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Can You Get A Provisionial Ballot If You Register Late

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Provisional ballots ensure that voters are not excluded from the voting process due to an authoritative mistake. They provide a fail-safe mechanism for voters who arrive at the polls on Election Day and whose eligibility to vote is uncertain. This webpage provides a general overview of land provisional ballot laws and practices.

Provisional ballots, also known every bit "claiming" or "affidavit" ballots in some states, are required by the federal Help America Vote Act of 2002 (HAVA). When there is doubt about a voter's eligibility—the potential voter'southward proper name is not on the voter rolls, a required identification document isn't available or another result arises—the election official is required to offer the voter a provisional ballot instead of a regular ballot.Standards for handling provisional ballots are determined by state constabulary.

In about all of the states, afterwards being bandage, the provisional ballot is kept separate from other ballots until after the election. A determination is then made as to whether the voter was eligible to vote, and therefore whether the ballot is to be counted. Generally, a board of elections or local ballot officials volition investigate the conditional ballots within days of the ballot. Since this is an additional authoritative footstep, a large number of provisional ballots can increase costs for jurisdictions.

NOTE: Idaho, Minnesota and New Hampshire practise not consequence provisional ballots, therefore, we do not provide data regarding those states beneath. For an explanation of why they do non issue provisional ballots see What states do not use conditional ballots, and why?

This page answers the following questions:

  • What does federal law require regarding provisional ballots?
  • Why are conditional ballots used?
  • What is the legislative function regarding conditional ballots?
  • How is a conditional ballot investigated?
  • Is whatever part of a conditional ballot counted if it is cast in the wrong precinct?
  • What are the reasons for rejecting a conditional ballot?
  • How does a voter notice out if his or her provisional ballot was counted?
  • What fourth dimension is allotted to determine the condition of provisional ballots?
  • Which states do not use provisional ballots, and why?
  • Methodology

What Does Federal Police force Require Regarding Provisional Ballots?

Conditional ballots are mandated past department 15482 of the Aid America Vote Human activity of 2002 (HAVA), but even before HAVA, some states offered "provisional," "challenge" or "affidavit" ballots to ensure that no eligible voters were turned abroad. HAVA exempts only a few states: Idaho, Minnesota, New Hampshire, Due north Dakota, Wisconsin, and Wyoming (see below).

The law states: "If an individual declares that such private is a registered voter in the jurisdiction in which the private desires to vote and that the individual is eligible to vote in an election for Federal office, but the proper noun of the private does not announced on the official list of eligible voters for the polling place or an ballot official asserts that the individual is not eligible to vote, such individual shall exist permitted to cast a provisional ballot…"

HAVA sets out what actions are required of voters and of election officials:

Voters: To employ a conditional ballot, each voter whose eligibility to vote is uncertain must provide a written affidavit, signed in front end of an election official at the polling place, stating that he or she is a registered voter and is eligible to vote in the election.

Election officials: Election officials and poll workers must notify potential voters that they accept a right to use a provisional election, provide the ballot, witness the affirmation, and receive the election for subsequently processing. Additionally, election officials must provide information to the voter on how the process works and how to find out if his or her ballot was cast—and if non, why not.

Why Are Provisional Ballots Issued?

For a voter to cast a conditional ballot, in that location must be some question every bit to his or her eligibility to vote. These questions vary across states. The most common reasons, as identified past the EAC, are:

  • The voter's name is not on the poll or registration list.
  • The voter'southward eligibility cannot exist otherwise established.
  • The voter's identity and/or eligibility to vote has been challenged by a poll-worker or election official.
  • The voter does non have identification equally required by that state.
  • The voter requested an absentee election simply claims he or she either didn't receive it or didn't cast it.
  • The voter's address or proper name has changed just their voter registration information does not reflect the change.
  • For primaries, the voter registration reflects an fault in political party list.

Most states have additional reasons specific to those states. In addition, HAVA requires all states to issue conditional ballots if the polling place hours are extended by court order.

Below is a chart of the well-nigh common reasons voters may need to bandage a provisional ballot and the states that volition permit a voter to cast a conditional ballot in those instances.

