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USAFacts
USAFacts

Provisional ballot definition

When a person’s eligibility to vote can’t be confirmed at the polling place, that person can cast a provisional ballot. Election officials set these votes aside and count them only after they verify the voters’ eligibility.

The Help America Vote Act of 2002 requires every state to offer provisional ballots in federal elections.

Why would someone cast a provisional ballot?

Under federal law, a voter can cast a provisional ballot when their name is missing from the voter list or when an election official says they are not eligible. A court can also order provisional voting when it extends polling hours.

States add their own reasons for allowing a voter to cast a provisional ballot. Common reasons include:

  • Lacking a required ID
  • Voting at the wrong precinct
  • Registering to vote on election day
  • Failing to update an address or name changeRequesting a mail ballot but then voting in person

Are provisional ballots counted?

A provisional ballot counts only if officials confirm the voter was eligible. After Election Day, they review each ballot under federal and state rules. If the voter was eligible, the ballot is counted. If not, it’s rejected.

The number of provisional ballots in each state varies, because each state sets its own verification rules. The Election Assistance Commission tracks how many provisional ballots are cast and counted after each federal election.

How can you check if your provisional ballot counted?

Federal law requires every state to give provisional voters a free way to check their ballot's status, either via a toll-free phone number or a website. They tell the voter whether their ballot was counted and, if not, the reason it was rejected.

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