A provisional ballot is a type of ballot cast by a voter that is not immediately counted. If, after the election, administrators determine that the voter who cast the provisional ballot was eligible to vote, the voter provides identification, or other criteria are met, the ballot will be counted as a regular ballot. In some cases, voters casting a provisional ballot may be eligible to vote in only certain races.
The Help America Vote Act requires most states to provide for a provisional balloting process. States that had enacted same-day voter registration processes as of 1993 are exempt from this requirement, though many of them have adopted provisional voting procedures.[1]
Forty-seven states have established a provisional voting process. Idaho, Minnesota, and New Hampshire do not have provisional voting.
HIGHLIGHTS
The Help America Vote Act requires most states to provide for a provisional balloting process.
Forty-seven states allow provisional voting in at least one situation. Thirty-nine states allow a voter to cast a provisional ballot if they do not have the required identification. Twenty states allow a voter to cast a provisional ballot if they are voting in the wrong precinct.
Background
Background and context on how provisional voting works.
Overview
An overview of provisional ballot laws across the United States.
Provisional ballot laws by state
Information about each state's provisional ballot laws
Background
States where more voters use provisional ballots may have later results because state laws typically require verification of the voter's eligibility, either through an action by the voter or by election officials. According to the Council on State Governments, "Given that a provisional ballot is reviewed in order to validate the voter’s eligibility, they often take more time to count. This can lead to votes still being tallied after Election Day."[2]
There were 1,290,670 provisional ballots cast during the 2024 election, according to the U.S. Election Assistance Commission, which accounts for 0.9% of all ballots nationally.[3] The most common reason for voting a provisional ballot was that the voter did not appear on the list of eligible voters. The state with the highest percentage of provisional ballots cast was Maryland, with 4.8%.
Overview
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| Staff Writer Samuel Wonacott provides a quick overview of provisional balloting laws and procedures
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As of November 2025, 47 states have established a provisional voting process. Idaho, Minnesota, and New Hampshire do not have provisional voting. Although federal law mandates provisional voting processes, the states themselves define those processes. Consequently, the circumstances in which a person can vote a provisional ballot vary from state to state.[4]
Forty-three states have laws allowing voters to cast a provisional ballot in multiple circumstances. The state with the most situations in which a voter may cast a provisional ballot is North Carolina, with 10.
Provisional voting without identification
Forty states allow a voter to cast a provisional ballot if they lack identification required under the state's voter ID law or if they are a first-time voter who did not previously provide identification when registering to vote by mail. Generally, states will count a person's provisional ballot if they are otherwise eligible to vote and present identification to their local election official by a set deadline.
Provisional voting when there is a court order
Fourteen states allow voters to cast a provisional ballot if a court order extends voting hours, either in a specific jurisdiction or statewide. In some cases, voters may cast a provisional ballot if state election officials order a polling place to remain open later if it encountered issues, such as a delayed opening or a prolonged interruption to voting.[5]
Generally, election officials will keep provisional ballots cast for this reason separate from other provisional ballots in case a higher court overturns a ruling to extend polling place hours.[6] As long as the court order is not overturned and the person is otherwise eligible to vote, provisional ballots cast for this reason will be counted without any action required from the voter.[7]
Provisional voting for ballots cast in the wrong precinct
States differ in how they treat provisional ballots that are cast in the incorrect precinct. Some do not count the ballots; others conduct partial counts of such ballots (i.e., votes cast for federal races might be counted, whereas votes for state and/or local offices might not).
As of November 2025, 20 states did a partial count of provisional ballots cast in the wrong precinct. One state, Maine, conducted a full count of provisional ballots cast in the wrong precinct. 26 states did not count provisional ballots that were cast in the wrong precinct. Three states did not provide for provisional voting.[4]
Provisional ballot laws by state
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
- See also: Election administration in Alabama
Voters in Alabama are given provisional ballots under the following circumstances. Below each circumstance is a description of the action taken to determine whether provisional ballots will be counted and circumstances under which they will not be counted.[8]
(1) "The name of the individual does not appear on the official list of eligible voters for the precinct or polling place in which the individual seeks to vote, and the individual's registration cannot be verified while at the polling place by the registrar or the judge of probate."
- The voter must sign an affirmation of their eligibility to vote in that precinct and fill out a voter reidentification form to be used for updating the state voter registration list.
- If the voter is found to be ineligible to vote or cast their ballot in the incorrect precinct, the ballot will not be counted.
(2) "An inspector has knowledge that the individual is not entitled to vote at that precinct and challenges the individual."
- "[T]he inspector shall sign a statement under penalty of perjury setting forth facts which the inspector believes to support his or her belief that the individual is not qualified to vote in the precinct in which the voter is seeking to vote."
(3) "The individual is required to comply with the voter identification provisions of Section 17-10-1 but is unable to do so."
- "[T]he identification, including the address and telephone number of the voter, must be provided to the board of registrars no later than 5:00 P.M. on the Friday following the election."
- "If the voter fails to provide identification to the board of registrars by 5:00 P.M. on the Friday following the election, the voter's ballot shall not be counted."
(4) "A federal or state court order extends the time for closing the polls beyond that established by state law and the individual votes during the extended period of time."
- "[T]he provisional ballots shall be segregated from other provisional ballots into a separate sealed container for such purpose and shall be counted, tabulated, and canvassed only pursuant to the order of a court having proper jurisdiction."
(5) "The person has requested, but not voted, an absentee ballot."
- If a voter is found to have already voted by absentee ballot, their in-person provisional ballot will not be counted.[4]
- See also: Election administration in Alaska
Alaska refers to provisional ballots as questioned ballots. Voters in Alaska are given questioned ballots under the following circumstances:[9]
(1) The individual's name does not appear on the precinct registration list.[10]
(2) The individual's address has changed.
(3) The individual does not present required identification.
(4) The individual already voted.
(5) An observer challenges the individual's qualifications to vote.
Voters are given a questioned ballot envelope on which to include information along with their voted questioned ballot. A review board then determines, based on the information provided, whether the ballot is counted. The voter will receive a letter informing them if their ballot was rejected or partially counted.
[9]
- See also: Election administration in Arizona
Voters in Arizona are given provisional ballots under the following circumstances.[11]
(1) If the voter’s name is not on the precinct register and he or she "presents a certificate from the county recorder showing that the elector is entitled by law to vote in the precinct," the voter has the right to cast a provisional ballot.[11]
(2) If the voter’s name is not on the precinct register and he or she presents "identification verifying the identity of the elector that includes the voter's given name and surname and the complete residence address that is verified by the election board to be in the precinct or on signing an affirmation that states that the elector is a registered voter in that jurisdiction and is eligible to vote in that jurisdiction," the voter has the right to cast a provisional ballot.[11]
(3) "If a voter has moved to a new address within the county and has not notified the county recorder of the change of address before the date of an election, the voter shall be allowed to correct the voting records for purposes of voting in future elections at the appropriate polling place for the voter's new address. The voter shall be allowed to vote a provisional ballot."[11]
- The voter must present identification that states his or her full name and address.
- The address must be located in the precinct in which the voter is attempting to vote.
- "The voter shall affirm in writing that the voter is registered in that jurisdiction and is eligible to vote in that jurisdiction."[11]
(4) The voter does not provide requisite identification. The Arizona Secretary of State office's website says, "No voter should be turned away from the polls without an opportunity to at least cast a provisional ballot."[12]
A provisional ballot is rejected in the following circumstances:[4]
- The voter is not registered;
- The ballot is not included in an envelope;
- The voter registered after the 29-day cut-off;
- The ballot is not signed;
- There is insufficient or illegible information;
- The signature on the ballot does not match the voter’s signature;
- The ballot contains the wrong party;
- The ballot is from outside the jurisdiction;
- A voter challenge is upheld;
- The voter voted in the wrong precinct;
- The voter voted and returned an early ballot;
- The voter did not provide proper identification by the deadline of five business days after a general election or three business days after any other election;
- There is an administrative error; or
- The voter is not eligible.