Mutual Reasons Voters May Need to Cast a Conditional Ballot
Reason States
Voter eligibility cannot be immediately established—i.east., proper name is non on registration list 46 states, plus D.C.: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Commune of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Isle, South Carolina, S Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
The voter's eligibility is challenged by a poll watcher 27 states, plus D.C.: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Commune of Columbia, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Montana, Nevada, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, West Virginia, Wyoming
Voter did non nowadays ID as required by the state 36 states, plus D.C.:  Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin
Voter requested an absentee ballot and has not cast information technology xvi states, plus D.C.: Alabama, Arizona, Arkansas, California, District of Columbia, Illinois, Kansas, Maryland, Montana, Nebraska, Nevada, New Bailiwick of jersey, Ohio, Rhode Island, Texas, Virginia, Washington
Registration reflects an error in political party listing (master election only) Nine states, plus D.C.: District of Columbia, Maine, Maryland, Massachusetts, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Westward Virginia
Accost and/or name has changed Nine states, plus D.C.: Alaska, Arizona, California, District of Columbia, Florida, Maryland, Mississippi, New Jersey, Ohio, Texas

What Is the Legislative Role Regarding Provisional Ballots?

Considering it takes longer to procedure conditional ballots than regular ballots, legislators and administrators may want to reduce the utilise of provisional ballots. The availability of provisional ballots is mandated by federal constabulary—the Help America Vote Human activity of 2002—merely state laws decide how and why provisional ballots are used. They may also want to make procedures for the use of provisional ballots uniform throughout their state. Here are issues relating to conditional ballots that legislators may address:

  • Same-Mean solar day Registration. In some states that offer same-day registration, they may implement information technology past requiring the use of provisional ballots for Election Solar day registrants. In these cases, voters tin indeed register and vote at the same time, but if they cannot immediately provide the required identification and proof of residency, their ballots are not counted until their eligibility is determined. (Other states may provide same day registration through other mechanisms). Montana uses provisional ballots for this purpose and OK Southward 314, from 2015, would have created same day registration through the use of provisional ballots.
  • Voter ID.  Many states who take strict voter ID requirements ask voters who do non provide the appropriate ID at the fourth dimension of voting to cast a provisional ballot. Voters have the opportunity to show ID within a few days of the ballot, and if non, the provisional ballot is not counted.
  • Voted the Incorrect Election. In states where several precincts may be housed in one polling place, information technology is not uncommon for a voter to become in the incorrect line. In this case, the voter is offered the opportunity to either get in the right line for the correct ballot, or exist issued a provisional ballot that would be partially counted. This is chosen the "right church, wrong pew" situation. In Ohio, in 2014 SB 216  was enacted to set procedures for these cases that let a portion of the ballot to be counted. In 2020, Virginia passed HB 43, which immune voters in split districts who believed they received the incorrect election to vote provisional ballots for both districts; after the voter's commune is confirmed, only the voted ballot for that district volition be counted.
  • Issued an Absentee Ballot. In many states, voters who have been issued an absentee ballot are non able to vote on Ballot Day even if they haven't cast the absentee ballot. States can permit voters who say this is the case to vote on Election Day on a provisional election; that style, if the original absentee ballot does become submitted, the provisional election will not exist counted. For case, RI S 639, from 2015, would permit voters to vote on a provisional ballot even if they had requested an absentee ballot.
  • Proper noun Not on the Voter List. Ane of the well-nigh common reasons provisional ballots are issued is that the voter's proper noun does not announced on the voter list, even if the voter says he or she has registered.  In 2015, TX H 2987, which failed, proposed giving each new registrant a receipt saying they had applied to register. If the proper name is not on the voter list, the receipt could be fastened to a provisional ballot, thus proving the voter had done their part by registering.
  • Voting Outside Ane's Precinct. In some states, provisional ballots tin exist used by voters who are voting outside their own jurisdiction. Country law governs whether these ballots will be rejected, or whether the portion of the ballot the voters were eligible to vote will be counted. In 2013, Illinois and Utah passed legislation to count partial ballots. Also in 2013, Due north Carolina enacted HB 589, which clarified that provisional ballots bandage in the wrong precinct will non be counted.
  • Uniform Time Frames. States can create uniform time periods for handling conditional ballots. Illinois' HB 2418, enacted in 2013, requires election officials to transmit data about provisional ballots bandage to the country board within two agenda days of the election, and increases from 2 to seven days the time flow during which a provisional voter may submit additional information to election government. Also in 2013, Texas established a time frame for counting provisional ballots.
  • Uniform Procedures: States can as well establish statewide procedures for counting provisional ballots.  In 2013, Virginia addressed two procedural problems. With HB 63, information technology established who can be present when provisional ballots are counted, and with HB 2143, the land now requires that conditional ballots be "promptly" put in the ballot box.

How Is a Provisional Ballot Investigated?

One time a provisional ballot is cast, it is stored separately from other ballots and investigated by local election officials. Generally, this process entails verifying the voter's identity and eligibility to vote, and may crave the voter to provide further information. If the identity of the voter and the voter'southward eligibility tin be established through reviewing the voter rolls or verifying a signature, all or a portion of the election will exist counted (come across beneath). If their eligibility cannot be established, the ballot volition non exist counted.

