Provisional Ballots

PROVISIONAL BALLOTS FORM part of the electoral reform process that emerged following the voting difficulties encountered in the 2000 U.S. presidential election. Provisional ballots fall under the guidelines of the Help Americans Vote Act, Public Law 107–252, of 2002. The provisional ballot forms part of a general process to guarantee voting rights to all, and to ensure transparency so that those eligible to vote are not denied because of local procedural or mechanical irregularities. By creating such a system, eligible voters can deliver their vote as a provisional ballot if they satisfy individual state and precinct rules. These new federal guidelines are outlined in the legislation. Each state has therefore introduced new procedures to meet these contingencies.

In practice, provisional ballots offer a method to reduce the number of people who wanted to vote, but were denied the opportunity due to certain voting rules and procedures. Under the provisional system, a voter can vote if they claim to be registered, but do not appear on a particular voting list. They might also be given a provisional ballot as a first-time voter who lacks proper identification at the time of voting.

Those who have applied to vote by mail, but have not been issued a postal ballot or have not returned one, can use provisional ballots. The provisional ballot might also be used by those attempting to vote in a precinct other than the one they had originally registered in, or by a potential voter who is on a polling list, but whose address falls outside of a specific voting precinct. In addition, voters trying to vote in precincts with extended polling hours might use the provisional ballot.

The principle behind the provisional ballot is to close those gaps that have excluded certain individuals from the voting process, and to increase voter participation. This type of ballot potentially eliminates voter rejection because of registration issues, particularly, omission from polling lists or improper identification requirements for specific districts. Those whose previous political party registration makes them ineligibile for a primary election might use the provisional ballot. There could also be specific court action at either the federal or state levels that allows a provisional ballot to be issued.

The provisional ballot contains the same information on candidates as the normal ballot, but will be distinguished by a different color and labeling to show it is a provisional ballot; this might include a separate provisional ballot envelope. The local board of elections will then have a short period of time (normally 10 days for a primary election and 14 days for a general election) to determine if the provisional ballot is legitimate and, therefore, should be included in the total election count. The provisional ballot can be denied or challenged if it does not conform to other registration requirements, such as the voter not appearing on any acceptable registration list, wrong precinct or address information, and inaccurate or fraudulent documentation of identity, residence, or eligibility.

As the law states, the provisional ballot was established: