Chapter 8 — Provisional Ballot

C. An Annotated List of Reasons for a Provisional Ballot And Their Cure

    A person who claims to be a registered voter is entitled to cast a provisional ballot under the following circumstances:

  • (1.) The person's name does not appear on the official list of eligible voters for the precinct in which the person seeks to vote and the person has refused an opportunity to register at the polling location or another grace period registration site.

    Cure:

  • (2.) The person's voting status has been challenged by an election judge, a pollwatcher, or any legal voter and that challenge has been sustained by a majority of the election judges.

    NOTE:  Unlike other challenges which can be denied or upheld by the votes of three election judges, the challenge of a voter in which the outcome would be voting a provisional ballot, the challenge must be "sustained by a majority of the election judges".

    • In a polling place with multiple precincts, the vote would be taken by the election judges representing the precinct of the voter.
    • In early voting polling place, voting center, or special branch polling place where all precincts are represented, it is the vote of all election judges on duty.

    Cure:

    If the challenge as been sustained by a majority of election judges (with representation of both political parties), then there is no fix within the polling place.

    The voter must vote by provisional ballot and, within 7 calendar days of the election, the voter must present any required information the office of the election authority (i.e., the County Clerk's office or the office of the local Board of Elections) in order to have the ballot counted.

  • (3.) A federal or State court order extends the time for closing the polls beyond the time period established by State law and the person votes during the extended time period;

    Cure:

    Again, there is no fix for this. The provisional ballot must be cast to await the ruling of the judge. The voter will not have to submit any further supporting documents.

    • NOTE: A voter who is already in line at the time when the polls would normally close under State law, but has not yet voted when the polls close, is not required to vote a provisional ballot.
    • Voters who enter the polling place after period established by State law and who vote during the extended time period, under the court order are the voters required to vote a provisional ballot.
  • (4.) The voter registered to vote by mail and is required by law to present identification when voting either vote in person or by early voting ballot, but fails to do so;

    Cure:

      The voter must decide:
    • If they want to leave the polling place and return with the proper identification, or
    • Vote a provisional ballot.
      Within seven calendar days after the election present proper identification at the office of the election authority (i.e., the County Clerk's office or the office of the local Board of Elections) in order to have the ballot counted.
  • (5.) The voter's name appears on the list of voters who voted in–person or by mail during the early voting period, but the voter claims not to have voted during the early voting period;

    Cure:

    The voter must vote a provisional ballot.

  • (6.) The system shows a vote by mail ballot had been sent out, but the vote by mail ballot has not been returned.

    Cure:

    • If the voter has applied for, but the voter claims to have not received a vote by mail ballot, then the voter can sign an affidavit.
      See: Voter Claims To Have Never Received A Vote by Mail Ballot
    • If the voter surrenders the vote by mail ballot AND the certification/security envelope, then the voter is allowed to vote
      See: Surrendering a Vote by Mail Ballot In Order to Vote In Person
    • If the voter acknowledges receipt of the vote by mail ballot, but does not have the ballot with them to surrender or claims that the vote by mail ballot is lost or destroyed, then the voter must vote a provisional ballot.
  • (7.) The voter attempted to register to vote on election day, but failed to provide the necessary documentation.

    Cure:

    • The voter must decide if they want to leave the polling place and return with the proper identification, or
    • Vote a provisional ballot.
      Within seven calendar days after the election present proper identification at the office of the election authority (i.e., the County Clerk's office or the office of the local Board of Elections) in order to have the ballot counted.
▲
▼