In some states, the voter may exist asked to take action after Ballot Mean solar day to have his or her provisional ballot.  In these cases, the voter may exist required to return to an election office post-obit the election to verify his or her identity and/or eligibility to vote. In most cases, these voters were issued a provisional ballot considering they did non nowadays voter identification as required by that state. In Alabama, Arizona, Georgia, Indiana, Kansas, Ohio, Due south Carolina, Tennessee, Texas, Virginia and Wisconsin voters have a few days after Ballot Mean solar day to prove required identification (see NCSL's Voter ID Requirements page.)

Occasionally a voter may be asked to return to provide proof of residence, such every bit a utility nib, or other eligibility verifications depending on the reason for the issuance of the provisional election. These states are likely to be those that offer Election Day registration.

Is Any Office of a Provisional Ballot Counted If it Is Cast in the Incorrect Precinct?

States vary in how they handle conditional ballots cast in the wrong precinct.  This nearly unremarkably happens when a voter goes to the incorrect precinct because he or she tin't become to the abode precinct, and therefore votes on a conditional ballot.  (Equally role of become-out-the-vote efforts toward the end of Election Day, candidates, campaigns and advocacy groups may encourage this selection.)

Some states count a portion of the provisional ballot if it is cast in the wrong precinct or jurisdiction. More often than not, they will count the votes for races that the voter would have been eligible to vote in, if they did then in the correct precinct or jurisdiction. This may include simply votes for federal offices, as in Rhode Island, or for state or local races that would be shared among precincts.

In other states, the entire ballot will be rejected.

Exceptions may exist. For example, in Maine, the full ballot is counted offset. If the number of provisional ballots cast would change the consequence of the election, and but then is the validity of the conditional ballots investigated.

In Ohio, there may be certain polling places holding elections for more one precinct. In that situation, if the voter is in the correct polling place but the wrong precinct, they volition showtime exist directed to the right precinct. If they chose not to get dorsum in line they can choose to vote a provisional ballot in the incorrect precinct (Ohio Code § 3505.183)

Land Treatment of Provisional Ballots Cast in the Wrong Precinct.
Total Count Maine**
Fractional Count Alaska, Arizona, Arkansas, California, Colorado District of Columbia, Georgia, Kansas, Louisiana*, Maryland, Massachusetts, New Bailiwick of jersey, New Mexico, New York, Ohio***, Oregon, Rhode Island*, Utah, Washington, Westward Virginia
Does Not Count Alabama, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, Northward Carolina, Oklahoma, South Carolina, S Dakota, Tennessee, Texas, Vermont, Virginia, Wisconsin, Wyoming

*Just Federal races

** Validity is only reviewed if the number of provisional ballots cast is a large enough number to impact the results of the election

*** See Ohio Code § 3505.183

What Are the Reasons for Rejecting/Accepting a Provisional Election?

Once the provisional ballot has been investigated, the election officials volition either take the ballot and count all or office of it, or reject the ballot and non count it.

According to the EAC the most common reasons for rejection of a provisional election are: (1) the voter was not registered; (2) the voter cast a provisional election in the wrong jurisdiction; (three) the vote was bandage in the incorrect precinct; (4) the voter lacked required ID or did not provide the proper ID inside the allotted time afterwards Election Day as described above; (v) the provisional ballot was incomplete, or the election or envelope was illegible; (6) the voter had already voted in that election; or (7) in that location was no signature on the conditional election or the ballot envelope.

Some states provide lists of the reasons for rejecting provisional ballots. The chart below includes 50-state data regarding how states accept defined the reasons for rejecting or accepting provisional ballots. When possible the language listed is straight from state sources.

Reasons for rejecting conditional ballots
Alabama
Information provided by a state election official
A provisional ballot is rejected when:
  • The provisional ballot voter is not registered to vote
  • The conditional election voter bandage the provisional ballot in a precinct where he/she does not reside
  • The provisional election voter is adamant to be ineligible to vote based on a challenge
  • The provisional ballot voter fails to provide proper photo ID
  • Information technology is adamant that the conditional ballot voter requested and voted an absentee election despite the merits that the conditional ballot voter did non vote his/her absentee ballot

Alaska

Alaska Stat. §15.15.198

A person whose registration is inactive under AS 15.07.130(b) and who votes a questioned or absentee election shall have the ballot counted if:

  • The person was registered to vote in the concluding four calendar years
  • The person signs a argument to that outcome; and
  • The earlier registration is verified by the manager

Arizona

Ariz. Rev. Stat. §16-584(East)

A conditional election is rejected when:

  • Not registered
  • No ballot in envelope
  • Registered subsequently 29-day cut-off
  • No signature
  • Bereft/illegible information
  • Signature does not match
  • Wrong party
  • Outside jurisdiction ballot
  • Voter claiming upheld
  • Voted in wrong precinct
  • Voted and returned an early on election
  • Proper identification non provided past deadline
  • Authoritative mistake
  • Not eligible

Arkansas

Arkansas Constitution of 1874 Amendment 51, § 13

A provisional ballot is counted when:

  • Information technology is cast past a registered voter and is the correct election for the precinct of the voter'southward residence
  • It is cast by a registered voter who presents proof of identity to the county clerk or the canton board no afterwards than apex the first Monday following the election; or
  • It is an absentee ballot and the canton board determines that the voter is eligible to vote in the precinct.

California

Ballot Officer's Digest, 2014

Elections Ascertainment Rights and Responsibilities, 2014

A provisional election is rejected when:

  • Signature doesn't match voter registration signature
  • NOT for failure to bandage a ballot in correct precinct

Colorado

Provisional Election FAQ, SOS Website

A provisional ballot is rejected when:

  • Choosing to vote a conditional election than vote in correct county
  • If the elector's registration cannot be verified, the ballot shall non be counted

Connecticut

Conn. Gen. Stat. §9-232n

A provisional ballot is rejected when:

  • Not registered in proper precinct at time of casting ballot

Delaware

Del. Code tit. 15, §4948

A provisional ballot is rejected when:

  • Incomplete provisional ballot affidavit that does non include all of the following information: full name, complete accost, political party affiliation (primary elections only), and date of nascency
  • No suitable identification
  • Not registered to vote in the country or are non registered to vote in the ballot district in which they were cast

Commune of Columbia

D.C. Mun. Regs. Tit. 3, §807.3

A provisional ballot (aka special ballot) is counted when:

  • The voter registered to vote at the polls or an early on voting centre, the voter cast the Special Ballot at the precinct in which the voter maintains residence or at an early voting center designated by the Board;
  • The voter is a qualified elector of the District of Columbia; and
  • The voter did not otherwise vote in the same election.

Florida

Fla. Stat. §101.048

A provisional ballot is rejected when:

  • Not registered
  • Non entitled to vote at the precinct where the person cast a vote

Georgia

Ga. Code §21-2-419 (c)(iii)

A provisional election is rejected  when:

  • No registered
  • Not otherwise eligible
  • Registrars unable to determine within three days post-obit the ballot whether the voter was registered or eligible to vote

Hawaii

Haw. Admin. Rules § 3-172-140

A provisional ballot is rejected when:

  • Any part of the provisional election application grade or affirmation argument is incomplete, not executed, or contradistinct, the provisional ballot shall be not be counted
  • The county clerk determines the individual is eligible under state police to vote in the precinct the individual wishes to vote in, the individual'south provisional ballot shall exist counted in accordance with state law
  • The county clerk determines the individual is not eligible to vote in the precinct where the provisional election was bandage, the conditional ballot shall not be counted

Idaho

Due north/A

Illinois

10 ILCS 5/18A-15

A provisional ballot is rejected when:

  • Data bachelor to the election authority from 5 specifically-identified sources opposes registration status. If a disharmonize exists among the data available, the election potency shall make a conclusion by a totality of the circumstances
  • The affirmation executed past the voter fails to incorporate the voter'southward commencement and final name, house number and street proper name and signature or mark
  • The voter is determined to take voted by mail in the election concerned; or
  • The voter does non provide the election potency with the necessary registration documentation (ID) within vii days of the ballot

Indiana

2021 Election Ambassador's Manual

Ind. Code § 3-11.7-5-v

A provisional election is rejected when:

  • The provisional voter affidavit has not been properly executed
  • The provisional voter is not a qualified voter of the precinct
  • The provisional voter failed to provide photo ID, if required
  • The provisional voter did non annals to vote at a registration agency on a date inside the registration period; or
  • Election does not contain the initials of the poll clerks

Iowa

Election Administrator's Handbook

A provisional ballot is rejected when:

  • Voter did not provide ID and was required to do and then
  • Voter was not registered in the precinct on ballot twenty-four hours
  • Voter already returned an absentee ballot that was counted
  • Voter is not qualified to vote; or
  • Voter is inactive/pending and has not provided ID as required by the time the board meets to consider provisional and challenged absentee ballots

Kansas

Kan. Admin. Regs. § 7-36-7

A provisional ballot is rejected when:

  • The voter did not provide additional information, an updated signature, or an additional photocopy upon request by the county election officeholder or if the data, signature, or photocopy is inconsistent with the data on the voter registration list

Kentucky

Ky. Admin. Regs. tit. 31, § 6:020

A provisional ballot is rejected when:

