If I Mistakenly Registered And Voted, While I Was Not Eligible To Vote. What Is The Implication?

Provisional ballots ensure that voters are non excluded from the voting process due to an authoritative error. They provide a fail-safe machinery for voters who arrive at the polls on Ballot Day and whose eligibility to vote is uncertain. This webpage provides a general overview of state provisional ballot laws and practices.

Conditional ballots, too known every bit "claiming" or "affirmation" ballots in some states, are required by the federal Aid America Vote Act of 2002 (HAVA). When in that location is uncertainty nigh a voter's eligibility—the potential voter'southward proper noun is not on the voter rolls, a required identification certificate isn't available or some other issue arises—the ballot official is required to offer the voter a provisional ballot instead of a regular ballot.Standards for handling conditional ballots are determined by state law.

In nearly all of the states, afterwards existence cast, the provisional ballot is kept separate from other ballots until after the election. A determination is then made equally to whether the voter was eligible to vote, and therefore whether the election is to be counted. Generally, a board of elections or local ballot officials will investigate the provisional ballots within days of the ballot. Since this is an additional administrative step, a large number of conditional ballots tin increase costs for jurisdictions.

NOTE: Idaho, Minnesota and New Hampshire do non issue provisional ballots, therefore, we practice not provide data regarding those states below. For an explanation of why they practise not 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 provisional ballots used?
• What is the legislative role regarding provisional ballots?
• How is a provisional election investigated?
• Is whatsoever part of a provisional ballot counted if it is bandage in the wrong precinct?
• What are the reasons for rejecting a provisional ballot?
• How does a voter find out if his or her provisional ballot was counted?
• What time is allotted to determine the status of conditional ballots?
• Which states exercise non use conditional ballots, and why?
• Methodology

What Does Federal Law Require Regarding Provisional Ballots?

Provisional ballots are mandated by section 15482 of the Help America Vote Human activity of 2002 (HAVA), but even earlier HAVA, some states offered "provisional," "claiming" or "affirmation" ballots to ensure that no eligible voters were turned away. HAVA exempts only a few states: Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming (run across beneath).

The law states: "If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for Federal office, but the proper noun of the individual does not appear 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 election…"

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

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

Election officials: Ballot officials and poll workers must notify potential voters that they have a right to employ a conditional ballot, provide the ballot, witness the affirmation, and receive the ballot for later processing. Additionally, ballot 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 not, why non.

Why Are Provisional Ballots Issued?

For a voter to cast a conditional ballot, there must be some question as to his or her eligibility to vote. These questions vary across states. The most mutual reasons, as identified by the EAC, are:

• The voter's proper name is non on the poll or registration list.
• The voter's eligibility cannot be 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 as required by that country.
• The voter requested an absentee ballot but claims he or she either didn't receive it or didn't cast it.
• The voter's accost or name has changed merely their voter registration information does non reflect the change.
• For primaries, the voter registration reflects an error in political party listing.

Most states take additional reasons specific to those states. In addition, HAVA requires all states to issue provisional ballots if the polling identify hours are extended past courtroom guild.

Below is a chart of the almost common reasons voters may demand to cast a provisional ballot and the states that volition permit a voter to cast a provisional ballot in those instances.

Common Reasons Voters May Need to Cast a Provisional Election

Reason	States
Voter eligibility cannot be immediately established—i.east., name is non on registration list	46 states, plus D.C.: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District 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 Island, Due 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, District of Columbia, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Montana, Nevada, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, W Virginia, Wyoming
Voter did non present 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 it	16 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 party list (main election only)	Ix states, plus D.C.: District of Columbia, Maine, Maryland, Massachusetts, New Jersey, New York, Northward Carolina, Oklahoma, Pennsylvania, Due west Virginia
Address 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 Conditional Ballots?

