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State by State Provisional Ballot Laws
Provisional Ballot Laws are laws that require a provisional ballot upon verficiation of the idenity of the voter if a voter fails to present proper identification at the polls or when registering before voter registration deadlines.
A Provisional Ballot is a ballot granted to a voter that may contain Federal Races only or all the races and ballot measures on the ballot depending on state law in which a voter can vote, but is kept separate of all the legal, unchallenged ballots being counted. In most cases, a provisional ballot will turn into a full, legal ballot when a voter comes back to their municipal clerk by a set deadline and shows proper identification.
There are three different categories of provisional ballot laws that govern all fifty states and the District of Columbia.
Provisional Ballot Laws by State
Require Provisional Ballots to Be Cast in Correct Precinct
These are states that allow provisional balloting, but require the ballot tbe cast in the correct precinct in order to be counted:
- District of Columbia
- New York
- South Carolina
- South Dakota
- West Virginia
Require Provisional Ballots to be Cast in Correct Jurisdiction
These states require a provisional ballot only to be casted in the correct jurisdiction, not a precinct in order to be counted as an official vote:
- New Jersey
- New Mexico
- North Carolina
- Rhode Island
States That Are Exempt from Provisional Ballot Laws
These seven states are exempt from provisional ballot laws set by the Help America Vote Act of 2002:
- Idaho-Same Day Voter Registration of the Election
- Maine-Allows Voters to Cast Full Ballots if Challenged by an Elections Official or Campaign Operative
- Minnesota-Same Day Voter Registration of the Election
- New Hampshire-Same Day Voter Registration of the Election
- North Dakota-No Voter Registration'
- Wisconsin-Due to Same Day Voter Registration, but only provisional ballots are granted if voters do not meet the ID Requirement.
- Wyoming-Due to Same Day Voter Registration, but only provisional ballots are granted if voters do not meet the ID Requirement.