- See also: Election administration in Arkansas
Voters in Arkansas may cast provisional ballots under the following circumstances:[13]
- (1) If the voter's name is not on the precinct voter registration list,
- (2) If the voter is not able to meet identification requirements, or
- (3) If the voter's eligibility is challenged by a poll watcher.
If a voter is not on the precinct voter registration list, a provisional ballot is counted when:[14][15]
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1. It is cast by a registered voter and is the correct ballot, according to the precinct listed on the voter's eligibility affirmation, for the precinct of the voter's residence; and
2. The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.[16]
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If a voter does not provide identification, a provisional ballot is counted when:
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1. The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card that complies with the requirements of Arkansas Constitution, Amendment 51, § 13; and
2. The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.[16]
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- See also: Election administration in California
Voters in California are given provisional ballots under the following circumstances:[17]
- If the voter’s name is not on the official voter registration list at the polling place and the voter thinks that he or she is registered to vote, the voter has the right to cast a provisional ballot.
- If a voter who requested to vote by mail but chooses to vote at his or her polling place, the voter has the right to cast a provisional ballot. The voter may only cast a provisional ballot if he or she "did not receive the ballot or do not have their ballot with them (and the elections official is unable to verify that they have not returned their vote-by-mail ballot)."[17]
Provisional ballots are counted "after elections officials have confirmed that you are registered to vote in that county and you did not already vote in that election." Provisional ballots are rejected when the signature on the ballot does not match the voter registration signature.
[17][4]
- See also: Election administration in Colorado
Voters in Colorado are given provisional ballots under the following circumstances.[18]
1) If the voter’s "eligibility to vote is not immediately established on Election Day," the voter has the right to cast a provisional ballot.
2) If the "statewide voter registration system shows that the voter already voted in the election," the voter has the right to cast a provisional ballot.
3) If the "voter did not present an approved form of identification when required," the voter has the right to cast a provisional ballot.
In each of the above circumstances, the voter must "complete a provisional ballot affidavit that includes a voter registration form."
A provisional ballot is counted if the voter completes the provisional ballot affidavit and the voter’s eligibility is confirmed by an election official.
A provisional ballot is rejected in the following circumstances:[18]
- If the voter votes in the wrong county and chooses "to vote a provisional ballot rather than vote in the correct county";
- If the voter’s eligibility to vote cannot be verified; and
- If the voter cast two ballots in the same election.
According to the Colorado Secretary of State’s website, "Provisional ballots are verified and counted after regular ballots. Counting is completed no later than 9 days after a primary, general, odd-year, or coordinated election. The Secretary of State may also designate an alternate period of time if it is deemed necessary."[18]
After casting a provisional ballot, the voter is given a receipt that explains how the voter can determine the status of his or her provisional ballot.
[18]
- See also: Election administration in Connecticut
Voters in Connecticut are given provisional ballots under the following circumstances.[19]
1) If the voter’s "name does not appear on the official registry list for the polling place," the voter has the right to cast a provisional ballot.
2) If the registrars determine a voter's name "cannot be restored to the voting list under section 9-42 or transferred from another polling place under section 9-35 of the Connecticut general statutes," the voter has the right to cast a provisional ballot.
3) If the voter’s eligibility to vote is challenged by an election official, the voter has the right to cast a provisional ballot.
4) If a first-time voter is unable to provide proper identification, the voter has the right to cast a provisional ballot.
5) If the voter votes "after the polls close in an election for federal office as a result of a federal or state court order, or any other order extending the time established for closing the polls by a state law in effect 10 days before the date of that election," the voter has the right to cast a provisional ballot.
In each of the above circumstances, the voter must complete a "written affirmation at the polling place affirming that you are qualified to vote in the election or primary for federal office in the polling place; and you have neither offered yourself to vote nor voted in person or by absentee/mail-in ballot at said election or primary for federal office at the polling place."[19]
If the voter is not registered in the proper precinct when the ballot is cast, the voter’s provisional ballot is rejected.
[4]
- See also: Election administration in Delaware
Provisional ballots are only used for federal offices in Delaware. They cannot be used for school board or municipal elections unless "specifically authorized in Title 14, Title 15 and/or the respective town or city charter."[20]
Voters in Delaware are given provisional ballots under the following circumstances:[21]
1) If the voter’s "name does not appear on the official poll list," the voter has the right to cast a provisional ballot. The voter must be registered in the election district and be eligible to vote in a federal election.
2) "If a Federal or State court order extends the time established for closing the polls, votes cast after the normal poll closing time will all be by Provisional Ballot."
In each of the above circumstances, the voter must "provide proof of identity and address to vote on a Provisional Ballot. Acceptable forms of identification are a current, valid photo ID, copy of current utility bill, bank statement, government check, paycheck or other government document that shows your name and address."[21]
If the Delaware Department of Elections determines that the voter is eligible to vote in the election, then the ballot will be counted.
A provisional ballot is rejected in the following circumstances:[4][20]
- If the provisional ballot is missing any of the following information: full name, complete address, political party affiliation (primary elections only), and date of birth;
- If the voter is unable to provide acceptable identification; or
- If the voter is not registered to vote in the state or the election district in which the ballot is cast.
- See also: Election administration in Florida
Voters in Florida are given provisional ballots under the following circumstances:[22]
1) If the voter does not have the proper identification, the voter has the right to cast a provisional ballot.
2) If the voter’s eligibility to vote is challenged by an election official, the voter has the right to cast a provisional ballot.
3) If the voter's eligibility cannot be determined, the voter has the right to cast a provisional ballot.
After voting by provisional ballot, the voter is given a written notice of rights, which includes instructions on how to find out if a provisional ballot was counted, and if not, why.[22][23]
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not registered; or
- If the voter is not entitled to vote at the precinct where they cast a vote.
- See also: Election administration in Georgia
Voters in Georgia are given provisional ballots under the following circumstances.[24][25]
1) If the voter does not have the proper identification, the voter has the right to cast a provisional ballot.
2) If the voter registered to vote by mail and did not provide any identification at the time and is unable to do so the first time the voter votes in person, the voter has the right to cast a provisional ballot.
3) If the voter’s name does not appear on the list of registered voters in the precinct, the voter has the right to cast a provisional ballot. If the voter is registered in the same county but appears at the wrong precinct during the period between 5:00 p.m. and the close of polls, the voter must "execute a sworn statement, witnessed by the poll official, stating that he or she is unable to vote at his or her correct polling place prior to the closing of the polls and giving the reason therefor" before voting a provisional ballot.
4) If a polling place is kept open after 7:00 p.m. because of a court order, "all voters who vote after the normal closing time for the polling place shall vote by provisional ballot."[24]
A provisional ballot is accepted in the following circumstances:[24]
- If the voter provided proper identification three days after the close of the polls to the county registrar office, the vote will count.
- If a provisional ballot is cast because the voter’s name did not appear on the list of registered voters in the precinct, the county registrar has up to three days after the election to determine if the person was properly registered to vote in that election. If the voter is properly registered, the vote will count.[24]
- If the voter voted in the wrong precinct, only the votes for candidates for which a person is entitled to vote will be counted.[24]
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not registered to vote;
- If the voter is ineligible to vote for some reason; and
- If the registrar is "unable to determine within three days following the election whether the voter was registered or eligible to vote."[4]
- See also: Election administration in Hawaii
Voters in Hawaii are given provisional ballots under the following circumstances.[26]
1) If the "[v]oter’s name does not appear on the official list of registered voters," the voter has the right to cast a provisional ballot.
2) If "[a]n election official asserts that the voter is not eligible to vote," the voter has the right to cast a provisional ballot.
3) "A fail-safe voter is a person who is a first-time voter who has mailed the voter registration application and has not provided the required HAVA identification either at the time of registration, at the polling place, or when returning a voted absentee ballot. In such a situation, the voter is able to submit a provisional ballot."