Because it takes longer to procedure provisional ballots than regular ballots, legislators and administrators may want to reduce the apply of provisional ballots. The availability of provisional ballots is mandated by federal law—the Help America Vote Act of 2002—simply state laws determine how and why provisional ballots are used. They may besides want to make procedures for the use of provisional ballots uniform throughout their state. Hither are problems relating to provisional ballots that legislators may address:

• Aforementioned-Twenty-four hours Registration. In some states that offering same-day registration, they may implement it by requiring the use of provisional ballots for Election Day registrants. In these cases, voters can indeed register and vote at the aforementioned time, simply 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 solar day registration through other mechanisms). Montana uses provisional ballots for this purpose and OK S 314, from 2015, would have created aforementioned day registration through the employ of provisional ballots.
• Voter ID.  Many states who have strict voter ID requirements ask voters who exercise non provide the appropriate ID at the time of voting to cast a provisional election. Voters take the opportunity to show ID inside a few days of the ballot, and if non, the provisional ballot is non counted.
• Voted the Wrong Election. In states where several precincts may exist housed in ane polling identify, information technology is non uncommon for a voter to get in the wrong line. In this case, the voter is offered the opportunity to either get in the right line for the correct election, or be issued a provisional election that would exist partially counted. This is called the "right church building, wrong pew" situation. In Ohio, in 2014 SB 216  was enacted to set procedures for these cases that allow a portion of the election to be counted. In 2020, Virginia passed HB 43, which allowed voters in split districts who believed they received the incorrect ballot to vote provisional ballots for both districts; after the voter's district is confirmed, only the voted ballot for that district will 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 Ballot 24-hour interval on a provisional ballot; that way, if the original absentee ballot does get submitted, the provisional election volition non be counted. For instance, RI S 639, from 2015, would permit voters to vote on a provisional ballot even if they had requested an absentee ballot.
• Proper name Not on the Voter List. One of the most common reasons provisional ballots are issued is that the voter's name does not appear on the voter list, fifty-fifty if the voter says he or she has registered.  In 2015, TX H 2987, which failed, proposed giving each new registrant a receipt proverb they had applied to register. If the name is not on the voter list, the receipt could be attached to a provisional ballot, thus proving the voter had done their function past registering.
• Voting Outside 1's Precinct. In some states, conditional ballots tin exist used past voters who are voting outside their own jurisdiction. State law governs whether these ballots will be rejected, or whether the portion of the ballot the voters were eligible to vote will exist counted. In 2013, Illinois and Utah passed legislation to count fractional ballots. Also in 2013, Northward Carolina enacted HB 589, which clarified that provisional ballots cast in the wrong precinct will not be counted.
• Uniform Time Frames. States can create compatible fourth dimension periods for handling provisional ballots. Illinois' HB 2418, enacted in 2013, requires election officials to transmit data near conditional ballots cast to the state board within ii agenda days of the election, and increases from two to seven days the fourth dimension menstruation during which a provisional voter may submit boosted information to election authorities. Also in 2013, Texas established a time frame for counting provisional ballots.
• Uniform Procedures: States tin also found statewide procedures for counting conditional ballots.  In 2013, Virginia addressed two procedural bug. With HB 63, it established who can be present when conditional ballots are counted, and with HB 2143, the state now requires that conditional ballots be "promptly" put in the election box.

How Is a Conditional Ballot Investigated?

Once a provisional ballot is cast, it is stored separately from other ballots and investigated past local election officials. Generally, this procedure 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's eligibility can be established through reviewing the voter rolls or verifying a signature, all or a portion of the ballot volition exist counted (see beneath). If their eligibility cannot be established, the ballot will not exist counted.

In some states, the voter may be asked to take action afterwards Election Twenty-four hours to have his or her provisional election.  In these cases, the voter may exist required to return to an election part post-obit the ballot to verify his or her identity and/or eligibility to vote. In about cases, these voters were issued a provisional election because they did not present voter identification as required by that state. In Alabama, Arizona, Georgia, Indiana, Kansas, Ohio, Southward Carolina, Tennessee, Texas, Virginia and Wisconsin voters take a few days after Election Day to show required identification (encounter NCSL's Voter ID Requirements folio.)

