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Provisional ballot laws by state

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A provisional ballot is a type of ballot that is not immediately counted. Election officials set provisional ballots aside and review them after an election. If officials confirm a voter is eligible, has provided the required identification, or meets other requirements, they will count the provisional ballot as a regular vote. In some cases, provisional ballots are counted only for 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

    Beyond the Headlines - Title Banner.png
    Staff Writer Samuel Wonacott provides a quick overview of provisional balloting laws and procedures
    View other episodes here.

    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

    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]

    Method of how ballots were cast by state

    See also: Voting policies in the United States

    The following table shows how many ballots were cast by specific methods (by mail, early in-person voting, etc.) according to the Election Assistance Commission's 2024 report on U.S. election administration, which can be found here.

    Method of how ballots were cast by state, 2024
    StateMail ballots countedIn-person Election Day votesIn-person early votesProvisional voters
    Alabama126,018N/A[90]N/A[90]N/A[90]
    Alaska48,744175,54192,28114,786
    Arizona2,816,885496,753349,12915,699
    Arkansas24,552294,235810,7141,389
    California13,062,3181,836,518878,489289,935
    Colorado2,957,550141,556109,209205
    Connecticut127,354N/A715,27536
    Delaware33,659268,718210,29514
    D.C.168,11182,39672,91493
    Florida2,947,3712,596,7615,364,8216,168
    Georgia268,7511,239,1253,768,3953,718
    Hawaii483,078039,1580
    Idaho179,777508,734225,973N/A[90]
    Illinois1,022,2562,666,1852,001,2038,316
    Indiana1,603,8151,372,5081,397,3451,939
    Iowa220,041N/A[90]N/A[90]749
    Kansas149,350604,319557,90627,441
    Kentucky116,3241,267,653687,057194
    Louisiana119,7061,047,445849,784535
    Maine215,242463,500157,116N/A
    Maryland744,2441,145,134974,945145,763
    Massachusetts1,173,1121,713,191600,2251,797
    Michigan2,017,7042,453,2521,214,40910
    Minnesota446,5761,960,360850,705N/A[90]
    MississippiN/A1,010,752N/A[90]14,685
    Missouri178,5262,067,247867,9365,534
    Montana430,159N/A[90]N/A[90]N/A[90]
    Nebraska307,135564,66080,30410,651
    Nevada656,140247,291543,46128,242
    New Hampshire92,945730,27300
    New Jersey828,200N/A[90]N/A[90]116,528
    New Mexico111,527252,629556,3951,597
    New York836,9874,320,4672,986,704194,588
    North Carolina298,2691,175,9054,224,90924,989
    North Dakota89,429181,99899,007N/A[90]
    Ohio1,058,4003,130,2401,536,604104,848
    Oklahoma98,5481,174,876294,0371,598
    Oregon2,253,114N/A[90]N/A[90]52
    Pennsylvania1,933,1025,043,808N/A[90]69,506
    Rhode Island51,995290,699173,5472,514
    South Carolina98,782977,3411,476,8434,517
    South Dakota151,762273,6480201
    Tennessee86,904856,4912,132,5353,139
    Texas384,2212,329,1718,703,18120,511
    Utah1,239,070104,35036,38141,114
    Vermont240,375122,3862,6310
    Virginia474,3322,053,9051,840,239111,390
    Washington3,890,945N/A[90]17112
    West Virginia22,377431,925310,3052,905
    Wisconsin572,4341,870,285977,64857
    Wyoming38,217154,57976,94363
    Total47,496,43351,698,81048,847,1291,278,028

