Chapter 10 — Most Common Problems
G. Voting A Provisional Ballot
1. 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
2. What the Poll Watcher Is Looking For
If the election judge has not done so fully, a poll watcher should accompany the voter out of the polling room and take the time to explain to the voter steps it will take to have the ballot counted.
Once it is decided that the voter must vote a provisional ballot, the poll watcher is watching for four things.
- First, that in addition to filling out the provisional ballot envelope and affidavit, that the election judge includes the reason for voting a provisional ballot AND what information the voter provided to support their case to vote.
- Second, that the completed ballot is not placed in the ballot box/tabulator, but is returned to the election judge.
- Third, that the ballot is sealed in the provisional ballot envelope.
- Fourth, that the voter is given a copy of the affidavit and instructed on how to provide additional information to the election authority, if needed.
A poll watcher should make sure that no voter who votes a provisional ballot leaves the polling place without:
- A copy of their provisional ballot affidavit.
- Precise, written instruction on what, if anything, the voter needs to do to ensure the provisional ballot is counted.
- Instructions that additional information, if needed, can be submitted to the election authority by end of business 7 (seven) days after of the election.
- The name and location — including room number — of that election authority.
- Instructions on how to access the Illinois Board of Elections Provisional Voting Verification System website to ascertain whether the provisional vote was counted in the official canvass of votes for that election and, if the vote was not counted, the reason that the vote was not counted.
3. An Annotated List of Reasons for a Provisional Ballot And Their Cure
Who Can Vote a Provisional Ballot?
- 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.
- 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.
- (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.