  • The county board of elections determines the individual is ineligible to vote in the precinct in the election

Louisiana

Data provided by a state election official

A provisional ballot is rejected when:

  • The voter is not a registered voter or
  • Fails to vote in the precinct where he is eligible to vote in the federal ballot

Maine

Me. Rev. Stat. tit. 21-A §673

All challenged ballots are initially counted in the same manner as regular ballots. No further determination is made on the challenge unless a recount occurs and it is determined that the challenged ballot could affect the outcome of the election. If at that place are enough challenged ballots to affect the effect of an election, so the challenged ballots in that district will exist segregated, and the basis for each claiming may exist determined by the appropriate authority designated by statute or by state or federal constitution.

Maryland

Md. Election Police §11-303

A provisional election is rejected when:

  • Voter is determined non to be qualified
  • The voter failed to sign the adjuration on the provisional ballot awarding
  • The individual cast more than one ballot for the aforementioned ballot
  • The local lath determines that a provisional election is intentionally marked with an identifying mark that is conspicuously evident and placed on the ballot for the purpose of identifying the ballot; or
  • If the intent of the voter with respect to a particular contest is not conspicuously demonstrated, the local board shall reject simply the vote for that contest

Massachusetts

Mass. Gen. Laws. ch. 54, §76C

A conditional ballot is rejected when:

  • The city or town clerk determines that the individual is ineligible to vote in the precinct in the election under the constabulary of the commonwealth

Michigan

Mich. Comp. Laws Ann. § 168.813

A provisional ballot is rejected when:

  • The voter is not registered
  • The voter did not prove a proper ID or verification of residence

Minnesota

Due north/A

Mississippi

Information provided by a land election official

A provisional ballot is rejected when:

  • The voter is not a registered voter
  • The voter is registered, but in wrong precinct
  • The voter failed to return to the circuit clerk's office to present an adequate grade of photo ID within 5 business days of the election
  • The voter failed to sign an affirmation of religious objection to being photographed in the circuit clerks' office within 5 business days of the election

Missouri

Mo. Rev. Stat. §115.430

Rules of Elected Officials

A provisional ballot is rejected when:

  • Not registered
  • Not eligible
  • Voted in incorrect polling place

Montana

Mont. Code § xiii-15-107

A provisional ballot is rejected when:

  • Officials cannot verify the voter's identity or eligibility

Nebraska

Neb. Rev. Stat. §32-1002(5)

A provisional ballot is rejected when:

  • The voter is non registered
  • Already voted in county or elsewhere
  • The voter failed to complete and sign a registration application
  • Residence on registration is in a different county or in a dissimilar precinct
  • Party affiliation on the registration application completed prior to voting the conditional ballot is different than the party affiliation that appears on the voter'south voter registration record
  • Failed to complete and sign the certification on the envelope or attached course

Nevada

Nev. Rev. Stat. §293.3085

A conditional ballot is rejected when:

  • Person who bandage the provisional election cast the wrong ballot for the address at which the person resides

New Hampshire

Due north/A

New Jersey

Northward.J. Stat. Ann. §19:53C-17

Northward.J. Stat. Ann. §nineteen:53C-thirteen

A provisional ballot is rejected when:

  • If the voter already bandage a provisional ballot
  • If the name, signature, or address does not friction match the voter registration record and cannot be verified.

If a provisional election voter votes a ballot in a district other than the one in which the voter is qualified to vote, the votes for those offices and questions for which the voter would exist otherwise qualified to vote are counted. All other votes are not counted.

New Mexico

2019 Ballot Handbook

NM ADC 1.10.22

A provisional ballot is rejected when:

  • No signature
  • Not registered
  • Voter is registered to vote in another county in the state
  • If they already cast an absentee election

New York

N.Y. Election Law § 5-403

North.Y. Election Law § nine-209

A provisional ballot is rejected oraccustomedwhen:

  • enquiry at the canton lath supports the claim the voter makes in their oath on the ballot envelope, the election volition be counted. If research proves otherwise, the ballot is not counted. Conditional ballots bandage by voters who were in the correct poll site but at the wrong voter sign-in table, will be counted, however only those contests and questions which the two different districts had in mutual volition exist counted.

North Carolina

Due north.C. Gen. Stat. Ann. § 163-182.2

A conditional ballot is rejected when the voter:

  • Did not vote in the proper precinct under G.S. 163-55 and Thousand.S. 163-57
  • Is non registered in the county as provided in G.S. 163-82.i, or
  • Is otherwise not eligible to vote

North Dakota

NDCC § 16.i-13-34

Due north Dakota does not require voters to annals and only uses provisional ballots if a court order has extended the polling hours. If this happens, the secretary of state would proscribe procedures.

