Provisional Ballots 101

By Morgan Thomas, Policy Associate

What is a Provisional Ballot?

Alas, the time has come for Election Day and the opportunity to cast your ballot at your precinct’s polling place. Most voters will be registered to vote prior to Election Day. However, voters who have yet to register or update their registration must either utilize their state’s same-day voter registration process, cast a provisional ballot, or, in some states, both.

A voter may cast a provisional ballot on Election Day when their eligibility to vote is uncertain or when there are uncertainties surrounding their registration status. A voter who casts a provisional ballot, which is also referred to as affidavit or challenge ballot, must verify their eligibility prior to their ballot being counted. This process is time consuming and entails reviewing voter rolls, verifying the voter’s identity and conducting signature verification, among other investigative procedures. Voters who fail to provide a valid form of identification when casting a provisional ballot may be required to return to their election office with the identification necessary to verify their eligibility.

The timeline for voter eligibility verification varies significantly by state. In some states, the verification process starts the day after Election Day and ends a few days later at a specified time. However, many states offer a range from five to 20 days after Election Day to process provisional ballots. For example, North Carolina begins processing provisional ballots immediately after the polls close on Election Day and continues until they are completed.

Why are Provisional Ballots Issued?

There are several reasons why an eligible voter may need to cast a provisional ballot. Some of the most common reasons for submitting a provisional ballot are:

A voter’s name does not appear on the voter registration list at their precinct.
A voter has already requested an absentee ballot but claims that they have not cast or received it.
A voter’s address or name has changed and has not been updated on their voter registration.
A voter lacks a valid photo identification in states that require one.
A poll watcher challenges a voter’s eligibility.
For primary elections, a voter’s registration does not reflect their correct party affiliation for primary elections.

In some states, provisional ballots are issued as part of the same-day voter registration process. For example, voters in Wisconsin who are not able to provide a valid form of identification when registering to vote on Election Day must cast a provisional ballot. For the provisional ballot to be counted, the voter must provide election officials with the proper identification by 8 p.m. on Election Day. If the voter cannot supply a valid form of identification on Election Day, they have until 4 p.m. on the Friday following Election Day to present this information at the municipal clerk’s office. In some cases, a voter is already registered to vote but arrives on Election Day without proper photo identification.

Similarly, a voter may already be registered to vote prior to Election Day but arrived on Election Day without proper photo identification. In states with similar voting procedures, such as Indiana and Ohio, the voter may need to return to their election office after Election Day to show their required identification before their provisional ballot is counted.

Although provisional ballots are issued to ensure eligible voters receive an equal opportunity to cast their vote, they also provide an additional level of election security. Provisional ballots are only counted once a voter’s eligibility to vote at a specific precinct has been verified by election workers. This prevents voters from attempting to cast more than one ballot in the same election.

Provisional Ballots and the Help America Vote Act of 2002

States were not required to offer provisional ballots until passage of the Help America Vote Act (HAVA). In fact, by 2000, only 17 states and the District of Columbia offered a provisional ballot process. This resulted in many eligible voters being turned away from the polls on Election Day.

Today, HAVA requires most states to offer provisional ballots for voters whose eligibility to vote on Election Day is uncertain. Although provisional ballots must be available in most states under federal law, states have discretion over how and why provisional ballots are used. For example, Maine counts all provisional ballots in the same manner as regular ballots regardless of the precinct in which they are cast unless a recount is requested. In contrast, North Dakota provides a provisional ballot process only if a court order extends polling hours on Election Day or if a voter is unable to present proper identification at their polling place. Given that does not require voter registration, the need to cast a provisional ballot on Election Day is rare.

States that offered same-day voter registration or did not require voter registration when the National Voter Registration Act of 1993 was enacted are exempt from HAVA’s provisional ballot requirements. These states include Minnesota, New Hampshire, North Dakota, Wisconsin and Wyoming. In 2023, New Hampshire became the newest state to implement a provisional ballot process. Currently, Idaho and Minnesota are the only two states that do not have a provisional ballot process. Idaho and Minnesota are the only two states that do not have a provisional ballot process.

Note: This information is current as of February 2024. There is currently pending legislation in Minnesota to allow provisional ballots for voters who register to vote on Election Day.

How are Provisional Ballots Cast?

The process of casting a provisional ballot varies by state. The U.S. Election Assistance Commission has a list of recommendations for how states should implement provisional voting. However, to some degree, the process of casting a provisional ballot is as follows:

1. A voter arrives at their precinct polling place to cast their ballot but their name does not appear on the voter registration list.
2. The voter is then given a provisional ballot to mark their votes. The voter then places their ballot in a secrecy envelope that is kept separately from regular ballots.
3. When the polls close, election officials begin to determine the voter’s eligibility.
4. Once the voter’s eligibility has been verified, the ballot is removed from the secrecy envelope and counted. If the voter was not registered, the ballot remains in the secrecy envelope and is not counted.

Once a voter casts a provisional ballot, they should ensure that their eligibility was verified and that their vote was counted. Under HAVA, states must provide a method for voters to confirm that their vote was counted, and, if it was not counted, inform the voter as to why. Most states use an online tool or a toll-free phone number where voters can check and ensure their ballot is counted.

Can Provisional Ballots Be Rejected?

If a voter finds that their provisional ballot was not counted — meaning that their ballot was rejected — they were likely deemed ineligible to vote. In 2017, the Election Administration and Voting Survey gathered data regarding the usage of provisional ballots nationwide between 2006-16. According to the survey, the most common reasons for provisional ballots to be rejected were:

The voter was not registered.
The voter cast a provisional ballot in the wrong jurisdiction.
The vote was cast in the wrong precinct.
The voter did not have the required form of identification or did not provide the required identification within the specified time frame.
The information provided on the provisional ballot was incomplete, or the envelope was illegible.
The voter had already cast a ballot for that election.
There was no signature on the provisional ballot or the ballot envelope.

The examination body that is responsible for determining eligibility can vary by state. To determine a voter’s eligibility in a specific jurisdiction, a state will use a canvassing board, board of elections, or equivalent body to examine the information on the provisional ballot and any evidence presented with the ballot. If the voter’s eligibility cannot be determined or the voter is found to be ineligible to vote in that jurisdiction, the provisional ballot will not be counted.

If you have questions about your state’s specific provisional ballot cure process and timelines, be sure to visit your state’s elections website.

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