A Provisional Ballot, also known as a Challenge or Affidavit Ballot, is used when a Person’s Eligibility to Vote cannot be Proven at the Polls on Election Day. If, after the Election, Administrators determine that the Person who cast the Provisional Ballot was eligible to Vote, that Vote is Counted.
The Help America Vote Act of 2002 (HAVA) requires most States to have a Provisional Balloting process.
The Act includes Exceptions for States that have same-day Voter Registration or No Voter Registration requirement, when the National Voter Registration Act of 1993 was enacted.
Those States include Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming. Currently, every State except Idaho and Minnesota has established a Provisional Voting process.
Although Federal Law mandates Provisional Voting processes, the States define them, and Provisional Balloting can vary widely from State to State.
According to the U.S. Election Assistance Commission’s (EAC) Election Administration and Voting Survey 2020 Comprehensive Report (EAVS), States reported that the most common reasons for offering Provisional Ballots included:
- An Election Official Challenging the Voter’s Eligibility to Vote.
- The Voter Not on the List of Eligible Voters.
- The Voter lacking Proper Identification.
- The Voter not Residing in the Precinct in which they were attempting to Vote.
- Another Person, not an Election Officer, Challenging a Voter’s Eligibility to Vote.
According to the 2022 EAVS Report, the percentage of Provisional Ballots has Declined in recent years, with 0.5% of Voters who cast a Ballot in 2022 using a Provisional Ballot, 0.8% in 2020, and 1.3% in 2018.
According to the Report, the Total Number of Provisional Ballots cast also Declined from 1.9 million in 2018, 1.7 million in 2020, and roughly 702,000 in 2022.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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