Ohio

Ohio Rev. Stat. §3505.183

A conditional ballot is rejected when::

  • The voter is not registered
  • The voter Is not eligible to cast a ballot in that precinct or for that election
  • The voter did non provide the required information
  • The voter already voted
  • The voter did not provide any additional information required within seven days of the election
  • The voeter did not provide a current and valid identification
  • The voter'south data does not match the information in the voter registration database
  • The voter'south engagement of nascence is different

Oklahoma

Data provided by a state election official

A provisional election is rejected when:

  • Voter is non registered to vote in the county or the voter'south residence address is located in another precinct
  • Voter's change of party amalgamation was not timely received or voter's residence address is not located within the boundaries of the schoolhouse district or municipality for which the provisional ballot was bandage
  • Voter's identity cannot be verified as required by land law based upon the data provided on the Provisional Ballot Affidavit
  • The US/OV voter does not provide an address of residence within the county or the address provided is located in another precinct

Oregon

Or. Rev. Stat. §254.408

A conditional election is counted when:

  • The elector is validly registered to vote and the vote was properly cast
  • The county clerk determines the registration of the elector is considered active or inactive
  • The elector is qualified to vote for the particular office or on the measure

Pennsylvania

Provisional Balloting Procedures

A conditional ballot is rejected or accepted when:

  • If the board of elections determines that the elector has knowingly voted in an improper ballot district, the board of elections may declare the ballot to be invalid. However, absent a determination of willfulness by the elector, the board should dispose of the conditional ballot equally a ballot cast in the proper county merely at an improper election commune and count the election as to those offices for which, and questions on which, the elector was qualified to vote.

Rhode Island

Rules and Regulations for Provisional Voting

A provisional election is rejected when:

  • Voter not registered or in the wrong congressional commune
  • Signature on latest voter reg. class on tape does not match signature on conditional ballot application
  • Signature on latest voter reg. form on record does not match signature on provisional ballot application and voter has non submitted valid ID by four p.thou. day following election
  • The individual has cast a post election, emergency election or military election in the aforementioned ballot

Southward Carolina

S.C. Lawmaking § seven-7-910

A provisional ballot is rejected when:

  • Case in wrong precinct

Due south Dakota

S.D. Codified Laws § 12-20-five.ane

A provisional ballot is rejected when:

  • Not registered

Tennessee

Tenn. Lawmaking Ann. §2-seven-112

A conditional ballot is rejected when:

  • The voter is non properly registered in that precinct
  • The voter already voted in a unlike precinct

Texas

Tex. Elec. Code §65.054

A provisional ballot is counted when:

  • The person is eligible to vote in the election and has not previously voted in that election; or
  • The person:
    • meets the identification requirements
    • the voter executes an affidavit nether penalty of perjury that states the voter has a religious objection to beingness photographed and the voter has consistently refused to be photographed for whatsoever governmental purpose from the time the voter has held this conventionalities; or
    • executes an affidavit nether penalty of perjury that states the voter does non have whatsoever identification as a result of a natural disaster that was declared by the president of the United states or the governor, occurred non earlier than 45 days before the date the ballot was bandage; and
  • The voter has not been challenged for whatever reason other than lack of identification.

Utah

Utah Code § 20A-iv-107

A provisional ballot is counted when:

  • The person provides valid voter identification to the county clerk or an election officer who is administering the ballot by the close of normal office hours on Mon after the engagement of the ballot

Vermont

Vt. Stat. Ann. Title 17 § 2555

Vt. Stat. Ann. Title 17 § 2557

Vt. Stat. Ann. Title 17 § 2121

If a voter chooses to vote by provisional election, the clerk reviews the application and determine eligibility after the shut of the polls. The following eligibility conditions must exist met:

  • a citizen of the United States;
  • a resident of the state of Vermont;
  • has taken the voter'due south oath; and
  • 18 years of age or more.
  • Any person meeting the requirements of subdivisions (a)(1)-(3) of this section who will be 18 years of age on or earlier the appointment of a general election may register and vote in the principal election immediately preceding that general election.

Virginia

Va. Code § 24.2-653

A provisional ballot is rejected when:

  • Not eligible to vote in precinct
  • Unable to determine correct to vote
  • No proper ID

Washington

Launder. Admin. Code § 434-262-032

A provisional ballot is rejected when:

  • Not registered
  • Already voted a regular ballot
  • Signature on provisional ballot envelope does not match the voter registration record and/or they do not present a proper ID

West Virginia

Due west. Va. Code § 3-ane-41

A conditional ballot is rejected  or countedwhen:

Provisional ballots may not be counted by the ballot officials. The county commission shall, on its own motion, at the time of canvassing of the election returns, sit in session to decide the validity of any challenges according to the provisions of this affiliate. If the county committee determines that the challenges are unfounded, each provisional ballot of each challenged voter, if otherwise valid, shall be counted and tallied together with the regular ballots bandage in the election. The county commission, as the board of canvassers, shall protect the privacy of each provisional ballot cast. The county commission shall disregard technical errors, omissions or oversights if it tin can reasonably exist ascertained that the challenged voter was entitled to vote.

