www.eac.gov

Provisional

Ballots

October 2008
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The Quick Start Management Guide on Provisional Ballots

The Quick Start Management Guide on 

Provisional Ballots is part of a series of 

brochures designed to highlight and 

summarize the information contained in the 

chapters of the U.S. Election Assistance 

Commission’s (EAC) Election Management 

Guidelines (EMG). The goal of the EMG 

is to provide a collection of election 

management guidelines, consolidated into 

one document, to assist State and local 

election officials effectively manage and 

administer elections. These guidelines are 

solely designed to serve as a source of 

information for election officials and not as 

requirements by which they must abide. 

The content of the EMG and the Quick Start 

Management Guides has been developed in 

collaboration with State and local election 

officials and other election professionals 

who have first-hand experience managing 

elections. The EAC is grateful for their 

participation and ensuring the guidelines 

are practical and applicable for jurisdictions 

regardless of their size and resources. The 

EMG and the Quick Starts are available 

online at www.eac.gov. 

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Introduction

Section 302 of the Help America Vote Act 

(HAVA) of 2002 establishes the right for a 

voter to cast a provisional ballot if their name 

is not listed on the registration list or the 

voter’s eligibility is challenged by an election 

official. The ability to cast a provisional 

ballot is often referred to as “fail safe voting” 

in that it provides an opportunity for the 

voter to cast a provisional ballot without 

being turned away from voting, and allows 

election officials an opportunity to review 

each provisional voter’s information and 

determine eligibility following extensive 

research at the central election office. 

Furthermore, Sections 302(a)(5)(A) and 

302(a)(5) (B) of HAVA require that the 

appropriate State or local election official 

establish a free access system for voters to 

use to learn whether their vote was counted, 

and, if it was not counted, the reason why it 

was not counted; it also requires that voters 

be provided written information regarding 

this free access system at the time they cast 

their provisional ballot.

Laws for administering provisional ballots 

vary from State to State, and election 

officials have to make decisions on whether 

to count provisional ballots based on voter 

eligibility standards established in State and 

Federal law, including age, citizenship, and 

residence requirements.1 For example, in

some states a voter may cast a provisional 

ballot in any precinct in the State regardless

1 On September 13, 2005, the EAC issued “EAC Advisory 

2005-2006: Provisional Voting and Identification Requirements.” 

This advisory reviews the plain language of HAVA Section 302, 

examines the differences between traditional and provisional 

ballots and analyzes the implementation of provisional voting 

under HAVA Section 303(b). This advisory also addresses the 

impact of a state’s authority to create stricter standards than 

prescribed by HAVA upon HAVA’s provisional voting requirements. A copy of this advisory is available on the EAC’s Web 

site at: 

http://www.eac.gov/election/advisories%20and%20guidance. 
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The Quick Start Management Guide on Provisional Ballots

of where the person is registered and have 

the provisional ballot counted. In other 

States, a voter must cast a provisional ballot 

in the precinct they are eligible to vote in 

order to have the ballot counted, and other 

States count the portion of the ballot that the 

voter would have been eligible to vote if they 

had voted in the correct precinct. 

Following are recommendations to consider 

regarding the general management of 

provisional ballots.2 The recommendations 

contained in this publication should be 

vetted with Federal, State, and local laws, 

regulations, and relevant case law to ensure 

they are properly and lawfully implemented. 

Election officials should contact their State 

officials when there is a question as to 

whether a practice is permitted or prohibited 

under State law.

Educating the Public

Education efforts regarding provisional 

ballots should be conducted on an on-going

basis; provisional balloting should be 

considered not only during the weeks or 

days prior to an election but also 

throughout the election cycle. The number 

of provisional ballots issued may be reduced 

2 In 2006, the EAC published Best Practices on Provisional 

Voting. This document provides additional recommendations 

regarding provisional voting beyond those mentioned in this 

brochure, and it is available on the EAC’s Web site at 

http://www.eac.gov/election/practices. Please note that several 

of its key recommendations have been reiterated in this brochure as they are still applicable.

