Chapter 8 — Provisional Ballot
A. Vote a Provisional Ballot As A Last Resort
Provisional ballots are not counted until after Election Day. In fact, provisional ballots are usually the last class of vote counted, by the 14th day after the election.
Provisional ballots are ballots with problems. Some problems can be resolved with additional information offered by the voter. Some problems will right themselves. Some problems cannot be cured and the ballot will not be counted.
If additional information is needed, the voter has 7 days after the election to provide that information at the election authority (i.e., County Clerk's Office or the local Board of Elections).
Delivering additional documentation to the election authority is an additional step that few voters are willing to take, so the ballot will remain uncounted.
While grace period registration and voting has greatly reduced the number of provisional ballots, it has not eliminated the need for provisional ballots.
A poll watcher should prefer that the voter does not vote a provisional ballot when it can be avoided; but voting a provisional ballot is ALWAYS preferable to not voting.
Some provisional ballots will cure themselves, without any further intervention from the voter:
Example
A voter enters the polling place expecting to vote in–person.
Upon examination, the election judge finds that a vote by mail ballot had been issued to the voter.
The voter states that they did receive a vote by mail ballot, but it is lost.
The election judge directs the voter to vote a provisional ballot.
At the Central Counting Location
The provisional ballot is reviewed, and no vote by mail ballot was returned.
The ballot is counted and added to the precinct total.
OR
It is found that a vote by mail ballot had been returned and has already been counted.
The provisional ballot is declined and sent to storage without opening.
Other provisional ballots require the voter to submit further documentation within seven calendar days of the election at the office of the election authority (i.e., the County Clerk's office or the office of the local Board of Elections):
Example
A person registered on line and was instructed to present identification at the polling place. That person appears at the polling place but without the required identification.
The voter chooses not to return with the required identification, but requests to vote.
The election judge directs the voter to vote a provisional ballot.
Within Seven Calendar Days After the Election
The voter presents the full identification at the office of the election authority (i.e., the County Clerk's office or the office of the local Board of Elections).
The registration is referred to the election authority for completion.
The ballot is counted and added to the precinct total.
OR
The voter declines to present the required identification.
Registration is declined.
The provisional ballot is declined and sent to storage without opening.
See: Counting Provisional Ballot Validation and Counting at the Central Counting Location