In each of the above circumstances, the voter must complete a written affirmation stating that the voter is "a registered voter in the jurisdiction in which the individual desires to vote" and "eligible to vote in that election."[26]
According to the Hawaii Office of Elections’ website, before a provisional ballot is counted "[c]ounty election officials must first determine if the voter is eligible to vote and whether their ballot will be counted. The voter will be able to verify if the ballot did or did not count, and the reason why it was not counted by calling their County Elections Division or through the Office of Elections website."[26]
A provisional ballot is rejected in the following circumstances:[27]
- If any part of the provisional ballot application form or affirmation statement is incomplete or inaccurate; or
- If the county clerk determines that the voter is ineligible to vote in the precinct where the provisional ballot was cast.
- See also: Election administration in Illinois
Voters in Illinois are given provisional ballots under the following circumstances. [28]
1) If the "[v]oter’s name does not appear on the official list of registered voters eligible voters for the precinct in which the person seeks to vote and the person has refused an opportunity to register," the voter has the right to cast a provisional ballot.
2) If the "voter’s voting status has been challenged and a majority of the judges uphold the challenge," the voter has the right to cast a provisional ballot.
3) If the "voter did not provide identification when registering by mail and still cannot provide ID on Election Day," the voter has the right to cast a provisional ballot.
4) If "[a] court order extends the time for closing the polls, and the voter votes during this extended time period," the voter has the right to cast a provisional ballot.
5) If the "voter's name appears on the list of voters who voted during the early voting period, but the voter claims not to have voted during the early voting period," the voter has the right to cast a provisional ballot.
6) If the "voter admits receiving a vote by mail ballot, but failed to return it to the election authority (or election judges)," the voter has the right to cast a provisional ballot.
7) If the "voter attempted to register to vote on Election Day, but failed to provide the necessary documentation," the voter has the right to cast a provisional ballot.
According to the Illinois State Board of Elections, the "election authority has 14 days (after the election) to determine voter eligibility, and thus if the ballot should be counted."[28]
A provisional ballot is rejected in the following circumstances:[4]
- If "[i]nformation available to the election authority from five specifically-identified sources opposes registration status. If a conflict exists among the information available, the election authority shall make a determination by a totality of the circumstances;"
- If "[t]he affidavit executed by the voter fails to contain the voter’s first and last name, house number and street name and signature or mark;"
- If the voter voted by mail; or
- If the "voter does not provide the election authority with the necessary registration documentation (ID) within 7 days of the election."
- See also: Election administration in Indiana
Voters in Indiana are given provisional ballots under the following circumstances:[29]
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(1) You lack the requisite photo identification.
(2) Your name appears on the poll list, but you have been challenged as not eligible to vote at the precinct for some other reason sworn to in writing by the person who challenges your eligibility to vote.
(3) An order has been issued by a court extending the hours that the polls must remain open.[16]
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Provisional ballots will be counted no later than 3 p.m. 10 days after election day. County election boards are required to provide a toll-free telephone number or website that indicates whether the provisional ballot was accepted or rejected, according to the Indiana Election Administrator’s Manual.[30][31]
A provisional ballot is rejected in the following circumstances:[4]
- If the provisional voter affidavit has not been properly executed;
- If the voter is not qualified to vote in the precinct;
- If the voter failed to provide photo identification;
- If the voter failed to register at a registration agency during the registration period; or
- If the poll clerks’ initials do not appear on the ballot.
- See also: Election administration in Iowa
Voters in Iowa are given provisional ballots under the following circumstances.[32]
(1) If a voter’s name is not on the list of registered voters, the voter has the right to cast a provisional ballot.
(2) If a voter’s qualifications to vote are challenged, and the voter cannot prove that he or she is eligible to vote, the voter has the right to cast a provisional ballot.
(3) If a voter requested an absentee/mail-in ballot, but then wants to vote at the polls and did not surrender the absentee ballot at the polls, the voter has the right to cast a provisional ballot.
(4) If a voter does not have the required identification, the voter has the right to cast a provisional ballot.[4]
Voters who cast a provisional ballot have the right to present evidence indicating that they are eligible to vote to precinct election officials or the county auditor's office by a deadline specified on the provisional ballot envelope.[32]
A provisional ballot is rejected in the following circumstances:[4]
- If the voter did not provide proper identification;
- If the voter was not registered in the precinct on election day;
- If the voter returned an absentee/mail-in ballot that was counted;
- If the voter is not qualified to vote; or
- If the voter is "inactive/pending and has not provided ID as required by the time the board meets to consider provisional and challenged absentee/mail-in ballots."
- See also: Election administration in Kansas
Voters in Kansas are given provisional ballots under the following circumstances.[33]
(1) If the voter changes his or her name or address and does not re-register to vote with the new information, the voter has the right to cast a provisional ballot.
(2) If the voter was already issued a ballot, the voter has the right to cast a provisional ballot.
(3) If the voter does not provide photo identification, the voter has the right to cast a provisional ballot.
A provisional ballot is rejected if the voter fails to provide the necessary information requested by the election officer or if the information is inconsistent with what is on the voter registration list.[4]
Those who voted by provisional ballot because they did not present the required ID "may submit a valid photographic identification document by mail, in person, or by electronic means to the county election office in the county where the voter is registered to vote" before the board of canvassers convenes.
[34]
- See also: Election administration in Kentucky
Voters in Kentucky are given provisional ballots under the following circumstances.[35]
(1) If the voter’s "name does not appear on the precinct roster and whose registration status cannot be determined by the precinct officer," the voter has the right to cast a provisional ballot.
(2) If the voter’s "name does not appear on the precinct roster and who has been verified as ineligible to vote," the voter has the right to cast a provisional ballot.
(3) If the "voter is voting as a result of a Federal or State Court Order or any Order under state law in effect 10 days prior to election day which extends polling hours," the voter has the right to cast a provisional ballot.
(4) If the voter does not provide photo identification, the voter has the right to cast a provisional ballot.
(5) If the voter’s eligibility "has been challenged by all four precinct election officers," the voter has the right to cast a provisional ballot.
A provisional ballot is rejected if the voter is ineligible to vote in the precinct in the election.
[4]
- See also: Election administration in Louisiana
Voters in Louisiana are given provisional ballots under the following circumstances.[36]
(1) If the voter wants to vote in the parish where he or she is registered to vote but is at the wrong precinct, the voter has the right to cast a provisional ballot for federal offices only after certifying in writing on the ballot that they are eligible to vote.
(2) If the voter wants to vote in a precinct that is not in the parish where he or she is registered to vote, the voter has the right to cast a provisional ballot for federal offices only after certifying in writing on the ballot that they are eligible to vote.
(3) If the voter is not registered to vote in Louisiana, the voter has the right to cast a provisional ballot for federal offices only after certifying in writing on the ballot that they are eligible to vote.
The voter "will not be permitted to vote on the voting machine for state, local or municipal offices; propositions; or state constitutional amendments."
[36]
- See also: Election administration in Maine
Voters in Maine are given provisional ballots if a voter’s eligibility to vote is challenged.[37]
"All challenged ballots are initially counted in the same manner as regular ballots. No further determination is made on the challenge unless a recount occurs and it is determined that the challenged ballot could affect the outcome of the election. Therefore, all challenged ballots cast in districts where no recounts occur will have been counted. If one of the candidates in an election or one side of a referendum question, requests a recount and there are enough challenged ballots to affect the outcome of the election, then the challenged ballots in that district will be segregated, and the basis for each challenge may be determined by the appropriate authority designated by statute or by state or federal constitution," according to the secretary of state’s website.
[37]
- See also: Election administration in Maryland
Voters in Maryland are given provisional ballots under the following circumstances.[38]
(1) If the voter is not listed as registered to vote, the voter has the right to cast a provisional ballot.
(2) If the voter has moved but did not update his or her address for voting and tried to vote at their old address, the voter has the right to cast a provisional ballot.
(3) If the voter states that he or she has not yet voted in the election, but the state voter database shows that the voter received an absentee/mail-in ballot for the election or already voted in the election, the voter has the right to cast a provisional ballot.
(4) If, during early voting, the voter tried to register to vote or change his or her address, but the voter’s eligibility was not determined at that time, the voter has the right to cast a provisional ballot.
(5) If a voter did not provide proof of residence, the voter has a right to cast a provisional ballot.
(6) If the voter does not show proper identification, the voter has the right to cast a provisional ballot.
(7) If the voter did not provide his or her driver's license number or the last four digits of his or her social security number on the voter registration form or election officials are unable to verify the number provided, the voter has the right to cast a provisional ballot.
(8) If a voter’s right to vote is challenged, the voter has the right to cast a provisional ballot.
(9) If a court orders a polling place to stay open late, the voter has the right to cast a provisional ballot.
"If the local board of elections determines that the provisional voter is registered and eligible to vote in Maryland and vote a provisional ballot, the ballot will be counted," according to the Maryland State Board of Elections' website.[38]
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not qualified to vote;
- If the voter failed to sign the oath on the provisional ballot application;
- If the voter cast more than one ballot for the same election;
- If "[t]he local board determines that a provisional ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot"; or
- If "the intent of the voter with respect to a particular contest is not clearly demonstrated, the local board shall reject only the vote for that contest."
- See also: Election administration in Massachusetts
Voters in Massachusetts are given provisional ballots under the following circumstances.[39]
(1) If the voter’s name does not appear on the list at the polling place, the voter has the right to cast a provisional ballot.
(2) If in a party primary, the voter believes he or she is incorrectly listed as belonging to a certain party, the voter has the right to cast a provisional ballot.[40]
(3) If the voter does not show proper identification the first time he or she is voting, the voter has the right to cast a provisional ballot.
- See also: Election administration in Michigan
Voters in Michigan are given provisional ballots under the following circumstances.[41]
(1) If the voter’s name does not appear on the list at the polling place, the voter has the right to cast a provisional ballot.[42]
(2) If the voter is at the wrong polling location, the voter has the right to cast a provisional ballot.
(3) If the voter is voting for the first time and is unable to provide a valid form of identification, the voter has the right to cast a provisional ballot.
"If election officials can verify that a voter is registered to vote in the appropriate jurisdiction, the provisional ballot will count," according to the Michigan Department of State Bureau of Elections.[41]
A provisional ballot is rejected if the voter is not registered to vote or failed to provide proper identification and proof of residency.
Voters have until six calendar days after the election to provide appropriate identification documentation to the city or township clerk.
[41]
- See also: Election administration in Mississippi
Voters in Mississippi are given affidavit ballots under the following circumstances.[43][44]
(1) If the voter is unable to provide a valid form of photo identification, the voter has the right to cast an affidavit ballot.
- "A voter casting an affidavit ballot because he/she did not present an acceptable form of photo ID based upon a religious objection may not have his/her ballot rejected for this reason if he/she completes an Affidavit of Religious Objection in the Circuit or Municipal Clerk’s Office within five business days after Election Day," according to the Mississippi Voter Information Guide.
- "A voter casting an affidavit ballot because he/she did not present an acceptable form of photo ID may not have his/her ballot rejected for this reason if he/she presents an acceptable form of photo ID in the Circuit or Municipal Clerk’s Office within five business days after Election Day," according to the Mississippi Voter Information Guide.
(2) If the voter is not registered to vote because they "may have been illegally denied registration," the voter has the right to cast an affidavit ballot.
(3) If the voter’s name does not appear in the poll book, the voter has the right to cast an affidavit ballot.
(4) If the voter does not "qualify under state of federal law to cast a regular election Day Ballot," the voter has the right to cast an affidavit ballot.
For the affidavit ballot to be counted, the voter must either provide the proper ID, apply for a Mississippi Voter ID Card, or submit a religious exemption form within five business days after the election.[45][46]
A provisional, or affidavit ballot is rejected in the following circumstances:[4]
- If the voter is not registered to vote;
- If the voter is registered but voted in the wrong precinct;
- If the voter failed to provide proper identification within five business days of the election; or
- If the voter did not complete the Affidavit of Religious Objection in the circuit or municipal clerk’s office within five business days of the election.
- See also: Election administration in Missouri
Voters in Missouri are given provisional ballots under the following circumstances:[47][48][49]
- If the voter is unable to provide a valid form of identification, the voter has the right to cast a provisional ballot.
- If the voter’s name does not appear in the poll book, the voter has the right to cast a provisional ballot.
According to Missouri’s election rules, the following procedure is used to determine the validity of provisional ballots:
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The election authority shall examine its records and verify that the provisional voter is duly registered and qualified to vote in the election. If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the election authority shall make an inquiry of the registration agency to determine whether the provisional voter is duly registered and qualified to vote in the election.[49][16]
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A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not registered to vote;
- If the voter voted in the wrong precinct; or
- If the voter is not eligible to vote.
- See also: Election administration in Montana
Voters in Montana are given provisional ballots under the following circumstances.[50]
- If the returned absentee ballot is not signed or the signature does not match the signature on file, the voter has the right to cast a provisional ballot.
- "Absentee ballots become provisional ballots if they have no signature or the signature does not match and the signature issue is not resolved in time for counting on Election Day."
- If the voter wants to vote in person, "but the register indicates s/he has an active absentee ballot," the voter has the right to cast a provisional ballot.
- "If the register indicates the elector has an accepted ballot, they should not vote a provisional ballot at the polls unless the voter affirms in writing that the voter did not vote the accepted ballot."
- If the voter is late-registering and "votes at the election office on Election Day and is a transfer registrant (precinct to precinct or county to county)," the voter has the right to cast a provisional ballot.
- If the voter is "late-registering at the election office and their Montana driver's license number or last 4 digits of the SSN did not verify through MT Votes Voter Verify after exhausting all of the search options available," the voter has the right to cast a provisional ballot.
- If the voter is provisionally registered, the voter has the right to cast a provisional ballot.
- If the voter is unable to provide a valid form of identification, the voter has the right to cast a provisional ballot.
- If the voter’s name does not appear on the voter registration list, the voter has the right to cast a provisional ballot.
- If the voter’s right to vote is challenged, the voter has the right to cast a provisional ballot.
- If there are technical problems, the voter has the right to cast a provisional ballot.
According to Montana state law, "To verify eligibility to vote, a provisionally registered individual who casts a provisional ballot has until 5:00 p.m. on the day after the election to provide valid identification or eligibility information either in person, by facsimile, by electronic means, or by mail postmarked no later than the day after the election."[51]
A provisional ballot is rejected when election officials are unable to verify the voter’s identity or eligibility to vote.
[4]
- See also: Election administration in Nebraska
Voters in Nebraska are given provisional ballots under the following circumstances.[52]
(1) If the voter’s name "does not appear on the precinct list of registered voters at the polling place for the precinct in which he or she resides," the voter has the right to cast a provisional ballot.
(2) If the voter’s "name appears on the precinct list of registered voters at the polling place for the precinct in which he or she resides at a different residence address," the voter has the right to cast a provisional ballot.
(3) If the voter’s "name appears with a notation that he or she received a ballot for early voting," the voter has the right to cast a provisional ballot.
(4) If the voter’s "name appears on the precinct list of registered voters for the polling place with a notation that the voter is required to present identification pursuant to section 32-318.01 but fails to present identification," the voter has the right to cast a provisional ballot.
A provisional ballot is accepted in the following circumstances:[53]
- If "the voter was properly registered in the county before the deadline for registration for the election";
- If "[t]he voter has resided in the county continuously since registering to vote in the county";
- If "[t]he voter has not voted anywhere else in the county or has not otherwise voted early using a ballot for early voting";
- If the voter has completed a registration application prior to voting and the voter’s residence is located within the precinct in which the person voted; and
- If "[t]he certification on the front of the envelope or form attached to the envelope is in the proper form and signed by the voter."
