to ask:
- What information and/or documentation is needed to ‘cure’ your ballot;
- where can said information and/or documentation be shared; and
- when is the deadline to present that information for your ballot to be counted.
What are your next steps after casting a Provisional Ballot?
After casting a provisional ballot, the poll worker should give you a tracking number. States are required to allow you to track your ballot, but each state does this differently. For more information about your state’s tracking process, visit this list provided by VoteAmerica.
According to Legal Clarity, about 1 in 4 provisional ballots do not get counted. This means that your provisional vote has a 75% chance of being counted. Provisional ballots are most commonly rejected because the voter did not properly register. Some other reasons may include voting in the wrong state, city, or even precinct, as well as ID or signature issues. If you are given a window to present a valid ID, be sure to do so before the deadline. If your provisional ballot does get rejected, the tracking system in your state should tell you why.
Additional Resources
VoteAmerica
Lists each state and how they track provisional ballots, including website links and contact information.
Ballotpedia
Breaks down each state’s laws around a wide variety of provisional ballot measures
GovFacts
Provides an in-depth guide to how provisional ballots differ from regular ballots.
U.S. Election Assistance Commission
Branch of the federal government that ensures proper elections, including provisional ballots.
Elections Group
Prepares election offices to handle provisional ballots by creating a checklist.