Provisional Ballots

The Help America Vote Act of 2002, passed after the disputed 2000 election, requires states to offer a provisional ballot to anyone who says they are registered and eligible but whose name is not on the list, or whose eligibility is otherwise questioned. The voter fills out the ballot and signs a statement, and the ballot is sealed in a special envelope instead of being counted right away. Voters who lack required ID or who request a mail ballot but vote in person may also cast one in many states.

After Election Day, officials research each provisional ballot, checking registration records and any ID or documents the voter provides within a set deadline, and count those that qualify. More than a million provisional ballots are cast in a typical presidential election, and most are counted in full or in part. The most common reasons for rejection are that the voter was not registered in the state or voted in the wrong precinct.

Provisional ballots protect voters from mistakes in registration lists, but they can slow final results in close races and are sometimes the focus of disputes. States differ on whether a ballot cast in the wrong precinct counts at all, and voters can usually check online whether their provisional ballot was counted. Election officials advise voters to confirm their registration and polling place before Election Day.