A provisional ballot is rejected in the following circumstances:[53]
- If "the voter was not properly registered in the county before the deadline for registration for the election";
- If "the voter has resided, registered, or voted in any other county or state since registering to vote in the county in which he or she cast the provisional ballot";
- If "the voter has voted elsewhere or has otherwise voted early";
- If "[t]he voter failed to complete and sign a registration application";
- If the voter voted in the wrong precinct;
- "If the voter is voting in a primary election, the party affiliation on the registration application completed prior to voting the provisional ballot is different than the party affiliation that appears on the voter's voter registration record based on his or her previous registration application"; or
- "The voter failed to complete and sign the certification on the envelope or form attached to the envelope."
- See also: Election administration in Nevada
Voters in Nevada are given provisional ballots under the following circumstances.[20][54]
- If the voter’s name does not appear on the voter registration list, the voter has the right to cast a provisional ballot.
- If it is the voter’s first time voting in a federal election and is unable to provide proper identification, the voter has the right to cast a provisional ballot.
- If the voter "[d]eclares that he or she is entitled to vote after the polling place would normally close as a result of a court order or other order extending the time established for the closing of polls pursuant to a law of this State in effect 10 days before the date of the election," the voter has the right to cast a provisional ballot.
A provisional ballot is rejected if the voter cast the wrong ballot for his or her residence.
[4]
- See also: Election administration in New Jersey
Voters in New Jersey are given provisional ballots under the following circumstances.[56]
(1) If the voter is "a registered voter in the County who moved within the County and did not notify the County Commissioner of Registration before election day of your current address," the voter has the right to cast a provisional ballot.
(2) If the voter’s registration is not complete in the poll book, the voter has the right to cast a provisional ballot.
(3) If the voter is "an Active Need ID voter who has not provided identification information," the voter has the right to cast a provisional ballot.
(4) If the poll book shows that the voter applied for a mail-in ballot, but the voter did not apply for one, did not receive one, or did not return it, the voter has the right to cast a provisional ballot.
A provisional ballot is rejected in the following circumstances:[4]
- If the voter already cast a provisional ballot; or
- If the voter’s "name, signature, or address does not match the voter registration record and cannot be verified."
- See also: Election administration in New Mexico
Voters in New Mexico are given provisional ballots under the following circumstances.[57]
(1) If the voter’s name does not appear in the poll book, the voter has the right to cast a provisional ballot.
(2) If the voter is voting for the first time and is unable to provide identification, the voter has the right to cast a provisional ballot.
A provisional ballot is rejected in the following circumstances:[4]
- If the ballot does not have a signature;
- If the voter is not registered;
- If the voter is registered in a different county; or
- If the voter already cast an absentee ballot.
- See also: Election administration in New York
Voters in New York are given affidavit ballots under the following circumstances.[58]
(1) If the voter has been issued an absentee, military or special ballot, but wishes to vote in person during early voting or on election day, the voter may vote by affidavit ballot.
(2) If the voter is voting for the first time and is unable to provide identification, the voter has the right to cast an affidavit ballot.
(3) If the voter’s name does not appear in the poll book, the voter has the right to cast an affidavit ballot.
(4) If in a primary election, the voter is listed as being a member of one party but wishes to vote as a member of a different party, the voter has the right to cast an affidavit ballot.
When "research at the county board supports the claim the voter makes in their oath on the ballot envelope, the ballot will be counted. If research proves otherwise, the ballot is not counted. Provisional ballots cast by voters who were in the correct poll site but at the wrong voter sign-in table, will be counted, however only those contests and questions which the two different districts had in common will be counted," according to the National Conference of State Legislatures.
[4]
- See also: Election administration in North Carolina
Voters in North Carolina are given provisional ballots under the following circumstances.[59]
(1) If the "voter’s record of registration cannot be found in the voter registration list at the time the voter presents to vote," the voter has the right to cast a provisional ballot.
(2) If the voter moved and his or her address is different from the one listed on the voter registration list "and the voter indicates that the move to the new address occurred 30 or more days before Election Day," the voter has the right to cast a provisional ballot.
(3) If the voter’s registration was cancelled, the voter has the right to cast a provisional ballot.
(4) If the voter does not have the proper form of identification, the voter has the right to cast a provisional ballot.
(5) If an election official cannot locate a voter's address, the voter has the right to cast a provisional ballot.
(6) If the voter is at the wrong precinct, the voter has the right to cast a provisional ballot.
(7) If "[d]uring a partisan primary, a voter insists upon voting a ballot for a party other than the party of the voter's affiliated party," the voter has the right to cast a provisional ballot.
(8) If the voter has already cast a ballot in the election, the voter has the right to cast a provisional ballot.
(9) If the voter "presents to vote and has no eligible ballot style or the voter requests to vote for an election contest that is not in the voter's assigned voting district based on his or her legal voting residence," the voter has the right to cast a provisional ballot.
(10) If "[t]he hours for voting are extended by the State Board of Elections or a court order," the voter has the right to cast a provisional ballot.
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not eligible to vote;
- If the voter is not registered in the county; or
- If the voter did not vote in the correct precinct.
- See also: Election administration in North Dakota
Voters in North Dakota are given provisional ballots if a court order is issued to extend polling hours or if they are unable to provide proper identification.[60][61][4] North Dakota refers to provisional ballots as set-aside ballots.
The voter must present a driver’s license, non-driver ID, tribal ID or documentation, or long-term care certificate within 13 days of the election for their set-aside ballot to be counted. A voter can present their updated ID in person or electronically.
[60]
- See also: Election administration in Ohio
Voters in Ohio are given provisional ballots under the following circumstances.[62]
(1) If the voter’s name does not appear on the poll list for that precinct or an election official asserts a voter is ineligible to vote or is unable to determine his or her eligibility, the voter has the right to cast a provisional ballot.
(2) If the voter does not have the proper form of photo identification, the voter has the right to cast a provisional ballot.
(3) If the voter’s name appears on the official poll list as having requested an absentee ballot, the voter has the right to cast a provisional ballot.
(4) If the voter "is marked on the poll list or signature book with a notation that certain registration mailings have been returned as undeliverable", the voter has the right to cast a provisional ballot.
(5) If the voter’s "registration has been challenged and/or a hearing on a challenge to your eligibility as an elector has been postponed until after Election Day", the voter has the right to cast a provisional ballot.
(6) If the voter’s signature does not match the signature on the registration form, the voter has the right to cast a provisional ballot.
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not registered;
- If the voter was not eligible to vote in that precinct or for that election;
- If the voter did not provide the required information;
- If the voter already voted;
- If the voter failed to provide any additional information required within the curing period (4 days after the election);
- If the voter did not provide proper identification;
- If the voter’s information does not match the information in the voter registration database; or
- If the voter's date of birth is different from the date of birth in the voter’s registration.
- See also: Election administration in Oklahoma
Voters in Oklahoma are given provisional ballots under the following circumstances:[63]
(1) If the voter does not have or does not provide an acceptable proof of identity, the voter is entitled to cast a provisional ballot.
(2) If the voter's name is not listed in the Precinct Registry, the voter is entitled to cast a provisional ballot.
(3) If the voter disputes the political affiliation, school district, or municipality listed in the Precinct Registry, the voter is entitled to cast a provisional ballot.
(4) If the voter is a uniformed services or overseas voter and meets the criteria listed here, the voter is entitled to cast a provisional ballot.
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not registered to vote in the county;
- If the voter voted in the incorrect precinct;
- If the voter’s identity cannot be verified;
- If the voter did not change his or her party affiliation before the stated deadline;
- If the "US/OV voter does not provide an address of residence within the county or the address provided is located in another precinct."
In cases where a voter casts a provisional ballot due to not having the proper identification, the voter is asked to fill out and sign an affidavit verifying their identity. After the election, county officials investigate the information provided on the affidavit when determining whether to count the ballot.