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

Is Any Role of a Provisional Ballot Counted If it Is Bandage in the Wrong Precinct?

States vary in how they handle provisional ballots bandage in the wrong precinct.  This most commonly happens when a voter goes to the incorrect precinct because he or she tin can't get to the home precinct, and therefore votes on a provisional election.  (As office of get-out-the-vote efforts toward the end of Election Twenty-four hours, candidates, campaigns and advocacy groups may encourage this choice.)

Some states count a portion of the provisional ballot if it is bandage in the wrong precinct or jurisdiction. Generally, they will count the votes for races that the voter would have been eligible to vote in, if they did so in the correct precinct or jurisdiction. This may include merely votes for federal offices, as in Rhode Isle, or for land or local races that would be shared amongst precincts.

In other states, the unabridged election will exist rejected.

Exceptions may be. For example, in Maine, the full election is counted first. If the number of provisional ballots cast would change the outcome of the ballot, and just then is the validity of the conditional ballots investigated.

In Ohio, at that place may be certain polling places holding elections for more than than ane precinct. In that situation, if the voter is in the right polling place just the wrong precinct, they will start be directed to the right precinct. If they chose non to get dorsum in line they can choose to vote a provisional election in the wrong precinct (Ohio Lawmaking § 3505.183)

State Handling of Conditional Ballots Cast in the Incorrect Precinct.

Full 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 Isle*, Utah, Washington, Westward Virginia
Does Not Count	Alabama, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oklahoma, S Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Wisconsin, Wyoming

*Only Federal races

** Validity is only reviewed if the number of provisional ballots bandage is a big enough number to touch on the results of the election

*** Run across Ohio Code § 3505.183

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

One time the provisional ballot has been investigated, the election officials will either accept the election and count all or part of it, or reject the election and non count information technology.

According to the EAC the most common reasons for rejection of a provisional ballot are: (i) the voter was not registered; (2) the voter cast a provisional ballot in the wrong jurisdiction; (3) the vote was cast in the wrong precinct; (4) the voter lacked required ID or did not provide the proper ID within the allotted fourth dimension later on Election Day as described above; (5) the conditional ballot was incomplete, or the ballot or envelope was illegible; (6) the voter had already voted in that election; or (seven) in that location was no signature on the conditional election or the ballot envelope.

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

Reasons for rejecting provisional ballots

Alabama Information provided by a state election official	A provisional ballot is rejected when: The provisional ballot voter is non registered to vote The conditional ballot voter cast the provisional ballot in a precinct where he/she does not reside The provisional election voter is adamant to exist ineligible to vote based on a claiming The conditional ballot voter fails to provide proper photo ID It is determined that the provisional ballot voter requested and voted an absentee election despite the merits that the conditional ballot voter did not 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 ballot shall have the ballot counted if: The person was registered to vote in the last 4 calendar years The person signs a statement to that effect; and The earlier registration is verified by the director
Arizona Ariz. Rev. Stat. §xvi-584(E)	A provisional election is rejected when: Not registered No ballot in envelope Registered afterward 29-mean solar day cutting-off No signature Insufficient/illegible information Signature does not friction match Wrong political party Outside jurisdiction ballot Voter claiming upheld Voted in incorrect precinct Voted and returned an early ballot Proper identification non provided by deadline Authoritative error Non eligible
Arkansas Arkansas Constitution of 1874 Amendment 51, § 13	A provisional ballot is counted when: It is cast by a registered voter and is the right election for the precinct of the voter's residence It is bandage past a registered voter who presents proof of identity to the county clerk or the county board no later than noon the first Mon following the ballot; or It is an absentee ballot and the canton board determines that the voter is eligible to vote in the precinct.
California Election Officer's Digest, 2014 Elections Ascertainment Rights and Responsibilities, 2014	A provisional election is rejected when: Signature doesn't lucifer voter registration signature Non for failure to cast a ballot in correct precinct
Colorado Provisional Ballot FAQ, SOS Website	A provisional election is rejected when: Choosing to vote a provisional ballot than vote in right county If the elector's registration cannot be verified, the election shall not be counted
Connecticut Conn. Gen. Stat. §ix-232n	A provisional election is rejected when: Non registered in proper precinct at fourth dimension of casting election
Delaware Del. Code tit. 15, §4948	A provisional ballot is rejected when: Incomplete conditional ballot affidavit that does not include all of the post-obit information: full name, consummate address, political party affiliation (primary elections only), and date of nascence No suitable identification Not registered to vote in the state or are non registered to vote in the election district in which they were cast
Commune of Columbia D.C. Mun. Regs. Tit. three, §807.3	A conditional ballot (aka special ballot) is counted when: The voter registered to vote at the polls or an early voting center, the voter bandage the Special Ballot at the precinct in which the voter maintains residence or at an early voting eye 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 ballot.
Florida Fla. Stat. §101.048	A provisional election is rejected when: Non registered Non entitled to vote at the precinct where the person cast a vote
Georgia Ga. Code §21-two-419 (c)(3)	A conditional election is rejected  when: No registered Non otherwise eligible Registrars unable to decide inside three days following the election 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 ballot application form or affirmation statement is incomplete, non executed, or contradistinct, the conditional ballot shall be not exist counted The county clerk determines the individual is eligible under state law to vote in the precinct the individual wishes to vote in, the individual's conditional ballot shall be counted in accordance with state police force The canton clerk determines the private is non eligible to vote in the precinct where the provisional ballot was cast, the provisional ballot shall non be counted
Idaho	N/A
Illinois ten ILCS 5/18A-fifteen	A provisional ballot is rejected when: Information available to the election authority from 5 specifically-identified sources opposes registration status. If a conflict exists among the data bachelor, the election authorisation shall make a determination by a totality of the circumstances The affidavit executed by the voter fails to contain the voter's first and last name, house number and street name and signature or mark The voter is determined to have voted by mail in the ballot concerned; or The voter does not provide the election authority with the necessary registration documentation (ID) within seven days of the election
Indiana 2021 Ballot Administrator's Manual Ind. Lawmaking § iii-eleven.seven-five-5	A provisional ballot is rejected when: The conditional voter affirmation has not been properly executed The conditional voter is not a qualified voter of the precinct The provisional voter failed to provide photograph ID, if required The provisional voter did not register to vote at a registration bureau on a date within the registration flow; or Ballot does not contain the initials of the poll clerks
Iowa Election Ambassador's Handbook	A conditional ballot is rejected when: Voter did not provide ID and was required to do and then Voter was non registered in the precinct on ballot mean solar day Voter already returned an absentee election that was counted Voter is not qualified to vote; or Voter is inactive/pending and has not provided ID as required by the fourth dimension 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 asking by the county election officer or if the information, signature, or photocopy is inconsistent with the information on the voter registration list
