A ballot cast by a voter who, on the day of an election, was not on the list of eligible voters, whose information was incomplete or inaccurate, whose eligibility was challenged by an election official, or who had already received a ballot in the mail and was allowed to vote. These ballots are usually kept separate from other ballots until the voter’s eligibility is determined.Provisional ballots are also referred to as fail-safe ballots.
Provisional Ballots in the States: Section 302 of the Help America Vote Act of 2002 required all states to provide provisional ballots if their name is not listed on the registration list or if their eligibility is challenged by an election official. States who provide same-day registration are exempt from this requirement. State eligibility standards for voting a provisional ballot vary by state, primarily based on residence requirements. For example, in Rhode Island (410-RICR-20-00-13) a voter may cast a provisional ballot in any precinct in the city/town or Congressional district in which they are registered. However, election officials will only count votes for races that the voter would have been eligible had they voted in the right precinct. In contrast, voters in South Carolina(SC Code § 7-13-830 2019) must cast a provisional ballot in the precinct they are eligible to vote in order for it to be counted.
- More information regarding provisional ballots can be found in the U.S. Election Assistance Commission’s Quick Start Management Guide, available at: https://www.eac.gov/sites/default/files/document_library/files/Quick_Start-Provisional_Ballots.pdf.