[64]
- See also: Election administration in Oregon
Voters in Oregon are given provisional ballots if a voter's eligibility cannot be determined. Voters must go to their county elections office in person and request a provisional ballot.[65]
A provisional ballot is counted in the following circumstances:[66]
- If the voter is registered to vote and cast the ballot correctly;
- If the "county clerk determines the registration of the elector is considered active or inactive"; and
- If the voter is "qualified to vote for the particular office or on the measure."
- See also: Election administration in Pennsylvania
Voters in Pennsylvania are given provisional ballots under the following circumstances:[67]
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- Your name was not in the poll book or supplemental poll book.
- For example, you reported to the wrong precinct; or
- You did not report a recent change in residence to the county election office.
- You are required to show ID, but cannot show ID.
- Your eligibility was challenged by an election official.
- You were issued an absentee or mail-in ballot but believe you did not successfully vote that ballot, and you do not surrender your ballot and outer return envelope at the polling place to be spoiled.
- You returned a completed absentee or mail‐in ballot that was rejected, or you believe will be rejected, by the county board of elections and you believe you are eligible to vote.
- There is a special court order with respect to your registration status.
- There is a special court order related to extending the hours of voting.
- You believe that you are registered in a political party, but your voter record indicates otherwise (for primary elections only).[16]
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Pennsylvania's provisional ballot procedures state: "If the board of elections determines that the elector has knowingly voted in an improper election district, the board of elections may declare the ballot to be invalid. However, absent a determination of willfulness by the elector, the board should dispose of the provisional ballot as a ballot cast in the proper county but at an improper election district and count the ballot as to those offices for which, and questions on which, the elector was qualified to vote."
[4]
- See also: Election administration in Rhode Island
Voters in Rhode Island are given provisional ballots under the following circumstances.[68]
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- Category 1 - The individual declares that he/she is a registered voter in the precinct but is informed by an election official on election day that the individual's name does not appear on the official list of registered voters for the precinct or ... that the individual's name is listed in another precinct of the city/town. Except voters who file voter affirmation forms under R.I. Gen. Laws § 17-9.1-16.
- Category 2 - The official list of registered voters indicates the voter has applied for a mail/emergency ballot; or
- Category 3 - An election official asserts that the individual is not eligible to vote (including partisan and non-partisan primaries); or
- Category 4 - The individual is unable to provide the required voter identification at the time of voting.[68][16]
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Voters who cast a provisional ballot have until 4 p.m. on the day following the election to provide the local board of canvassers with information to help qualify their ballot.[69]
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not registered or voted in the wrong congressional district;
- If the voter’s signature does not match the signature of the voter’s registration form; or
- If the voter also cast a mail ballot, emergency ballot, or military ballot in the same election.
- See also: Election administration in South Carolina
Voters in South Carolina are given provisional ballots under the following circumstances. South Carolina refers to provisional voting as failsafe voting.[70][4]
- If the voter moves from one precinct to another within the same county, the voter has the right to cast a failsafe ballot.
- If the voter moves from one South Carolina county to another within 30 days of an election, the voter has the right to cast a failsafe ballot.
- If the voter is unable to obtain a photo ID. A voter who presents their non-photo voter registration card and signs an affidavit stating they have a reasonable impediment to obtaining a photo ID is allowed to vote a provisional ballot. The ballot will count "unless someone proves to the county board of voter registration and elections that you are lying about your identity or having the listed impediment."[70]
According to the South Carolina Election Commission, there are two methods for failsafe voting:[71]
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- Vote at the polling place in your previous precinct using a failsafe provisional ballot. A failsafe provisional ballot contains only federal, statewide, countywide, and municipality-wide offices.
- Go to the voter registration office in the county in which you currently reside, change your address, and vote a regular ballot there.[16]
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A provisional ballot is rejected when the voter votes in the wrong precinct, according to the National Conference of State Legislatures.
[4]
- See also: Election administration in South Dakota
Voters in South Dakota are given provisional ballots under the following circumstances:
(1) If the voter "swears that he or she is registered to vote in that precinct but whose name does not appear on the voter registration list for that precinct," the voter has the right to cast a provisional ballot.[72]
(2) If the voter’s identity cannot be proven, the voter has the right to cast a provisional ballot.[73]
(3) If the voter’s eligibility to vote is challenged, the voter has the right to cast a provisional ballot.[74]
A provisional ballot is rejected if the voter is not registered to vote.
[4]
- See also: Election administration in Tennessee
Voters in Tennessee are given provisional ballots under the following circumstances.[75]
(1) If the voter’s "eligibility cannot be determined by the computer signature list or by examination of the permanent registration records on file with the county election commission," or "an election official asserts that the individual is not eligible to vote," the voter has the right to cast a provisional ballot.
(2) If the voter has requested an absentee ballot but arrives to vote at the polls, the voter has the right to cast a provisional ballot.
(3) If the voter is unable to present proper identification, the voter has the right to cast a provisional ballot.
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not registered to vote in the precinct in which the voter voted; or
- If the voter already voted in a different precinct.
- See also: Election administration in Texas
Voters in Texas are given provisional ballots under the following circumstances.[47]
(1) If the voter’s registration cannot be verified by the polling place officials, the voter has the right to cast a provisional ballot.
(2) If the voter is unable to present proper identification, the voter has the right to cast a provisional ballot.
According to the Texas Secretary of State:[47]
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The provisional voting process involves an affidavit that (1) the voter must complete stating the reasons he or she is qualified to vote; and (2) is used if the voter’s registration cannot be verified by the polling place election officials OR if a voter (a) does not possess one of the acceptable forms of photo identification listed above, and a voter can reasonably obtain one of these forms of identification or (b) possesses, but did not bring to the polling place, one of the seven forms of acceptable photo identification listed above, or (c) does not possess one of the seven forms of acceptable photo identification, could otherwise not reasonably obtain one, but did not bring a supporting form of identification to the polling place.
The provisional voting process requires the voter to visit the voter registrar’s office within six (6) calendar days of the date of the election to either present one of the above seven (7) acceptable forms of photo ID OR if the voter does not possess, and cannot reasonably obtain an acceptable form of photo identification, execute a Reasonable Impediment Declaration and present one of the acceptable forms of supporting ID, OR, if applicable, submit one of the temporary affidavits (e.g., religious objection or natural disaster) OR, if applicable, qualify for a permanent disability exemption, in order for the provisional ballot to count.[16]
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A provisional ballot is counted in the following circumstances:[4]
- If the voter is "eligible to vote in the election and has not previously voted in that election"; or
- If the voter provides proper identification, signs an affidavit stating a religious objection to being photographed, or signs an affidavit stating "the voter does not have any identification as a result of a natural disaster that was declared by the president of the United States or the governor, occurred not earlier than 45 days before the date the ballot was cast"; and
- The voter has not been challenged for any other reason
- See also: Election administration in Utah
According to state law, voters in Utah may register to vote and vote using a provisional ballot on election day or during early voting if:[76][77]
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(a) the individual is otherwise legally entitled to vote the ballot;
(b) the ballot is identical to the ballot for the precinct in which the individual resides;
(c) the information on the provisional ballot form is complete; and
(d) the individual provides valid voter identification and proof of residence to the poll worker.[16]
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Before counting a provisional ballot, election officials verify that the voter is eligible to register to vote and that they are legally entitled to vote the ballot.[77]
A provisional ballot is counted if the county clerk "verifies the individual's identity and residence through some other means as reliable as photo identification" or the voter "provides valid voter identification to the county clerk or an election officer who is administering the election by the close of normal office hours on Monday after the date of the election."
[78]
- See also: Election administration in Vermont
According to the secretary of state's website, "Use of provisional ballots in Vermont is very rare. ... It is only used if a person demanding to vote at the polling place is not on the checklist and the voter cannot affirm they registered to vote by the deadline."[79]
A provisional ballot is counted if the clerk determines that the voter is a United States citizen, resident of Vermont, has taken the voter's oath, and is at least 18 years old.
