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Provisional Ballots MythBusters

Dispelling myths surrounding provisional ballots in elections

By Morgan Thomas, Policy Associate

What are Provisional Ballots?

A provisional ballot, also known as a challenge or affidavit ballot, is a fail-safe method for states to ensure that all eligible voters are given the chance to cast a ballot. When an individual’s eligibility to vote is uncertain on Election Day, an election official will ask them to cast a provisional ballot. The provisional ballot is then stored separately from other ballots and only counted once a voter’s eligibility has been verified by election officials.

The Help America Vote Act of 2002, commonly referred to as HAVA, requires states to offer provisional ballots on Election Day. As of February 2024, provisional ballots are offered in every state except Idaho, Minnesota and New Hampshire. However, these three states offer same-day voter registration where a qualified elector can register to vote and cast a ballot on Election Day. This has essentially eliminated a need for provisional ballots in those states.

In 2016, more than 2.4 million provisional ballots were cast nationwide. 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. Confusion surrounding changes in post-election vote tallies spurs misinformation regarding provisional ballots and lead to allegations of voter fraud.

With a rise in misinformation and disinformation surrounding elections, it is critical to address myths and rumors with the facts. Falsehoods regarding the integrity of provisional ballots can undermine elections, lead to lower voter turnout and fuel mistrust in election officials. This article seeks to dispel some of the common myths about the use of provisional ballots in elections.

Rumor: Provisional ballots are only counted if a race is close.

 

Reality: Provisional ballots are counted in every election regardless of the margin of victory.

Validly cast provisional ballots are counted in every election regardless of a candidate’s margin of victory. Under HAVA, states are required to inform voters if their ballot was counted or rejected and why. Although the timeframe for verifying provisional ballots varies by state, all provisional ballots are reviewed and either counted or rejected before the state’s deadline for certifying the results of an election. Provisional ballots are also included in the official tallies of any election recount.  

Rumor: Election officials fail to announce results on election night because they are meddling with the election process.

 

Reality: Election officials may not announce results on election night because absentee and provisional ballots are still being counted in the days following Election Day.

Election officials may be unable to announce election results on election night because provisional and absentee ballots are often still being counted. This process takes time and is intended to ensure that only validly cast ballots are counted. Election results may be delayed not due to any “meddling,” but due to the time it takes for election officials to ensure the results are correct.

Provisional ballots can take multiple days after Election Day to be counted due to the large quantity of provisional ballots cast and the time it takes to verify a voter’s eligibility. In 2020, over 1.3 million provisional ballots were cast nationwide. For each of these ballots, an election worker must verify the identity and eligibility of the voter. Only once this has been done can the ballot be counted and included in the final tally.

Federal law requires most states to allow voters to cast a provisional ballot; however, each state sets its own standards, guidelines and timelines for processing these ballots. In Hawaii, election officials have up to 20 days following an election to process provisional ballots. However, in Alabama, this process must be completed by noon on the seventh day after Election Day. It is not only normal, but administratively necessary, for states to have different timelines for announcing election results.

Regardless of each state’s timeline, finalizing an accurate tally of votes often cannot be done within the confines of election night. Trying to rush this delicate process can lead to inaccurate election results and increase partisan conflict. 

Rumor: Provisional ballots allow ineligible voters to vote.

 

Reality: Provisional ballots are only counted once a voter’s eligibility has been confirmed.

Provisional ballots are not a means for ineligible voters to cast a ballot, but instead ensure that only the ballots of eligible voters are counted. Provisional ballots are only issued if a voter’s eligibility cannot be determined on Election Day. Eligibility criteria are defined in each state’s statutes, along with explicit procedures for verifying an individual’s eligibility.  

In addition to eligibility criteria and verification processes, states specify circumstances under which a voter can cast a provisional ballot. These circumstances include an administrative error in a voter’s registration record and the inability of a voter to verify their identity when they appear to cast a ballot on Election Day, among others. More information regarding why a voter may be issued a provisional ballot can be accessed at Provisional Ballots 101.

All provisional ballots that are cast on Election Day are set aside and individually evaluated to determine whether if the voter in question is eligible to vote in that jurisdiction. Only after it has been determined that the voter was registered or is eligible to be registered in that jurisdiction and has not cast another ballot at another polling place, is the ballot counted. If a voter’s eligibility cannot be determined or the voter is found ineligible to vote in that jurisdiction, the provisional ballot is rejected and the voter is notified. 

Once the voter has been informed that their ballot has been rejected, they have a set amount of time to cure their ballot. Each state has a unique provisional ballot cure process. Generally, a state Canvassing Board, Board of Elections or equivalent will examine the information on the provisional ballot and any evidence presented by the voter, the challenger, or the election official to determine the voter’s eligibility. If the voter’s eligibility cannot be confirmed or the Canvassing Board finds the voter ineligible, the provisional ballot will not be counted. The provisional ballot will only be counted once a voter’s identity has been confirmed and the voter was determined eligible by election officials.

Understanding your state’s election laws and processes is critical to identifying false rumors regarding elections. Be sure to reference your state’s election page for more details on the provisional ballot process, timeline and other voting information. To learn more about the facts behind other election rumors, visit Cybersecurity and Infrastructure Security Agency (CISA) Election Security Rumor vs. Reality.