Kentucky Ky. Admin. Regs. tit. 31, § 6:020	A provisional ballot is rejected when: The canton board of elections determines the individual is ineligible to vote in the precinct in the election
Louisiana Information provided by a country election official	A provisional election 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 election
Maine Me. Rev. Stat. tit. 21-A §673	All challenged ballots are initially counted in the aforementioned way as regular ballots. No farther determination is fabricated on the challenge unless a recount occurs and it is determined that the challenged ballot could affect the outcome of the ballot. If there are enough challenged ballots to impact the outcome of an election, then the challenged ballots in that district will be segregated, and the footing for each claiming may exist determined by the advisable authority designated by statute or by state or federal constitution.
Maryland Md. Election Police §xi-303	A provisional election is rejected when: Voter is determined non to be qualified The voter failed to sign the oath on the provisional election application The individual cast more than 1 election for the same election The local board determines that a provisional election is intentionally marked with an identifying mark that is conspicuously evident and placed on the election for the purpose of identifying the ballot; or If the intent of the voter with respect to a particular contest is not clearly demonstrated, the local lath shall reject simply the vote for that contest
Massachusetts Mass. Gen. Laws. ch. 54, §76C	A provisional election is rejected when: The city or town clerk determines that the private is ineligible to vote in the precinct in the election nether the police of the democracy
Michigan Mich. Comp. Laws Ann. § 168.813	A provisional ballot is rejected when: The voter is not registered The voter did not evidence a proper ID or verification of residence
Minnesota	N/A
Mississippi Information provided by a state ballot official	A provisional ballot is rejected when: The voter is not a registered voter The voter is registered, but in incorrect precinct The voter failed to return to the circuit clerk's office to present an adequate class of photo ID inside five business days of the election The voter failed to sign an affidavit of religious objection to being photographed in the excursion clerks' office within 5 business days of the election
Missouri Mo. Rev. Stat. §115.430 Rules of Elected Officials	A provisional election is rejected when: Not registered Not eligible Voted in incorrect polling place
Montana Mont. Code § thirteen-xv-107	A provisional election is rejected when: Officials cannot verify the voter's identity or eligibility
Nebraska Bill. Rev. Stat. §32-1002(v)	A conditional election is rejected when: The voter is not registered Already voted in canton or elsewhere The voter failed to complete and sign a registration awarding Residence on registration is in a unlike county or in a different precinct Party affiliation on the registration application completed prior to voting the provisional ballot is different than the political party affiliation that appears on the voter'south voter registration record Failed to complete and sign the certification on the envelope or fastened form
Nevada Nev. Rev. Stat. §293.3085	A provisional ballot is rejected when: Person who cast the provisional ballot bandage the wrong ballot for the accost at which the person resides
New Hampshire	Northward/A
New Jersey N.J. Stat. Ann. §19:53C-17 Due north.J. Stat. Ann. §19:53C-13	A provisional election is rejected when: If the voter already bandage a provisional ballot If the proper name, signature, or address does non match the voter registration tape and cannot be verified. If a provisional ballot 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 be otherwise qualified to vote are counted. All other votes are not counted.
New Mexico 2019 Ballot Handbook NM ADC i.10.22	A provisional election is rejected when: No signature Not registered Voter is registered to vote in another canton in the state If they already bandage an absentee election
New York N.Y. Ballot Law § 5-403 N.Y. Election Law § 9-209	A provisional ballot is rejected oraccustomedwhen: inquiry at the canton board supports the merits the voter makes in their oath on the election envelope, the ballot volition be counted. If research proves otherwise, the ballot is not counted. Provisional ballots cast by voters who were in the right poll site simply at the wrong voter sign-in tabular array, will be counted, however only those contests and questions which the two unlike districts had in mutual will be counted.
North Carolina N.C. Gen. Stat. Ann. § 163-182.ii	A provisional ballot is rejected when the voter: Did not vote in the proper precinct under G.S. 163-55 and Yard.Due south. 163-57 Is not registered in the canton as provided in G.S. 163-82.1, or Is otherwise not eligible to vote
North Dakota NDCC § xvi.one-thirteen-34	N Dakota does not require voters to register and only uses provisional ballots if a courtroom social club has extended the polling hours. If this happens, the secretary of country 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 whatever boosted information required within vii days of the election The voeter did not provide a electric current and valid identification The voter'due south data does non match the information in the voter registration database The voter'due south date of birth is different
