Provisional Ballots: Your Safety Net for Voting Issues on Election Day

United States citizens over 18 are eligible to vote in elections. You need to register to vote in the state where you live. When it comes time to vote in person, you could experience problems with your voter registration list or lack of identification. You can cast a provisional ballot instead of denying your right to vote. The state will count the provisional ballot after you establish your identity.

Voter registration requirements fall under state law. You have to follow your state’s voting requirements to vote. If you have questions about your voting rights or can’t get a provisional ballot, talk to a local voting civil rights attorney. 

What Is a Provisional Ballot?

A provisional ballot is like a backup ballot when you have problems casting your regular ballot. Some states may refer to this as a challenge or affidavit ballot. Provisional ballots offer a fail-safe to protect your voting rights on Election Day.

If you cannot cast your regular ballot, you can use a provisional ballot as a safety net for the voting process. When election officials verify your voter information, they will count your provisional ballot.

Causes of voting problems include administrative errors, lack of ID, or going to the wrong polling location. Common issues that can arise on Election Day include:

• Going to the wrong precinct
• Recently moved to a new address
• Name change after a marriage or divorce
• Don’t have a driver’s license or photo ID
• Problems with voting equipment
• The state removed eligible voters from the poll books
• Incorrect political party affiliation for some primary elections

A few states are exempt from federal laws requiring provisional ballots. These include states that provide for same-day voter registration. North Dakota is also exempt because it does not require voter registration to cast a ballot.

When Do You Get a Provisional Ballot to Vote?

Voters can get a provisional ballot when they go to their polling place, but there is a problem with the registration record. The Help America Vote Act (HAVA) established the right for voters to cast a provisional ballot if there is a problem at the polling place. Under HAVA, voters can cast a provisional ballot if:

• Election officials cannot verify voter registration status
• The voter may have already cast a ballot (mail ballot or early voting)
• Poll workers challenge their eligibility as a registered voter

If you have a problem on Election Day, go to your polling place help station and ask about getting a provisional ballot. Poll workers should give you a provisional ballot and ballot envelope. Complete the ballot, seal it in the envelope, and return it to the election officials.

Under HAVA, voters may also get a provisional ballot if a judge or the state board of elections extends polling hours. All voters who cast a ballot during the extended voting hours must use provisional ballots.

What Is a Provisional Identification Number?

Election officials give provisional voters a Provisional Identification Number (PIN). You can use this to check your provisional ballot status. This is a way to verify whether your provisional ballot was accepted or rejected.

Are Provisional Ballots Included in the Election Results?

Election officials keep provisional ballots separate from other ballots. If election officials can verify your provisional voter eligibility, their provisional ballot will be counted just like a regular ballot. If election officials cannot verify eligibility, the ballot will be rejected. General election officials must review all provisional ballots.

Can Overseas Citizens Get a Provisional Ballot?

The Federal Voting Assistance Program (FVAP) helps voters who are overseas at the time of the federal election. This includes servicemembers on active duty and U.S. citizens living overseas. Eligible voters outside the country can apply for absentee voting through their state election office.

Voters should receive their ballot with enough time to vote and return it by mail or online. If overseas voters don’t get their ballot, they can use a Federal Write-In Absentee Ballot (FWAB). Voters can print out their FWAB and write in their candidates.

How Can You Check to Make Sure You’re Registered?

Many common problems with voter eligibility can be solved if you register to vote well before the election. You can verify your voter status by contacting your local Secretary of State’s office. You can update your voter registration information if you are not registered or have changed your name or address.

First-time voters in most states must fill out a voter registration form before casting a ballot in general or primary elections. This includes proving your identity with your Social Security number or driver’s license number. If you don’t have a license or Social Security number, refer to your local election officials for help.

Suppose there are questions about your voter eligibility. Vote center workers should give you a provisional ballot. If poll workers deny you your right to vote, talk to a local civil rights attorney for legal advice.