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, or when returning a voted absentee ballot. In  such a situation, the voter is able to submit a provisional ballot. The voter must provide their County Elections Division acceptable identification for the ballot to be counted by the following deadlines:

Primary Election
August 22, 2022
General Election
November 15, 2022

Casting a Provisional Ballot

Prior to casting a provisional ballot, a voter must sign an 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.

Provisional ballots are kept separate, after being voted, from other ballots until after the election. County election officials must first determine if the voter is eligible to vote and whether their ballot will be counted.

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 their County Elections Division or through the Office of Elections website.

For complete information, please refer to HAVA, Title III, Sections 302 & 303.


Last Updated on March 12, 2021