What is a provisional ballot?

A provisional ballot is a safeguard that ensures every person who believes they are registered and eligible to vote has an opportunity to cast a ballot, even when there is a question about their registration or identity at the polling place. The Help America Vote Act (HAVA), signed into law in October 2002 and first applied in the 2004 presidential election, established the federal right to a provisional ballot at all federal elections. Polling places are required by law to offer one to any voter who appears and claims to be eligible, regardless of whether their name appears in the poll book.

Provisional ballots are commonly used in several situations: a voter's name does not appear in the poll book (due to a registration error, a misspelling, or a database lag); a voter lacks required ID but asserts eligibility; a voter has moved and appears at their old polling place; a voter's registration has been challenged or flagged; or a voter requested an absentee ballot but chooses to vote in person instead. In each case, the voter fills out the ballot, which is placed in a sealed envelope along with information identifying the voter. The voter receives a written receipt with instructions for checking whether their ballot was counted.

After Election Day, during the 'canvass' period, election officials verify each provisional ballot voter's eligibility. If the voter is confirmed eligible and properly registered, the ballot is removed from its envelope and counted along with the regular ballots. If the voter is found ineligible -- for example, they were not registered in that jurisdiction -- the ballot is not counted. The exact deadline by which states must resolve provisional ballots before final certification varies by state law, but the verification and counting always happen after the initial Election Night tallies.

For the 2028 presidential election, federal law guarantees that any voter who shows up at a polling place and asks for a provisional ballot must receive one. No polling place official has the authority to turn away a voter who invokes this right under HAVA. If you are told your registration cannot be found or your ID is questioned, you may ask for a provisional ballot, cast it, and then follow up with your state or local election office to confirm it was counted.