[4]
- See also: Election administration in Virginia
Voters in Virginia are given provisional ballots under the following circumstances:[80][70][81]
(1) If the voter does not have the proper identification, the voter has the right to cast a provisional ballot.
(2) If the election officers are unable to find the voter’s name in the poll book, the voter has the right to cast a provisional ballot.
(3) If there is any question regarding the voter’s eligibility to vote, the voter has the right to cast a provisional ballot.
(4) If a court order extends the hours at a polling place, any voter who was not in line when the polls normally close must vote by provisional ballot.
(5) If the voter appears on the absentee ballot list and appears at their regular polling place or central absentee precinct, the voter has the right to cast a provisional ballot if the absentee ballot was not returned.
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After completing the provisional ballot, the individual voting will be given written instructions from the election officials on how to submit a copy of his/her identification or sign and submit an ID Confirmation Statement so that his/her vote can be counted.
A voter will have until noon on the Friday following the election to deliver a copy of the identification or sign and submit an ID Confirmation Statement to the local electoral board. Voters may submit a copy of their ID of ID Confirmation Statement via fax, email, in-person submission, or through USPS or commercial delivery service. Please note that the copy of the ID or signed ID Confirmation Statement must be delivered to the electoral board by noon on the Friday following the election, or the provisional ballot cannot be counted. A Friday postmark will not be sufficient if either of these are not delivered to the electoral board by noon on Friday.[80][16]
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A provisional ballot is rejected in the following circumstances:[4]
- The voter is not eligible to vote in the precinct;
- Elections officials are unable to determine the voter’s right to vote; or
- The voter fails to submit an acceptable ID.
- See also: Election administration in Washington
Voters in Washington are given provisional ballots if the voter is unable to present the proper identification.[82][83]
According to the secretary of state's website, "Washington provides in person same-day registration services at county elections offices and provisional ballots are not common. A provisional ballot is a ballot issued to a person seeking to vote who might otherwise be denied the opportunity to vote a regular ballot. Provisional ballots are researched to confirm the voter’s registration before the ballot is counted."[83]
A provisional ballot is rejected in the following circumstances:[4]
- If the voter is not registered to vote;
- If the voter already voted a regular ballot; or
- If the "[s]ignature on provisional ballot envelope does not match the voter registration record and/or they do not present a proper ID."
- See also: Election administration in West Virginia
Voters in West Virginia are given provisional ballots under the following circumstances:[84]
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- Voter is on early voting/absentee voters list
- Voter is not in the poll book
- Signature of the voter does not match signature in the computerized poll book
- Voter asked for assistance & doesn’t need assistance
- A poll worker is voting, but is not working in their home precinct
- The poll book indicates next to the voter’s name that the voter “Needs to show ID,” but the voter does not have the proper form of ID
- Voter doesn’t have 1 of the 18 forms of acceptable Voter ID, and the voter does not fall under any of the exceptions.[16]
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According to West Virginia Code:[85]
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Provisional ballots may not be counted by the election officials. The county commission shall, on its own motion, at the time of canvassing of the election returns, sit in session to determine the validity of any challenges according to the provisions of this chapter. If the county commission determines that the challenges are unfounded, each provisional ballot of each challenged voter, if otherwise valid, shall be counted and tallied together with the regular ballots cast in the election. The county commission, as the board of canvassers, shall protect the privacy of each provisional ballot cast. The county commission shall disregard technical errors, omissions or oversights if it can reasonably be ascertained that the challenged voter was entitled to vote.[16]
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- See also: Election administration in Wisconsin
Voters in Wisconsin are given provisional ballots under the following circumstances.[86]
(1) If a voter who "has been issued a current and valid Wisconsin driver license or identification card number registers to vote at a polling place on Election Day, but is unable or unwilling to list the number on the registration," the voter has the right to cast a provisional ballot.
(2) If the voter is unwilling or unable to provide proper identification, the voter has the right to cast a provisional ballot.
A provisional ballot is rejected "unless the voter provides the required information to the poll workers by 8:00 p.m. on Election Day or the municipal clerk by 4:00 p.m. of the Friday following the election," according to the Wisconsin Elections Commission.
[86]
- See also: Election administration in Wyoming
Voters in Wyoming are given provisional ballots under the following circumstances.[87]
(1) If the voter attempts to register to vote on election day and the voter does not have the proof required to vote, the voter has the right to cast a provisional ballot.
- The voter has until the close of business on the day following the election to present documentation to the county clerk establishing their eligibility to register and to vote in the precinct.[88]
(2) If the voter has registered by mail and is voting in their first Wyoming federal election but does not have the required identification, the voter has the right to cast a provisional ballot
- The voter has until the close of business on the day following the election to present documentation to the county clerk establishing their eligibility to register and to vote in the precinct.[89]
(3) If a voter’s eligibility to vote is challenged and they can not provide the required proof of identity, the voter has the right to cast a provisional ballot.[90]
(4) If the polls are kept open later because of a court order, the voter has the right to cast a provisional ballot.
A provisional ballot is rejected if "[t]he voter is not on the registration rolls and is registering for the first time on Election Day but did not present documentation at the polls or by close of business on the following day."
[4] See also
- ↑ MIT Election Data + Science Lab, "Provisional ballots," accessed November 4, 2025
- ↑ The Council of State Governments, "Provisional Ballots MythBusters," accessed October 31, 2025
- ↑ Election Assistance Commission, "Election Administration and Voting Survey 2024 Comprehensive Report," accessed November 4, 2025
- ↑ 4.00 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 4.37 4.38 National Conference of State Legislatures, "Provisional Ballots," April 16, 2025 Cite error: Invalid
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- ↑ North Carolina State Board of Elections, "North Carolina Station Guide," accessed November 4, 2025
- ↑ Virginia Department of Elections, "The Handbook: Chapter 13 Provisional Ballots," accessed November 4, 2025
- ↑ Carroll County Georgia, "FAQs," accessed November 4, 2025
- ↑ Justia, "Alabama Code § 17-10-2," accessed October 3, 2025
- ↑ 9.0 9.1 City of Wasilla, "Questioned Voting -- What to Expect," accessed October 3, 2025
- ↑ According to Section 15.15.198 of state law, a voter whose registration is inactive will have their questioned ballot counted if "the person was registered to vote in the last four calendar years," "the person signs a statement to that effect," and "the earlier registration is verified by the director."