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by planning in advance and keeping voters 

informed of requirements that impact their 

eligibility to register and vote. Consider 

these recommendations:

 • Define what a provisional ballot is 

 and how it is used in your State, and

 provide answers to the most 

 frequently asked questions that may

 lead a voter to be issued a provisional

 ballot, for example: 

 – Am I registered to vote? Where?

 – What is the deadline to register to

 vote?

 – What is my party affiliation? 

 – Where is my polling place?

 – Is identification required at the 

 polls? If yes, what are acceptable

 forms of identification?

Make this information readily available on 

your Web site, informational/education 

publications, media announcements, etc. 

Partner with other counties and your State’s 

election offices to develop uniform and 

consistent messages regarding provisional 

ballots. Talk with your State’s election office 

to learn what voter education activities they 

are or will be conducting in your State and 

how your office can participate.

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The Quick Start Management Guide on Provisional Ballots

 • Develop educational materials on 

 provisional voting that are clear, simple, 

 and easy to use. Use these materials 

 to inform the media, candidates, and 

 the voters regarding the purpose, 

 process, and procedures for managing 

 provisional ballots. Develop these 

 materials in formats that are accessible 

 to all voters, including voters with 

 disabilities, Native American and 

 Alaska Native, and voters with limited 

 proficiency in the English language; 

 work with representatives from these 

 groups to ensure the information is 

 clear, accurate, and accessible. Make 

 sure to post this information on your 

 agency’s Web site and encourage 

 community groups to link to this 

 information.

Tip: Be sure to reinforce that all 

provisional ballots eligible to be counted 

will be included in the final official vote totals.

 • Prominently post and widely distribute 

 provisional voting and administrative 

 complaint procedures before, during, 

 and after each election to ensure that 

 voters know their provisional voting 

 rights and what to do if they believe 

 their right to vote was denied.

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 • Take advantage of mandated mailings

 (e.g. sample ballots and/or registration 

 certificates) to educate voters about 

 provisional ballots and notify them of 

 the need to update their voter 

 registration record to reflect a change 

 in name, address, or party affiliation. In 

 states where voter guides and sample 

 ballot publications are required, include 

 additional information about the use of 

 provisional ballots and how they are 

 processed.

 • Inform voters about Federal and State 

 laws regarding voter identification. In 

 states that require voters to provide 

 identification in every election, educate

 the voters and train poll workers on the 

 various types of acceptable 

 identification. 

 • Publicize changes in polling locations 

 to voters, candidates, and the media. 

 Consider mailing notices to voters 

 informing them of their polling place 

 location prior to every election cycle. 

 Post this information on your local 

 jurisdiction’s Web site and utilize an 

 interactive voice response (IVR) phone 

 system to provide this information 

 to voters. 

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The Quick Start Management Guide on Provisional Ballots

Tip: Develop a public access portal on your 

jurisdiction’s Web site, allowing a voter to 

determine if they are registered to vote, 

view their polling place location, and to view 

and print their sample ballot. For ideas 

on how to develop a voter portal, contact 

your State’s election office to explore what 

resources exist at the State level that can 

be of assistance to your county or how you 

can partner with them in this effort. Several 

State and local jurisdictions have already

developed public access portals and these 

can serve as models for your own; do not be 

afraid to contact these election officials and 

ask them about their lessons learned 

and best practices. 

 • Develop specific media and voter 

 outreach efforts for primary elections to

 educate voters about your State’s law 

 on party affiliations (e.g. open, closed, 

 and modified primaries), which may 

 impact a voter’s eligibility to vote. Keep 

 in mind that these rules vary from State 

 to State and voters are often caught off 

 guard if they have recently moved to 

 your State.

 • Notify the media and candidates that if 

 the vote totals are close in any race or 

 question on election night, the 

 provisional ballots may impact the final 

 outcome of the race/question. Remind 

 the media and candidates that election 

 night results are unofficial; inform them 

 that the provisional ballots are

 processed after election night and prior 

 to the canvass where the vote totals are 

 declared “Official Final Results.”

Training Poll Workers and Staff

 • Provide hands on training to poll 

 workers on how to issue and process

 provisional ballots. Utilize real Election

 Day scenarios so the poll workers may 

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 have an opportunity to think through 

 the procedures and policies and 

 actually complete the necessary 

 paperwork prior to an actual election. 