Oklahoma Information provided by a land election official	A provisional ballot is rejected when: Voter is not registered to vote in the canton or the voter's residence address is located in another precinct Voter's change of party affiliation was not timely received or voter'southward residence address is not located within the boundaries of the school district or municipality for which the provisional ballot was cast Voter's identity cannot be verified every bit required past state constabulary based upon the information provided on the Provisional Ballot Affirmation The U.s./OV voter does not provide an address of residence inside the canton or the address provided is located in another precinct
Oregon Or. Rev. Stat. §254.408	A conditional ballot is counted when: The elector is validly registered to vote and the vote was properly cast The canton clerk determines the registration of the elector is considered active or inactive The elector is qualified to vote for the particular role or on the measure
Pennsylvania Provisional Balloting Procedures	A provisional ballot is rejected or accepted when: If the board of elections determines that the elector has knowingly voted in an improper election district, the board of elections may declare the ballot to be invalid. However, absent a decision of willfulness by the elector, the board should dispose of the provisional ballot as a ballot cast in the proper county but at an improper election district and count the ballot as to those offices for which, and questions on which, the elector was qualified to vote.
Rhode Isle Rules and Regulations for Provisional Voting	A provisional ballot is rejected when: Voter not registered or in the wrong congressional district Signature on latest voter reg. grade on record does not match signature on conditional ballot application Signature on latest voter reg. class on record does not match signature on provisional election application and voter has not submitted valid ID by 4 p.m. day following election The private has cast a mail service ballot, emergency ballot or military machine election in the same election
Due south Carolina Southward.C. Code § 7-vii-910	A provisional ballot is rejected when: Instance in incorrect precinct
South Dakota S.D. Codified Laws § 12-20-5.1	A provisional ballot is rejected when: Not registered
Tennessee Tenn. Code Ann. §2-7-112	A provisional ballot is rejected when: The voter is non properly registered in that precinct The voter already voted in a different precinct
Texas Tex. Elec. Code §65.054	A conditional ballot is counted when: The person is eligible to vote in the election and has non previously voted in that election; or The person: meets the identification requirements the voter executes an affidavit under penalization of perjury that states the voter has a religious objection to existence photographed and the voter has consistently refused to exist photographed for whatever governmental purpose from the time the voter has held this belief; or executes an affidavit under penalty of perjury that states the voter does not have any identification equally a result of a natural disaster that was alleged by the president of the United States or the governor, occurred not earlier than 45 days before the date the ballot was cast; and The voter has non been challenged for any 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 past the close of normal office hours on Monday after the appointment of the election
Vermont Vt. Stat. Ann. Championship 17 § 2555 Vt. Stat. Ann. Title 17 § 2557 Vt. Stat. Ann. Title 17 § 2121	If a voter chooses to vote past conditional election, the clerk reviews the application and make up one's mind eligibility after the shut of the polls. The following eligibility conditions must be met: a citizen of the United states; a resident of the state of Vermont; has taken the voter'southward oath; and 18 years of age or more. Whatsoever person meeting the requirements of subdivisions (a)(1)-(three) of this section who will be 18 years of age on or before the engagement of a general election may annals and vote in the primary election immediately preceding that general election.
Virginia Va. Code § 24.2-653	A conditional ballot is rejected when: Not eligible to vote in precinct Unable to determine right to vote No proper ID
Washington Wash. Admin. Code § 434-262-032	A provisional ballot is rejected when: Non registered Already voted a regular ballot Signature on provisional ballot envelope does not match the voter registration record and/or they practice not present a proper ID
West Virginia West. Va. Code § iii-one-41	A provisional ballot is rejected  or countedwhen: Conditional ballots may not be counted by the election officials. The county commission shall, on its ain move, at the time of canvassing of the ballot returns, sit in session to make up one's mind the validity of any challenges according to the provisions of this chapter. If the county commission determines that the challenges are unfounded, each provisional election 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 committee shall disregard technical errors, omissions or oversights if it can reasonably be ascertained that the challenged voter was entitled to vote. Notation: Guidance on deciding whether or not to count provisional ballots is provided in the Secretary of State's manual 2014 Best Practices Guide for Canvass 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.k. the Friday afterwards the election.
Wyoming Wyo. Stat. § 22-15-105	A provisional ballot is rejected when: The voter is non on the registration rolls and is registering for the showtime time on Election Day only did not present documentation at the polls or by close of business organisation on the following day.