    See also

    Footnotes

    1. MIT Election Data + Science Lab, "Provisional ballots," accessed November 4, 2025
    2. The Council of State Governments, "Provisional Ballots MythBusters," accessed October 31, 2025
    3. Election Assistance Commission, "Election Administration and Voting Survey 2024 Comprehensive Report," accessed November 4, 2025
    4. 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 <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncslprov" defined multiple times with different content
    5. North Carolina State Board of Elections, "North Carolina Station Guide," accessed November 4, 2025
    6. Virginia Department of Elections, "The Handbook: Chapter 13 Provisional Ballots," accessed November 4, 2025
    7. Carroll County Georgia, "FAQs," accessed November 4, 2025
    8. The Alabama Legislature, "Ala. Code § 17-10-2," accessed November 24, 2025
    9. 9.0 9.1 City of Wasilla, "Questioned Voting -- What to Expect," accessed November 25, 2025
    10. 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. 11.0 11.1 11.2 11.3 11.4 Arizona Legislature, "Ariz. Rev. Stat. Ann. § 16-584," accessed November 25, 2025
    12. Arizona Secretary of State, "Election Day Operation," accessed November 25, 2025
    13. Arkansas Secretary of State, "Voting in Arkansas," accessed November 19, 2025
    14. LexisNexis, "Ark. Stat Ann. § 7-5-308," accessed November 19, 2025
    15. Arkansas Advocate, "Arkansas Supreme Court overturns ruling challenging state election laws," May 16, 2024
    16. 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. 17.0 17.1 17.2 California Secretary of State, "Provisional Voting," accessed October 29, 2025
    18. 18.0 18.1 18.2 18.3 Colorado Secretary of State, "Provisional Ballots FAQs," accessed October 6, 2025
    19. 19.0 19.1 Ct.gov, "Provisional Ballot," accessed October 6, 2025
    20. 20.0 20.1 20.2 Delaware.gov, "§ 4948 Provisional ballots," accessed October 28, 2025 Cite error: Invalid <ref> tag; name "provis" defined multiple times with different content
    21. 21.0 21.1 Delaware Department of Elections', "Provisional Ballots," accessed October 28, 2025 Cite error: Invalid <ref> tag; name "depv" defined multiple times with different content
    22. 22.0 22.1 Florida Division of Elections, "FAQ - Voting," accessed November 26, 2025
    23. Walton County Supervisor of Elections, "Provisional Ballots," accessed November 26, 2025
    24. 24.0 24.1 24.2 24.3 24.4 Georgia Secretary of State, "Provisional Ballot Voting Guide," accessed October 6, 2025
    25. LexisNexis, "O.C.G.A. § 21-2-418," accessed October 6, 2025
    26. 26.0 26.1 26.2 Hawaii Office of Elections, "Provisional Voting," accessed October 6, 2025
    27. Hawaii Office of Elections, "Hawaii Administrative Rules §3-172-140," accessed October 6, 2025
    28. 28.0 28.1 Illinois Office of Elections, "Provisional Voting," accessed December 4, 2025
    29. Indiana Secretary of State, "Provisional Ballots," accessed December 5, 2025
    30. Indiana General Assembly, "Ind. Code § 3-11.7-5-1," accessed December 5, 2025
    31. Indiana Secretary of State, "Election Administrator’s Manual," accessed December 5, 2025
    32. 32.0 32.1 Iowa Secretary of State, "Election Day FAQ," accessed October 6, 2025
    33. Kansas Secretary of State, "Guide to Provisional Voting," accessed October 15, 2025
    34. Kansas Secretary of State, "Regulations: Section 7-46-1 - Postelection submission of photographic identification by provisional voter," accessed October 15, 2025
    35. Kentucky State Board of Elections, "Voter Rights," accessed October 6, 2025
    36. 36.0 36.1 Louisiana Secretary of State, "Vote Provisionally," accessed November 12, 2025
    37. 37.0 37.1 Maine Department of the Secretary of State, "Voter Information," accessed October 6, 2025
    38. 38.0 38.1 Maryland State Board of Elections, "Provisional Voting," accessed October 7, 2025
    39. Massachusetts Secretary of State, "Provisional Ballots," accessed December 8, 2025
    40. According to state law, members of political parties may not vote in the primary of a different party.
    41. 41.0 41.1 41.2 Michigan Department of State Bureau of Elections, "What if I’m issued a provisional ballot?" accessed December 9, 2025
    42. Mississippi Secretary of State, "Voter Information Guide," accessed September 17, 2025
    43. 43.0 43.1 LexisNexis, "Miss. Code Ann. § 23–15–573," accessed October 7, 2025 Cite error: Invalid <ref> tag; name "prov" defined multiple times with different content
    44. Mississippi Secretary of State, "How to get a MS Voter ID Card." accessed October 7, 2025
    45. Mississippi Secretary of State, "Need a ride?" accessed September 17, 2025