Note: Guidance on deciding whether or not to count provisional ballots is provided in the Secretary of State's manual 2014 Best Practices Guide for Canvas and Recount.

Wisconsin

Wis. Stat. § seven.52

A provisional ballot is rejected when:

  • If voter does not provide the proper documentation to prove eligibility to vote (ID or proof of residency) by 4 p.m. the Friday subsequently the election.

Wyoming

Wyo. Stat. § 22-xv-105

A provisional election is rejected when:

  • The voter is not on the registration rolls and is registering for the outset time on Election Mean solar day just did non present documentation at the polls or by close of business on the following day.

How Does a Voter Detect Out If a Provisional Vote Was Counted?

HAVA requires the state or local election official to give the person casting a provisional ballot data on how he or she can observe out whether the voted was counted, and, if not, the reason why not. The law says this may be "a toll-free telephone number or an Internet website" established for that purpose.

This requirement often is reflected in land statute, dominion, or in the election manual. In 2020, 45 states and Washington, D.C., provided an online tool for voters to rail their ballots and find out if their provisional ballot was counted.

What Time Is Allotted to Determine the Status of Provisional Ballots?

Each state establishes when provisional ballots are processed. For case, some states base this timeframe on how long the voter has to prove eligibility every bit detailed above, or they use the same timeframe equally the official election canvass.

Time Allotted to Determine the Status of Conditional Ballots
State When Provisional Ballots Are Counted

Alabama

Conditional Voting in Alabama

Past apex, seven days subsequently the election.

Alaska

Alaska Stat. §15.20.205

Xv days.

Arizona

Elections Procedures Transmission, 2014

Ten business days following the full general federal election and v days for all other elections.

Arkansas

Rules on Poll Watchers, Vote Challenges, and Provisional Voting

Twoscore-eight hours—15 days after the ballot.

California

Cal. Elec. Code § 14310

The canvass shall commence no later than the Th following the election, shall be open to the public, and, for state or statewide elections, shall result in a report of results to the Secretary of State. The canvass shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than 6 hours each solar day until completed.

Colorado

Colo. Rev. Stat. § 1-8.five-105 (five)

Ten days subsequently a primary or 14 days after a general election.

Connecticut

Conn. Gen. Stat. § 9-232n

Not later than six days afterward the ballot or principal.

Delaware

Del. Code tit. fifteen, § 4948

The mean solar day following an election in which provisional ballots were used, the Section shall see to examine the provisional ballots, determine which of the ballots should exist tallied in accordance with the rules stated below, and then tally those ballots.

Commune of Columbia

Voting by Special Election FAQ

X days after the ballot.

Florida

Information provided by a state election official

The conditional ballot count must be completed by noon on the third solar day after a main ballot, and noon on the quaternary day after a general election.

Georgia

Ga. Code. § 21-2-419 (c) (i)

Iii days to prove identity or for county registrar to verify registration.

Hawaii

Hawaii Rev. Stat. § 11-174.5

20 days.

Idaho

N/A

Illinois

10 ILCS 5/18A-15

Fourteen days following the ballot.

Indiana

Ind. Code § three-11.7-5-1

X days after the election.

Iowa

Ballot Ambassador's Handbook

Th later Election Day.

Kansas

Kan. Stat. Ann. § 25-3104
The Kansas Election Standards

Provisional ballots are counted as part of the intermediate sail conducted by the county board of canvassers on either the Monday or second Thursday post-obit the election.

Kentucky

Ky. Admin. Regs. tit. thirteen, § 6:020

Non later on than 12 p.chiliad., prevailing fourth dimension, on the Friday following the ballot.

Louisiana

La. Rev. Stat. § xviii:566.two

Provisional ballots shall exist counted on the third twenty-four hours following the election.

Maine

Me. Rev. Stat. tit. 21-A §673

Reasonable time after the election.

Maryland

Maryland State Board of Elections, Challengers, Watchers & Other Ballot Observers Manual

If conditional election because of lack of proper ID, the voter has until x a.g. on the 2d Wednesday after the election to provide proper ID to local board of elections.

Massachusetts

Mass. Gen. Laws ch. 54, § 76C

Twelve days.

