National Association of Latino Elected and Appointed Officials

A “provisional ballot” can be considered a temporary ballot. Federal law provides for voters whose eligibility is in question to cast a ballot. A provisional ballot is not counted until voter eligibility can be determined by Election officials. Provisional voting was established nationwide by the Help America Vote Act of 2002 (HAVA) This means that no person who says they are registered to vote may be denied their right to vote.

Examples of situations when registered voters might need to cast a provisional ballot include:

Voters who registered to vote and do not appear on the voter roster at the polling place.
Registered voters who are unable to produce identification at the polls.

When should someone cast a provisional ballot?

In many instances voters who have registered to vote do not appear on the voter list handed to their particular polling place on Election Day. This voter should vote provisionally.
A registered voter who is required to present identification at the polls may not have proper identification or they may have left their identification at home. In such cases, poll workers may challenge the individual’s eligibility to vote. A voter who is challenged still has the right to cast a provisional ballot on Election Day.

Who sets the rules for Provisional voting?

While Federal law established the right to vote by provisional ballot, every state has set different rules about how provisional ballots are administered and counted. In some cases states have given the responsibility of administering and counting provisional ballots to local and county election officials.