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Legal Definitions - provisional ballot

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Definition of provisional ballot

A provisional ballot is a special type of paper ballot that allows an individual to cast their vote even if there is an immediate question about their eligibility at the polling place. Instead of being counted right away, this ballot is kept separate. Election officials will later review the voter's information to confirm their eligibility. If the voter is found to be eligible, their provisional ballot is then counted. If they are found ineligible, the ballot is not counted. This system ensures that no eligible voter is turned away, while also safeguarding the integrity of the election by preventing ineligible votes from being included.

  • Scenario: Recent Address Change. Sarah recently moved to a new neighborhood within the same city and updated her voter registration online a few weeks before Election Day. When she arrives at her new polling place, her name doesn't appear on the electronic poll book for that precinct. The poll worker cannot immediately confirm her updated address in their system.

    How it illustrates the term: Sarah is given a provisional ballot because her eligibility for that specific precinct is in question due to the recent address change. She can still cast her vote, but it will only be counted after election officials verify her updated registration and confirm she is indeed eligible to vote in that precinct.

  • Scenario: First-Time Voter Registration Issue. David, an 18-year-old, registered to vote for the first time at a high school voter drive several months ago and received a confirmation email. On Election Day, he goes to his assigned polling place, but the poll workers cannot find his name anywhere on their voter rolls.

    How it illustrates the term: David is offered a provisional ballot. Although he believes he is a registered voter, the immediate records at the polling place don't confirm it. His ballot will be held until election officials can investigate why his name isn't on the list and verify his registration status. If his registration is confirmed, his vote will be counted.

  • Scenario: Discrepancy in Identification. Maria arrives at her polling place with her driver's license, but the name on her license is "Maria Rodriguez," while her voter registration is listed under her maiden name, "Maria Garcia." She explains she recently married and hasn't updated her voter registration with her new surname yet. The poll worker is unsure if the ID is sufficient to confirm her identity given the name difference.

    How it illustrates the term: Maria is provided a provisional ballot. Her identity and eligibility are in question due to the name discrepancy between her ID and her registration. Her ballot will be set aside, and election officials will later review her case, potentially cross-referencing records or asking for additional proof, to confirm that "Maria Rodriguez" is the same person as "Maria Garcia" on the voter rolls. Once confirmed, her vote will be counted.

Simple Definition

A provisional ballot is a paper ballot used by a voter when there is an issue establishing their eligibility to vote at the polling place. This ballot is kept separate and is only counted after election officials verify the voter's eligibility, ensuring they are legally entitled to cast a ballot.

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