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

HAVA requires the country or local election official to give the person casting a provisional election information on how he or she can detect out whether the voted was counted, and, if not, the reason why not. The police force says this may exist "a toll-free telephone number or an Cyberspace website" established for that purpose.

This requirement often is reflected in country statute, rule, or in the election manual. In 2020, 45 states and Washington, D.C., provided an online tool for voters to track 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 instance, some states base of operations this timeframe on how long the voter has to prove eligibility as detailed to a higher place, or they use the same timeframe every bit the official election canvas.

Time Allotted to Make up one's mind the Condition of Provisional Ballots

State	When Provisional Ballots Are Counted
Alabama Provisional Voting in Alabama	By noon, seven days later the election.
Alaska Alaska Stat. §15.20.205	Xv days.
Arizona Elections Procedures Transmission, 2014	X business organisation days following the general federal ballot and 5 days for all other elections.
Arkansas Rules on Poll Watchers, Vote Challenges, and Provisional Voting	Forty-viii hours—15 days later on the election.
California Cal. Elec. Code § 14310	The sail shall commence no later than the Thursday following the election, shall be open to the public, and, for country or statewide elections, shall issue in a report of results to the Secretary of State. The canvass shall be connected daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed.
Colorado Colo. Rev. Stat. § 1-eight.5-105 (v)	10 days afterwards a primary or 14 days after a general election.
Connecticut Conn. Gen. Stat. § 9-232n	Not afterward than six days after the election or primary.
Delaware Del. Lawmaking tit. 15, § 4948	The 24-hour interval following an election in which provisional ballots were used, the Department shall meet to examine the conditional ballots, determine which of the ballots should be tallied in accordance with the rules stated below, and and so tally those ballots.
District of Columbia Voting by Special Ballot FAQ	Ten days after the election.
Florida Data provided by a state election official	The provisional ballot count must be completed by noon on the 3rd day afterward a chief election, and apex on the fourth mean solar day after a general election.
Georgia Ga. Code. § 21-2-419 (c) (ane)	Three days to prove identity or for canton registrar to verify registration.
Hawaii Hawaii Rev. Stat. § 11-174.five	Twenty days.
Idaho	North/A
Illinois x ILCS 5/18A-fifteen	Fourteen days following the election.
Indiana Ind. Lawmaking § 3-11.7-5-1	10 days afterwards the election.
Iowa Ballot Ambassador'southward Handbook	Thursday after Election Day.
Kansas Kan. Stat. Ann. § 25-3104 The Kansas Election Standards	Provisional ballots are counted as part of the intermediate sheet conducted by the county board of canvassers on either the Monday or 2nd Thursday following the election.
Kentucky Ky. Admin. Regs. tit. 13, § 6:020	Not later than 12 p.m., prevailing time, on the Friday following the ballot.
Louisiana La. Rev. Stat. § eighteen:566.2	Conditional ballots shall be counted on the third twenty-four hour period following the election.
Maine Me. Rev. Stat. tit. 21-A §673	Reasonable time after the election.
Maryland Maryland Country Board of Elections, Challengers, Watchers & Other Election Observers Transmission	If provisional ballot because of lack of proper ID, the voter has until x a.one thousand. on the 2nd 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'southward Manual	Six calendar days subsequently the election.
Minnesota	Northward/A
Mississippi Mississippi Poll Manager Guide	Five business organization days.
Missouri Miss. Code Ann. §115.511	Same time as official canvass, 2 weeks following the election.
Montana Mont. Code § 13-xv-107	Six days.
Nebraska Beak. Rev. Stat. § 32-1002	The verification and investigation shall be completed within seven days after the ballot.
Nevada Nev. Rev. Stat. § 293.387	6 working days following the election.