    46. 46.0 46.1 46.2 Missouri Secretary of State, "Vote: Frequently Asked Questions," accessed November 4, 2025 Cite error: Invalid <ref> tag; name "faq" defined multiple times with different content
    47. Missouri Secretary of State, "Vote: How to Vote," accessed November 4, 2025
    48. 48.0 48.1 Missouri Secretary of State, "Rules of Elected Officials Division 30-Secretary of State, Chapter 8-Provisional Voting Procedures," accessed November 4, 2025
    49. Montana Secretary of State, "Reasons to Issue a Provisional Ballot," accessed October 7, 2025
    50. Montana Code Annotated 2023, "Section 13-15-107," accessed October 7, 2025
    51. Nebraska Statutes, "32-915. Provisional ballot; conditions; certification." accessed October 27, 2025
    52. 52.0 52.1 Nebraska Statutes, "32-1002," accessed October 27, 2025
    53. Nevada Legislature, "Nev. Rev. Stat. § 293.3085," accessed September 18, 2025
    54. New Hampshire Public Radio, "NH Sec. of State orders use of affidavit ballots on Election Day, despite law’s conflicting dates," October 9, 2024
    55. New Mexico Secretary of State, "Provisional Voting," accessed October 8, 2025
    56. The New York State Senate, "N.Y. Election Law § 8-302," accessed December 12, 2025
    57. North Carolina State Board of Elections, "Provisional Voting in North Carolina," accessed December 15, 2025
    58. 58.0 58.1 North Dakota Secretary of State, "Forms of Voter ID," accessed November 7, 2025
    59. North Dakota Legislative Assembly, "N.D. Cent. Code § 16.1-13-34," accessed November 7, 2025 accessed October 8, 2025
    60. Ohio Secretary of State, "Provisional Voting," accessed December 19, 2025
    61. 61.0 61.1 Cite error: Invalid <ref> tag; no text was provided for refs named twoninetythree
    62. Legal Information Institute, "Okla. Admin. Code § 230:35-9-7 - Voters who may cast a provisional ballot," accessed October 31, 2025
    63. Oklahoma State Election Board, "Facts about Proof of Identity for Voting in Oklahoma," accessed October 31, 2025
    64. Oregon Secretary of State, "Frequently Asked Questions," accessed December 3, 2025
    65. National Conference of State Legislatures, "Provisional Ballots," accessed December 3, 2025
    66. Votes PA, "Voting by Provisional Ballot," accessed December 22, 2025
    67. 67.0 67.1 State of Rhode Island Board of Elections, "Provisional Ballot," accessed October 29, 2025
    68. State of Rhode Island Board of Elections, "Provisional Ballot," accessed October 29, 2025
    69. 69.0 69.1 69.2 Virginia Department of Elections, "Election and Voter FAQ," accessed December 23, 2025
    70. Cite error: Invalid <ref> tag; no text was provided for refs named scprovis
    71. South Dakota Secretary of State, "Help America Vote Act (HAVA)," accessed October 30, 2025
    72. South Dakota Legislature Legislative Research Council, "S.D. Codified Laws Ann. § 12-18-6.3," accessed October 30, 2025
    73. South Dakota Legislature Legislative Research Council, "S.D. Codified Laws Ann. §12-18-39," accessed October 30, 2025
    74. LexisNexis, "Tenn. Code Ann. § 2-7-112," accessed October 8, 2025
    75. Utah State Legislature, "Utah Code § 20A-6-105. Provisional ballot envelopes." accessed October 9, 2025
    76. 76.0 76.1 Utah State Legislature, "Utah Code § 20A-2-207. Registration by provisional ballot." accessed October 9, 2025
    77. Utah State Legislature, "Utah Code § 20A-4-107. Review and disposition of provisional ballot envelopes." accessed October 9, 2025
    78. Vermont Secretary of State, "Election Day FAQs," accessed October 9, 2025
    79. 79.0 79.1 Virginia Department of Elections, "In-Person Voting," accessed December 23, 2025
    80. Virginia Department of Elections, "The Handbook: Chapter 13, Provisional Ballots," accessed December 23, 2025
    81. Washington State Legislature, "Wash. Rev. Code § 29A.40.160," accessed December 2, 2025
    82. 82.0 82.1 Washington Secretary of State, “Frequently Asked Questions on Voting by Mail,” accessed November 6, 2025
    83. West Virginia Secretary of State, "Provisional & Spoiled Ballot Outline," accessed October 9, 2025
    84. West Virginia State Legislature, "WV §3-1-41 Code," accessed October 9, 2025
    85. 85.0 85.1 Wisconsin Elections Commission, "Provisional Voting," accessed January 5, 2026
    86. Wyoming Secretary of State, "Wyoming Secretary of State Rules for Using Provisional Ballots," accessed October 9, 2025
    87. Wyoming Secretary of State, "Voter ID brochure," accessed October 9, 2025
    88. Wyoming Legislature, "22-2-119. Qualified elector may vote; acceptable identification requirement; provisional ballots," accessed October 9, 2025
    89. Wyoming Legislature, "22-3-118. Proof of identity," accessed October 9, 2025
    90. 90.00 90.01 90.02 90.03 90.04 90.05 90.06 90.07 90.08 90.09 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 Information not provided in the report.