Let’s Talk About: Provisional Ballots
You might hear someone say that if your name doesn’t appear on the voter registration list you can vote with a provisional ballot - which is fine and good, but what exactly IS a provisional ballot? Let’s start with some basics.
*this is not legal advice, but we wanted to share some general information
What is a provisional ballot?
A provisional ballot ensures that individuals who may face challenges regarding their voting eligibility still have the opportunity to participate in the election process. This mechanism is critical in maintaining the integrity of elections while safeguarding the rights of voters.
When a voter encounters issues such as their name missing from the registration list or lacking proper identification, they can fill out a provisional ballot. This ballot is distinct from regular ballots and is not immediately counted. Election officials will subsequently review the circumstances surrounding the voter's eligibility. Eligibility is determined by the existing registration which may have gotten lost in the shuffle of elections.
If the voter is confirmed eligible, the provisional ballot is included in the final vote count. Conversely, if the eligibility is not verified, the ballot will be excluded from the tally. This process provides a balance between allowing access to voting and ensuring that all votes counted meet the established legal requirements.
Here are some reasons why you might need to cast a provisional ballot:
Your name does not appear on the voter registration list at your polling location.
You do not have the required identification at the time of voting.
You are voting in the wrong precinct or polling place.
Your eligibility to vote has been challenged at the polling station.
There is an issue with your absentee or mail-in ballot, such as it not being recorded as received.
Are provisional ballots available everywhere (in the USA)?
Good news on this! Since the 2002 Help America Vote Act was made law, provisional ballots are available in every state EXCEPT the ones that allow you to register to vote on election day. But even some of those states find provisional ballots to be a useful and necessary tool.
How can I know if my provisional ballot is accepted?
You can track your ballot in most states, find yours HERE.
How often to provisional ballots get accepted?
Pretty often, actually! Check out what this piece on provisional ballots from MIT’s Election Lab says about acceptance rate:
According to the 2022 Election Administration and Voting Survey compiled by the U.S. Election Assistance Commission, approximately 700,000 provisional ballots were issued in the 2022 federal election; approximately 550,000 were counted, at least in part, and approximately 150,000 were rejected. These 700,000 ballots accounted for 0.63% of all votes counted in the 2022 election. The 150,000 rejected provisional ballots amounted to 0.13% of ballots cast.
Why might a provisional ballot be rejected?
Provisional Ballots might be rejected for a number of reasons - not registered by state, wrong jurisdiction, wrong precinct, already voted, insufficient identification. The reasons DO vary state by state, so check out your state HERE.
How Is a Provisional Ballot Investigated?
We’re going to lean on the National Conference of State Legislatures article on provisional ballots for this answer:
Once a provisional ballot is cast, it is stored separately from other ballots and investigated by local election officials. Generally, this process entails verifying the voter’s identity and eligibility to vote, and may require the voter to provide further information. If the identity of the voter and the voter’s eligibility can be established through reviewing the voter rolls or verifying a signature, all or a portion of the ballot will be counted. If their eligibility cannot be established, the ballot will not be counted.
In some states, the voter may be asked to take action after Election Day to have his or her provisional ballot. In these cases, the voter may be required to return to an election office following the election to verify his or her identity and/or eligibility to vote. In most cases, these voters were issued a provisional ballot because they did not present voter identification as required by that state. In Alabama, Arizona, Georgia, Indiana, Kansas, New Hampshire, Ohio, South Carolina, Tennessee, Texas, Virginia and Wisconsin voters have a few days after Election Day to show required identification (see NCSL’s Voter ID Requirements page.)
Occasionally a voter may be asked to return to provide proof of residence, such as a utility bill, or other eligibility verifications depending on the reason for the issuance of the provisional ballot.
When will my provisional ballot be counted?
When provisional ballots are counted varies state by state - check yours HERE.
Do provisional ballots delay election results?
Usually, no. Provisional ballots are usually counted AFTER election results are reported, but can sometimes come in to play when there is a close race. They do not usually slow down election results as election results are often reported before all votes are counted anyway.
How do I ask for a provisional ballot?
Sometimes asking for an accommodation like a provisional ballot can be scary or awkward, but we’ve got you. Know that accessing a provisional ballot is your right, so stand in that confidence and say:
Hello! I am [fill in your reason here: voting at location that isn’t assigned to you (but in state), not showing up on the voter registration roll for some reason, not in possession of proper identification], and I am in need of a provisional ballot. Once I fill that out do I return it to you? Thanks so much.