New Hampshire	N/A
New Jersey N.J. Stat. § 19:19-i	Before the Mon following the election when the Board of County Canvassers meets.
New Mexico N.M. Stat. Ann. § 1-12-vii.1	Voter has until v p.grand. on the second solar day following the election to provide proper identification.
New York N.Y. Election Law, § 9-209	No more than than xiv days after a full general or special election and no more than than eight days subsequently a master election at which such ballots are voted.
N Carolina Northward.C. Gen. Stat. § 163-182.2	Vote counting at the precinct shall occur immediately afterwards the polls shut and shall be continuous until completed.
N Dakota	N/A
Ohio Ohio Code § 3505.183	Until any hearing required to exist conducted nether section 3503.24 of the Revised Lawmaking with regard to the provisional voter is held, or until the eleventh 24-hour interval after the twenty-four hour period of the election, whichever is earlier.
Oklahoma Okla. Admin. Code 230:35-5-177	After 5 p.m. on Friday after Ballot 24-hour interval.
Oregon Or. Rev. Stat. § 254.426	Fourteen days.
Pennsylvania Near Provisional Voting	Seven days.
Rhode Isle Provisional Ballot Overview	Forty-eight hours after the election.
Due south Carolina S.C. Lawmaking Ann. § vii-13-830,  § 7-17-10, § 7-17-510	Before the board of canvassers meet, on the Thursday following a primary/runoff or the Friday following a full general or special election.
S Dakota S.D. Codified Laws § 12-20-13.2, 12-20-13.3	Seven-17 days post-obit the election, just prior to the official canvass.
Tennessee Tenn. Code Ann. §2-7-112	The counting of all provisional ballots must be completed inside iv business days of the shut of polls on Ballot Twenty-four hour period.
Texas Tex. Election Lawmaking § 65.051	Seven-xiii days.
Utah Utah Lawmaking 20A-4-301(ane)(b)	Counted during the official sheet no later than 14 days later the election.
Vermont Vt. Stat. Ann. tit. 17, § 2557	Two days subsequently the election.
Virginia Va. Code § 24.ii-653	Vii calendar days from the date of the election.
Washington Wash. Rev. Code § 29A.60.190	Fourteen-21 days later the election.
W Virginia West. Va. Lawmaking, § iii-half-dozen-9	Provisional ballots are investigated during canvass, on the fifth solar day after the election.
Wisconsin Wis. Stat. § 7.52	At iv p.m. the Friday after the election.
Wyoming Wyo. Stat. § 22-16-103	The outset Fri following the election.

Which States Do Non Utilize Provisional Ballots?

States that offered same-day voter registration at the time the National Voter Registration Human activity was enacted (1993) are too exempt from HAVA'south provisional ballot requirements. Those states are: Idaho, Minnesota, New Hampshire, Northward Dakota (which does not require voter registration although it does keep a list of voters), Wisconsin and Wyoming.

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

N Dakota, for case, uses them in cases where the hours at a polling identify take been extended. Wisconsin uses provisional ballots for same-solar day registration when a voter is not able to provide required identification. In this case, a provisional ballot is not counted until identification is shown, allowing the voter to register.

Similarly, Wyoming uses provisional ballots if the voter is non on the registration list and does not have proper identification in guild to register on Election Day, if they are challenged by a poll watcher or if there are extended polling hours. The voter is then required to provide additional information, such every bit proof of residence or identification, in order for the election to be counted. The conditional ballot will non be counted if the voter does non provide the requisite information needed for registration.

Idaho, Minnesota and New Hampshire do not issue provisional ballots at all.

Additional Resources

• Provisional Voting, The U.South. Election Assistance Committee

About This Project

The development of this webpage was generously supported past The Pew Charitable Trusts.

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

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