Tip: Consider training and assigning specific 

poll workers to manage provisional ballots on 

Election Day.

 • In States where provisional ballots are 

 counted ONLY when cast in the voter’s 

 own precinct, train poll workers to 

 direct voters to the correct precinct, 

 explaining the consequences of not 

 doing so. However, if it is not possible 

 for the voter to go to the correct polling 

 place or he still wishes to cast his vote 

 at the incorrect site, ensure that the poll 

 workers issue the voter a provisional 

 ballot and inform the voter of how to 

 find out if their ballot was counted. 

 • Remind poll workers that voters have a 

 right to request assistance when voting, 

 including when casting provisional 

 ballots.3

 • Review and evaluate the forms and 

 tools provided to polling places for 

 processing provisional ballots. Make 

 every effort to develop forms that are 

 easy to use and understand – for both 

 the poll workers and the voters. 

Tip: Produce provisional ballots and 

envelopes with a design and/or color that is 

different from a regular ballot.

 • Recognize that countywide street

 indexes can be confusing and difficult 

 for poll workers to use; consider 

 providing laptop computers or palm 

 pilots at polling places for use in 

3 Under Section 208 of the Voting Rights Act, any voter that

requires assistance to vote by reason of blindness, disability, or 

inability to read or write may be given assistance by a person of 

the voter’s choice, other than the voter’s employer or agent of 

the employer or officer or agent of the voter’s union.

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 looking up addresses to quickly direct 

 voters to the correct polling place.

Managing Election Day

 • Staff a call center with trained 

 temporary employees who have access 

 to the voter registration software to 

 look up the voter information to answer 

 the routine questions: Am I registered 

 to vote? Where do I vote? 

 • Ensure that each polling place has 

 sufficient supplies for conducting 

 provisional voting (e.g. ballots, 

 envelopes,handouts, etc.) Have a 

 strategy in place for deploying 

 additional materials to polling places in 

 cases of emergencies or shortage of 

 ballots.

 • Review the layout and staffing level of 

 all polling places, particularly polling 

 places where multiple precincts are 

 assigned. Place greeters at the polling 

 place entrance and provide them maps 

 so they may help voters determine if 

 they are in their correct polling location 

 and/or provide them directions. 

 • Prominently post easy-to-read voter

 information about provisional ballots, 

 voter ID requirements, and other related 

 topics at the polling place. For 

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 jurisdictions that provide information in

 multiple languages and/or formats, 

 ensure the translated materials and/or 

 formats are also prominently displayed 

 next to the English or original materials.

 • Have a plan in place in each polling 

 location that permits regular voters to 

 continue to be processed while 

 managing provisional voters at a 

 separate table or location within the 

 polling place. 

Tip: Consider setting up a separate area for 

processing provisional voters. Immediately 

direct those voters to that table. Provide 

a separate provisional ballot sign in sheet, 

booklet, or roster and separate voting area 

(booth and/or voting machine) and/or ballot 

box for provisional ballots only. 

 • Important: The secrecy of a provisional 

 voter’s cast ballot must be safeguarded 

 at all times. 

 • Provide a place for the voter to 

 complete their provisional ballot in 

 privacy. 

 • Be sure that provisional ballots are not 

 co-mingled with regular voted ballots.

 • Provide an informational handout to the 

 voter describing provisional ballots and 

 notifying the voter how to find out if 

 their ballot was counted.

Researching and Processing 

Provisional Ballots

 • Begin by auditing the provisional ballots

 for each polling place. Suggested steps 

 would include, but not be limited to:

 – Count the number of sealed 

 provisional ballots from each 

 polling place and balance that 

 number to the provisional 

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 signature sheet, booklet, or roster 

 signed by the provisional voters.

 – Confirm that the correct polling

 place and precinct number are 

 written on each provisional

 envelope.

 – Note and resolve any discrepancies 

 before moving the provisional 

 ballots to a central staging area.

 • Count the number of provisional ballots

 cast and publicize the number by 

 district, if possible.

 • Establish a work flow for processing 

 the provisional ballots. The following is 

 an example work flow:

 – Verify eligibility – “Is the voter

 registered in your jurisdiction?”