- ↑ 11.0 11.1 11.2 11.3 11.4 Arizona State Legislature, "Arizona Revised Statutes 16-584," accessed November 4, 2025
- ↑ Arizona Secretary of State, "Election Day Operation," accessed November 4, 2025
- ↑ Arkansas Secretary of State, "Voting in Arkansas," accessed July 29, 2024
- ↑ AR Bureau of Legislative Services, "7-5-308. Provisional ballot procedure," accessed July 29, 2024
- ↑ Arkansas Advocate, "Arkansas Supreme Court overturns ruling challenging state election laws," May 16, 2024
- ↑ 16.00 16.01 16.02 16.03 16.04 16.05 16.06 16.07 16.08 16.09 16.10 16.11 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 17.0 17.1 17.2 California Secretary of State, "Provisional Voting," accessed October 29, 2025
- ↑ 18.0 18.1 18.2 18.3 Colorado Secretary of State, "Provisional Ballots FAQs," accessed October 6, 2025
- ↑ 19.0 19.1 Ct.gov, "Provisional Ballot," accessed October 6, 2025
- ↑ 20.0 20.1 20.2 Delaware.gov, "§ 4948 Provisional ballots," accessed October 28, 2025 Cite error: Invalid
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- ↑ 21.0 21.1 Delaware Department of Elections', "Provisional Ballots," accessed October 28, 2025 Cite error: Invalid
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- ↑ 22.0 22.1 Florida Division of Elections, "FAQ - Voting," accessed October 6, 2025
- ↑ Walton County Supervisor of Elections, "Provisional Ballots," accessed October 6, 2025
- ↑ 24.0 24.1 24.2 24.3 24.4 Georgia Secretary of State, "Provisional Ballot Voting Guide," accessed October 6, 2025
- ↑ LexisNexis, "O.C.G.A. § 21-2-418," accessed October 6, 2025
- ↑ 26.0 26.1 26.2 Hawaii Office of Elections, "Provisional Voting," accessed October 6, 2025
- ↑ Hawaii Office of Elections, "Hawaii Administrative Rules §3-172-140," accessed October 6, 2025
- ↑ 28.0 28.1 Illinois Office of Elections, "Provisional Voting," accessed October 6, 2025
- ↑ Indiana Secretary of State, "Provisional Ballots," accessed October 6, 2025
- ↑ Indiana General Assembly, "Indiana Code § 3-11.7-5-1," accessed October 6, 2025
- ↑ Indiana Secretary of State, "Election Administrator’s Manual," accessed October 6, 2025
- ↑ 32.0 32.1 Iowa Secretary of State, "Election Day FAQ," accessed October 6, 2025
- ↑ Kansas Secretary of State, "Guide to Provisional Voting," accessed October 15, 2025
- ↑ Kansas Secretary of State, "Regulations: Section 7-46-1 - Postelection submission of photographic identification by provisional voter," accessed October 15, 2025
- ↑ Kentucky State Board of Elections, "Voter Rights," accessed October 6, 2025
- ↑ 36.0 36.1 Louisiana Secretary of State, "Vote Provisionally," accessed October 6, 2025
- ↑ 37.0 37.1 Maine Department of the Secretary of State, "Voter Information," accessed October 6, 2025
- ↑ 38.0 38.1 Maryland State Board of Elections, "Provisional Voting," accessed October 7, 2025
- ↑ Massachusetts Secretary of State, "Provisional Ballots," accessed October 7, 2025
- ↑ According to state law, members of political parties may not vote in the primary of a different party.
- ↑ 41.0 41.1 41.2 Michigan Department of State Bureau of Elections, "What if I’m issued a provisional ballot?" accessed October 7, 2025
- ↑ "Before completing the provisional balloting process, a voter whose name does not appear on the registration list should consider instead re-registering at the clerk’s office on Election Day," according to the Michigan Department of State Bureau of Elections. The voter can go to the clerk’s office and provide proof of residency in order to cast a regular ballot.
- ↑ Mississippi Secretary of State, "Voter Information Guide," accessed September 17, 2025
- ↑ LexisNexis, "Miss. Code Ann. § 23–15–573," accessed October 7, 2025
- ↑ Mississippi Secretary of State, "How to get a MS Voter ID Card." accessed October 7, 2025
- ↑ Mississippi Secretary of State, "Need a ride?" accessed September 17, 2025
- ↑ 47.0 47.1 47.2 Missouri Secretary of State, "Vote: Frequently Asked Questions," accessed November 4, 2025 Cite error: Invalid
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- ↑ Missouri Secretary of State, "Vote: How to Vote," accessed November 4, 2025
- ↑ 49.0 49.1 Missouri Secretary of State, "Rules of Elected Officials Division 30-Secretary of State, Chapter 8-Provisional Voting Procedures," accessed November 4, 2025
- ↑ Montana Secretary of State, "Reasons to Issue a Provisional Ballot," accessed October 7, 2025
- ↑ Montana Code Annotated 2023, "Section 13-15-107," accessed October 7, 2025
- ↑ Nebraska Statutes, "32-915. Provisional ballot; conditions; certification." accessed October 27, 2025
- ↑ 53.0 53.1 Nebraska Statutes, "32-1002," accessed October 27, 2025
- ↑ Nevada Legislature, "Nev. Rev. Stat. § 293.3085," accessed September 18, 2025
- ↑ New Hampshire Public Radio, "NH Sec. of State orders use of affidavit ballots on Election Day, despite law’s conflicting dates," October 9, 2024
- ↑ New Jersey Division of Elections, "Provisional Ballot Affirmation Statements," accessed October 7, 2025
- ↑ New Mexico Secretary of State, "Provisional Voting," accessed October 8, 2025
- ↑ New York State Senate, “Consolidated Laws, Chapter 17 Section 8-302,” accessed October 8, 2025
- ↑ North Carolina State Board of Elections, "Provisional Voting in North Carolina," accessed October 8, 2025
- ↑ 60.0 60.1 North Dakota Secretary of State, "Forms of Voter ID," accessed November 7, 2025
- ↑ North Dakota Legislative Assembly, "N.D. Cent. Code § 16.1-13-34," accessed November 7, 2025 accessed October 8, 2025
- ↑ Ohio Secretary of State, "Provisional Voting," accessed October 8, 2025
- ↑ Legal Information Institute, "Okla. Admin. Code § 230:35-9-7 - Voters who may cast a provisional ballot," accessed October 31, 2025
- ↑ Oklahoma State Election Board, "Facts about Proof of Identity for Voting in Oklahoma," accessed October 31, 2025
- ↑ Oregon Secretary of State, "Frequently Asked Questions," accessed October 8, 2025
- ↑ National Conference of State Legislatures, "Provisional Ballots," accessed October 8, 2025
- ↑ Votes PA, "Voting by Provisional Ballot," accessed October 8, 2025
- ↑ 68.0 68.1 State of Rhode Island Board of Elections, "Provisional Ballot," accessed October 29, 2025
- ↑ State of Rhode Island Board of Elections, "Provisional Ballot," accessed October 29, 2025
- ↑ 70.0 70.1 70.2 Virginia Department of Elections, "Election and Voter FAQ," accessed October 9, 2025
- ↑ Cite error: Invalid
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- ↑ South Dakota Secretary of State, "Help America Vote Act (HAVA)," accessed October 30, 2025
- ↑ South Dakota Legislature Legislative Research Council, "S.D. Codified Laws Ann. § 12-18-6.3," accessed October 30, 2025
- ↑ South Dakota Legislature Legislative Research Council, "S.D. Codified Laws Ann. §12-18-39," accessed October 30, 2025
- ↑ LexisNexis, "Tenn. Code Ann. § 2-7-112," accessed October 8, 2025
- ↑ Utah State Legislature, "Utah Code § 20A-6-105. Provisional ballot envelopes." accessed October 9, 2025
- ↑ 77.0 77.1 Utah State Legislature, "Utah Code § 20A-2-207. Registration by provisional ballot." accessed October 9, 2025
- ↑ Utah State Legislature, "Utah Code § 20A-4-107. Review and disposition of provisional ballot envelopes." accessed October 9, 2025
- ↑ Vermont Secretary of State, "Election Day FAQs," accessed October 9, 2025
- ↑ 80.0 80.1 Virginia Department of Elections, "In-Person Voting," accessed October 9, 2025
- ↑ Virginia Department of Elections, "The Handbook: Chapter 13, Provisional Ballots," accessed November 4, 2025
- ↑ Washington State Legislature, "RCW 29A.40.160," accessed October 9, 2025
- ↑ 83.0 83.1 Washington Secretary of State, “Frequently Asked Questions on Voting by Mail,” accessed November 6, 2025
- ↑ West Virginia Secretary of State, "Provisional & Spoiled Ballot Outline," accessed October 9, 2025
- ↑ West Virginia State Legislature, "WV §3-1-41 Code," accessed October 9, 2025
- ↑ 86.0 86.1 Wisconsin Elections Commission, "Provisional Voting," accessed October 9, 2025
- ↑ Wyoming Secretary of State, "Wyoming Secretary of State Rules for Using Provisional Ballots," accessed October 9, 2025
- ↑ Wyoming Secretary of State, "Voter ID brochure," accessed October 9, 2025
- ↑ Wyoming Legislature, "22-2-119. Qualified elector may vote; acceptable identification requirement; provisional ballots," accessed October 9, 2025
- ↑ Wyoming Legislature, "22-3-118. Proof of identity," accessed October 9, 2025
