Provisional Voting

The Help America Vote Act of 2002 (HAVA) establishes the right for a voter to cast a provisional ballot if:

  • Voter’s name does not appear on the official list of registered voters; or
  • An election official asserts that the voter is not eligible to vote.

Fail-Safe Voting

A fail-safe voter is a person who is a first-time voter who has mailed the voter registration application and has not provided the required HAVA identification either at the time of registration, at the polling place, or when returning a voted absentee ballot. In such a situation, the voter is able to submit a provisional ballot. The voter must provide the Clerk’s Office acceptable identification for the ballot to be counted, by the following deadlines:

Primary Election: August 14, 2018
General Election: November 8, 2018

Casting a Provisional Ballot

A voter is permitted to cast a provisional ballot upon completing a written affirmation stating that the individual is:

  • A registered voter in the jurisdiction in which the individual desires to vote; and
  • Eligible to vote in that election.

The Clerk’s Office will determine if a provisional ballot is to be counted in accordance with State Law. The voter will be able to verify if the ballot did or did not count, and the reason why it was not counted, by calling a toll-free number provided or through the Office of Elections website.


View printable Provisional Voting FACTSHEET. For complete information, please refer to HAVA, Title III, Sections 302 & 303.


Information is available in alternate formats. If you require special assistance call the Office of Elections at 808-453-VOTE (8683). Neighbor Islands may call toll free 1-800-442-VOTE (8683) or e-mail us at elections@hawaii.gov.