Michigan

Election Inspector'due south Manual

Six calendar days afterwards the election.

Minnesota

N/A

Mississippi

Mississippi Poll Managing director Guide

Five business days.

Missouri

Miss. Lawmaking Ann. §115.511

Same fourth dimension every bit official canvass, 2 weeks following the election.

Montana

Mont. Code § 13-15-107

Six days.

Nebraska

Neb. Rev. Stat. § 32-1002

The verification and investigation shall be completed within vii days subsequently the ballot.

Nevada

Nev. Rev. Stat. § 293.387

Six working days post-obit the election.

New Hampshire

Northward/A

New Jersey

N.J. Stat. § 19:xix-1

Before the Monday following the ballot when the Lath of County Canvassers meets.

New United mexican states

N.M. Stat. Ann. § 1-12-7.1

Voter has until 5 p.yard. on the second solar day following the election to provide proper identification.

New York

N.Y. Election Law, § nine-209

No more than fourteen days after a general or special election and no more than eight days later a primary ballot at which such ballots are voted.

North Carolina

N.C. Gen. Stat. § 163-182.2

Vote counting at the precinct shall occur immediately after the polls shut and shall be continuous until completed.

North Dakota

N/A

Ohio

Ohio Code § 3505.183

Until whatsoever hearing required to be conducted under section 3503.24 of the Revised Code with regard to the provisional voter is held, or until the eleventh day after the day of the election, whichever is earlier.

Oklahoma

Okla. Admin. Code 230:35-5-177

Subsequently v p.g. on Friday after Election Day.

Oregon

Or. Rev. Stat. § 254.426

Xiv days.

Pennsylvania

Well-nigh Provisional Voting

Seven days.

Rhode Island

Provisional Ballot Overview

Forty-eight hours after the election.

South Carolina

S.C. Code Ann. § 7-xiii-830,  § 7-17-10, § seven-17-510

Earlier the board of canvassers meet, on the Thursday following a primary/runoff or the Fri post-obit a general or special election.

Southward Dakota

S.D. Codification Laws § 12-20-13.2, 12-20-13.3

Vii-17 days following the ballot, merely prior to the official sail.

Tennessee

Tenn. Code Ann. §ii-vii-112

The counting of all provisional ballots must be completed within 4 business organisation days of the shut of polls on Election Day.

Texas

Tex. Election Code § 65.051

Vii-thirteen days.

Utah

Utah Code 20A-4-301(i)(b)

Counted during the official canvass no afterward than fourteen days after the ballot.

Vermont

Vt. Stat. Ann. tit. 17, § 2557

Two days after the ballot.

Virginia

Va. Lawmaking § 24.2-653

7 calendar days from the date of the election.

Washington

Launder. Rev. Code § 29A.threescore.190

Xiv-21 days after the ballot.

West Virginia

W. Va. Lawmaking, § 3-vi-ix

Conditional ballots are investigated during canvass, on the 5th twenty-four hours afterward the election.

Wisconsin

Wis. Stat. § 7.52

At 4 p.m. the Friday subsequently the election.

Wyoming

Wyo. Stat. § 22-16-103

The get-go Friday following the election.

Which States Do Not Use Provisional Ballots?

States that offered aforementioned-twenty-four hour period voter registration at the time the National Voter Registration Deed was enacted (1993) are besides exempt from HAVA's conditional ballot requirements. Those states are: Idaho, Minnesota, New Hampshire, Due north Dakota (which does not require voter registration although information technology does go on a listing of voters), Wisconsin and Wyoming.

While those state are not required to provide conditional ballots nether HAVA, they are also not prohibited from using provisional ballots.

North Dakota, for case, uses them in cases where the hours at a polling place have been extended. Wisconsin uses provisional ballots for same-day registration when a voter is non able to provide required identification. In this example, a provisional ballot is not counted until identification is shown, allowing the voter to annals.

Similarly, Wyoming uses conditional ballots if the voter is not on the registration list and does not accept proper identification in order to annals on Ballot Day, if they are challenged by a poll watcher or if there are extended polling hours. The voter is then required to provide boosted information, such as proof of residence or identification, in society for the ballot to be counted. The provisional ballot will not be counted if the voter does not provide the requisite data needed for registration.

Idaho, Minnesota and New Hampshire do not event conditional ballots at all.

Additional Resources

  • Provisional Voting, The U.S. Ballot Assist Commission

Nearly This Project

The evolution of this webpage was generously supported by The Pew Charitable Trusts.

Can You Get A Provisionial Ballot If You Register Late,

Source: https://www.ncsl.org/research/elections-and-campaigns/provisional-ballots.aspx

Posted by: warrentrusen.blogspot.com

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