State by State Provisional Ballot Laws

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A provisional ballot is cast by a voter whose eligibility to vote cannot be proven at the polls on Election Day. If, after the election, administrators determine that the voter who cast the provisional ballot was eligible to vote, the ballot will be counted as a regular ballot. Federal law requires most states to provide for a provisional balloting process (states that had enacted same-day voter registration processes as of 1993 were exempted from this requirement). As of October 2020, every state except Idaho, Minnesota, and New Hampshire had established a provisional voting process. Although federal law mandates provisional voting processes, the states themselves define those processes. Consequently, provisional balloting can vary widely from state to state.[1]
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Staff Writer Samuel Wonacott provides a quick overview of provisional balloting laws and procedures. View other episodes here.

Provisional ballot laws by state

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). See below for full details.

States that do not count provisional ballots cast in the wrong precinct

These states do not count provisional ballots that were cast by voters in the incorrect precinct.

States that conduct partial counts of provisional ballots cast in the wrong precinct

These states conduct partial counts of provisional ballots that were cast by voters in the incorrect precinct (i.e., officials count votes only for those races for which the voter would have been eligible had he or she voted in the right precinct). Only Maine, which is not noted in the list below, conducts a full count of provisional ballots cast in the wrong precinct.

States that do not provide for provisional balloting

As of October 2018, Idaho, Minnesota, and New Hampshire did not provide for provisional voting. North Dakota provides for provisional balloting only in the event of a court order extending polling hours.

See also

Footnotes

  1. ↑ National Conference of State Legislatures, "Provisional Ballots," October 15, 2018
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