Provisional ballot

The federal Help America Vote Act of 2002 guarantees that, in most states, the voter can cast a provisional ballot if the voter states that they are entitled to vote. Each state may set its own timing rules for when these issues must be resolved. Provisional ballots cannot usually be counted until after the day of the election.

About Provisional ballot in brief

Summary Provisional ballotThe federal Help America Vote Act of 2002 guarantees that, in most states, the voter can cast a provisional ballot if the voter states that they are entitled to vote. Each state may set its own timing rules for when these issues must be resolved. Provisional ballots cannot usually be counted until after the day of the election. The rates of rejection vary widely across the states, with some states counting all or nearly all provisional ballots while others reject more than half. In the 2018 midterm elections, both valid and invalid provisional ballots were mixed together in Florida after the initial vote count, which provided no way to be separated for the recount.

Academic research has suggested that provisional ballots tend to lean more toward the Democratic Party than the electorate as a whole. This contributes to a phenomenon, first identified by Edward Foley known as \”blue shift,\” under which Democrats increase their share of the vote as more ballots are counted.