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Provisional Ballot Voting

A provisional ballot (a contingency ballot that enables a person who is, for some reason or another, not listed on the voter rolls to cast a ballot for federal candidates) must be given to anyone who declares:

• that they are registered to vote in the jurisdiction that they are trying to vote in and
• that they are eligible to vote in an election for federal office.

Many people were turned away from the polls during the 2000 Presidential election. People who knew that they were registered to vote and had identification, for some reason or another, taken off the voter rolls; others were turned away because of improper identification.

HAVA addresses these problems in Section 302, "Provisional Voting and Voting Information Requirements." Nonprofit organizations can make sure that the procedures laid out in Section 302 are fully implemented in their state. There is a huge gap between writing a law and implementation. Nonprofits are in a perfect position to fill the gap and ensure that every eligible voter gets to cast a ballot on Election Day.

Provisional Ballot Requirements

If a person declares that they are registered to vote in the jurisdiction that they are trying to vote in and that they are eligible to vote in an election for federal office then they must be given a provisional ballot. This person must first sign a written affirmation that they are both a registered voter within the jurisdiction and that he/she is also eligible to vote in that election. Upon signing a waiver, the person should receive a provisional ballot that will enable them to cast a vote for federal candidates. After he or she casts a vote the provisional ballot and signed waiver are to be given to the appropriate state or local election official for immediate verification of eligibility. The official who receives the provisional ballot and waiver will determine eligibility by finding whether the person, by state law, is permitted to vote. If the person is eligible under state law to vote, then the individual's provisional ballot must be counted.

If a person does not receive a provisional ballot after they declare that they are registered to vote in the jurisdiction that they desire to vote in and that they are eligible to vote in an election for federal office, then a complaint must be filed. Please refer to number 6 in the article "How Nonprofits Can Help America Vote in Their Own Communities" to find out about HAVA mandated complaint procedures.

Visit Vote Watch for more information about how you can help "keep an eye on elections."