Provisional ballot
Encyclopedia
A provisional ballot is used to record a vote when there are questions in regards to a given voter's eligibility. A provisional ballot would be cast when:
Whether a provisional ballot is counted is contingent upon the verification of that voter's eligibility. Many voters do not realize that the provisional ballot is not counted until 7–10 days after election so their vote does not affect the calling of the states to different candidates.
A guarantee that a voter could cast a provisional ballot if he or she believes that they are entitled to vote was one of the guarantees of the Help America Vote Act
of 2002.
to have observers at polling places is old. One of the established roles for such observers is to act as challengers, in the event that someone attempts to vote at the polling place who is not eligible to vote.
When a voters right to vote was challenged, state laws typically
allowed them to cast a challenged ballot. After the polls closed, the canvassing board was then charged with examining the challenged ballots and determining whether the challenge was to be upheld or not.
The right to a provisional ballot, as enacted by the Help America Vote Act, brings a degree of uniformity to the array of various challenged ballot rules enacted by various states.
In the 2004 US Presidential Election, controversy arose out of arguments regarding the interpretation of the criteria for determining the eligibility of voters using provisional ballots. Many allege that these discrepancies of interpretations, particularly in Ohio
, may have been a deciding factor in the outcome of the election. In the 2004 election, at least 1.9 million provisional ballots were cast, and 676,000 were never counted due to various states' rules on counting provisional ballots.
Studies of the use of provisional ballots in the 2006 general election in the United States
show that around 21% of provisional ballots were rejected, where the majority of rejected ballots were cast by registered voters and the majority of rejections were for reasons that were preventable.
2004 US Election
In the 2004 US Election 35.5 percent of all provisional ballots cast were discarded for various reasons. This meant a total of 675,676 votes were not counted. See 2004 EAC report here.
2006 US Election
In the 2006 US Election 20.5 percent of all provisional ballots cast were discarded for various reasons. This meant a total of 170,872 votes which were cast provisionally were not counted. See 2006 EAC report here.
- The voter refuses to show a photo ID (in regions that require one)
- The voter's name does not appear on the electoral roll for the given precinct.
- The voter's registration contains inaccurate or out-dated information such as the wrong address or a misspelled name.
- The voter's ballot has already been recorded
Whether a provisional ballot is counted is contingent upon the verification of that voter's eligibility. Many voters do not realize that the provisional ballot is not counted until 7–10 days after election so their vote does not affect the calling of the states to different candidates.
A guarantee that a voter could cast a provisional ballot if he or she believes that they are entitled to vote was one of the guarantees of the Help America Vote Act
Help America Vote Act
The Help America Vote Act , or HAVA, is a United States federal law which passed in the House 357-48 and 92-2 in the Senate and was signed into law by President Bush on October 29, 2002. Drafted in reaction to the controversy surrounding the 2000 U.S...
of 2002.
History
The right of political partiesPolitical Parties
Political Parties: A Sociological Study of the Oligarchical Tendencies of Modern Democracy is a book by sociologist Robert Michels, published in 1911 , and first introducing the concept of iron law of oligarchy...
to have observers at polling places is old. One of the established roles for such observers is to act as challengers, in the event that someone attempts to vote at the polling place who is not eligible to vote.
When a voters right to vote was challenged, state laws typically
allowed them to cast a challenged ballot. After the polls closed, the canvassing board was then charged with examining the challenged ballots and determining whether the challenge was to be upheld or not.
The right to a provisional ballot, as enacted by the Help America Vote Act, brings a degree of uniformity to the array of various challenged ballot rules enacted by various states.
Potential Problems
At their best, provisional ballots provide voters who would otherwise be turned away from the polls to have their votes counted, but at their worst, the offer of a provisional ballot can be "a way to brush off troublesome voters by letting them think they have voted." It is possible for parties to force certain voters to cast provisional ballots so they can suppress the vote total of an opponent being counted on election night.In the 2004 US Presidential Election, controversy arose out of arguments regarding the interpretation of the criteria for determining the eligibility of voters using provisional ballots. Many allege that these discrepancies of interpretations, particularly in Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, may have been a deciding factor in the outcome of the election. In the 2004 election, at least 1.9 million provisional ballots were cast, and 676,000 were never counted due to various states' rules on counting provisional ballots.
Studies of the use of provisional ballots in the 2006 general election in the United States
United States general elections, 2006
The 2006 United States midterm elections were held on Tuesday, November 7, 2006. All United States House of Representatives seats and one third of the United States Senate seats were contested in this election, as well as 36 state governorships, many state legislatures, four territorial...
show that around 21% of provisional ballots were rejected, where the majority of rejected ballots were cast by registered voters and the majority of rejections were for reasons that were preventable.
Number of Provisional Ballots Not Counted in US Elections
According to the Election Assistance Commission thousand's of provisional ballots are not counted each election.2004 US Election
In the 2004 US Election 35.5 percent of all provisional ballots cast were discarded for various reasons. This meant a total of 675,676 votes were not counted. See 2004 EAC report here.
2006 US Election
In the 2006 US Election 20.5 percent of all provisional ballots cast were discarded for various reasons. This meant a total of 170,872 votes which were cast provisionally were not counted. See 2006 EAC report here.
Reasons for rejection
The most common reason for rejection of provisional ballots is due to voters who have been purged off the voting rolls. 44 percent of those provisional ballots rejected in 2006 were due to this factor.External links
- "Provisional ballots could decide election" (The Cincinnati EnquirerThe Cincinnati EnquirerThe Cincinnati Enquirer, a daily morning newspaper, is the highest-circulation print publication in Greater Cincinnati and Northern Kentucky. The Cincinnati Enquirer, a daily morning newspaper, is the highest-circulation print publication in Greater Cincinnati (Ohio) and Northern Kentucky. The...
) - "KERRY WON OHIO - JUST COUNT THE BALLOTS AT THE BACK OF THE BUS" (by Greg PalastGreg PalastGregory Allyn Palast is a New York Times-bestselling author and a freelance journalist for the British Broadcasting Corporation as well as the British newspaper The Observer. His work frequently focuses on corporate malfeasance but has also been known to work with labor unions and consumer...
) - "20 Crucial Electoral Votes May Be Stuck in Limbo" (Washington Post)