 – Determine if the voter cast their 

 ballot in the correct polling place 

 and/or precinct? “Did the voter 

 vote the correct ballot style?” If 

 not, does State law provide for 

 counting a portion of the ballot that 

 the voter would have been eligible 

 to vote had they voted the correct 

 ballot style? 

 – Did the voter move within your 

 jurisdiction? If so, review State

 statutes regarding whether the 

 ballot is eligible to be counted. 

 Does State law require the voter to 

 vote in the new precinct? Can the 

 ballot be counted if the voter voted 

 in his/her old precinct? Can a 

 portion of the ballot be counted if 

 the voter was given the wrong 

 ballot style? If the voter voted at 

 his/her new polling location, have 

 you checked the roster of the old 

 polling location to validate that the
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 voter did not vote twice on Election 

 Day? 

Tip: Develop a checklist and train staff to 

process each provisional ballot by using the 

checklist. Staple the checklist to the front of 

each provisional ballot envelope to provide 

a history of the research process. Provide a 

space for staff initials to validate processing 

of each provisional ballot.

 – Be sure to double check all of the 

 provisional ballots deemed not 

 eligible to be counted. These 

 ballots should be reviewed and 

 initialed by two staff members.

 • Standardize procedures within each 

 State. Consider developing a matrix to 

 document the rules for counting and 

 not counting provisional ballots. Cite 

 each controlling State statute by 

 reference within the matrix. Post the 

 matrix on your local jurisdiction’s Web 

 site and make it available at the 

 canvass.

Reporting the Outcomes

 • Provide a method for voters to

 determine the status of their provisional

 ballot. Remember that Section

 302(a)(5)(A) of HAVA requires the

 establishment of a free access system

 for voters to use to learn whether their 

 vote was counted, and, if it was not 

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The Quick Start Management Guide on Provisional Ballots

 counted, the reason why it was not 

 counted.

 • Provide feedback to poll workers 

 regarding how many provisional ballots 

 were cast at their polling location and 

 how many were able to be counted. 

 This provides an opportunity for poll 

 workers to understand that their actions 

 on Election Day can impact whether a 

 voter’s provisional ballot is eligible to 

 be counted.

Collecting and Using Statistics

 • Report statistics by type of provisional 

 ballot voted, by precinct, and by polling 

 place. Within these categories, report 

 the number of ballots that were counted

 and not counted, including the reasons 

 for rejection.

 • Use this information during post-

 election debriefing sessions to review 

 and make recommendations for 

 changes or modifications in forms, 

 supplies, poll worker training, 

 processing procedures, and voter 

 outreach. 

 • Provide a written summary of the 

 provisional ballot statistics to your State 

 election office. Collect and archive 

 these statistics for every election. Use

 these statistics for forecasting future 

 budgetary needs and for requesting 

 changes in State and Federal election 

 laws.

Tip: The systematic collection of Election 

Day statistics, including provisional ballots, 

allows you to consistently evaluate the 

effectiveness of your election procedures 

and helps you assess changes from one 

election to the next. It will also help you 

to easily produce and provide data that is 

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frequently requested by the media, State and 

Federal agencies, and community groups.

 • Track the total number of provisional 

 ballots issued by category and quantity. 

 Problem-solve the reasons and 

 brainstorm solutions in an effort to 

 reduce the number of provisional 

 ballots.

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For information regarding this publication or to 

request additional copies at no cost, please contact: 

Address 

U.S. Election Assistance Commission 

1201 New York Avenue, NW, Suite 300 

Washington, DC 20005

Attn: Election Management Guidelines

Telephone

(202) 566-3100 

(866) 747-1471 (toll free)

Fax

(202) 566-3127

E-mail Address

HAVAinfo@eac.gov

Website

www.eac.gov

The EAC is an independent bipartisan commission created by 

the Help America Vote Act of 2002 (HAVA). It is charged with 

administering payments to states and developing guidance to 

meet HAVA requirements, implementing election administration 

improvements, adopting voluntary voting system guidelines, 

accrediting voting system test laboratories and certifying voting 

equipment and serving as a national clearinghouse and resource 

of information regarding election administration.

UNITED STATES OF AMERICA

ELECTION ASSISTANCE COMMISSION