Provisional Ballots
Adopted in 2002, the Help America Vote Act requires that provisional ballots be offered to:
Any voter that declares that they are a registered and eligible voter of the precinct in which they are appearing; and
Any voter whose eligibility is called into question by an election official, e.g., shown to have voted early by mail.
A voter who does not provide an acceptable form of identification.
A voter whose name on their identification is not substantially similar to the name on the official list of registered voters.
A voter whose identity cannot be verified by the identification presented.
A voter who has received a disability exemption under Section 13.002 of the Election Code, but does not have a voter registration certificate indicating such exemption.
A voter whose name does not appear on the list of registered voters and does not have a registration certificate, but states they are a registered and eligible voter of the precinct.
A voter who has applied for a ballot by mail, but has not yet properly canceled the mail ballot application.
A voter who votes during the polling hours that are extended by a state or federal court.
A voter who is registered to vote but attempting to vote in a precinct other than the one in which the voter is registered.
A voter who is on the precinct list of registered voters, but whose registered residence address is outside the political subdivision for which the voter is seeking to vote.
Texas law echoes the federal requirements, but also adds that a voter may vote provisionally if they do not have the required photo identification.
If the voter is not appearing on the list of registered voters, the election worker should inform the voter that the ballot will be counted if it is determined they are a registered voter of the precinct.
If the voter is casting a provisional ballot due to lack of an acceptable or supporting ID, the election worker should inform the voter that the ballot will only be counted if the voter appears at the voter registrar’s office and shows an acceptable ID (List A or List B), or executes a temporary affidavit (if applicable) or permanent exemption (if applicable).
The voter registrar MUST complete their review of the Provisional Ballot Affidavit Envelopes no later than the sixth day after election day. (This includes Provisional Ballot Affidavit Envelopes for ballots cast on a DRE.) – Poll watchers are not entitled to be present during the voter registrar’s review.
The voter registrar SHALL review information from the following sources to attempt to determine a provisional voter’s status:
The voter registrar’s own county voter registration files and records;
The Department of Public Safety;
Volunteer deputy registrars;
Other records that may establish the provisional voter’s eligibility (ex: responses to Notice of Address Confirmation or a Statement of Residence)
The Early Voting Ballot Board shall review both the election judge’s and the voter registrar’s notation on each Provisional Ballot Affidavit Envelope to determine whether or not the ballot should be counted.
The presiding judge of Early Voting Ballot Board may convene the board as soon as practicable after the voter registrar has begun delivery of the provisional ballots. The presiding judge MUST post notice on the bulletin board used for posting notices no later than 24 hours before the board is scheduled to meet. The board may convene while the voter registrar continues their review
A provisional ballot may NOT be counted for the following reasons:
If the election judge indicated the voter did not provide an acceptable form of identification AND the voter did not present an acceptable form of identification to the voter registrar by the sixth day after election day;
If the voter voted provisionally due to having an outstanding mail ballot that has not been canceled;
If the voter has already voted;
If the voter registrar indicated that the provisional voter is not registered to vote in the territory or the registration was not effective in time for the election;
If the voter registrar indicated that the provisional voter is registered to vote in a different precinct other than the one the voter voted in;
If the election judge indicated the voter was on the list of registered voters, but the voter’s registration address is outside of the political subdivision;
If the voter registrar indicated that an incomplete application was received from the provisional voter but the additional information was not returned
A provisional ballot MAY be counted for the following reasons:
If the voter failed to submit identification at the polling place, but the voter registrar indicated the voter presented an acceptable form identification at the registrar’s office within six days after the election;
If the voter claimed they never received their mail ballot, or they wish to cancel their mail ballot, and the voter’s mail ballot has not already been received by Early Voting Ballot Board;
If the voter registrar indicated that the voter is registered to vote but was erroneously listed in the wrong precinct;
If the voter was erroneously removed from the voter registration list and is otherwise qualified to vote;
If the voter registrar has information in the office that the voter did complete an application, and the voter is otherwise qualified.
Notice of Outcome to Provisional Voters:
Not later than the tenth day after the local canvass, the presiding judge of Early Voting Ballot Board shall deliver written notice to the provisional voter regarding the outcome of their provisional ballot. (Form 9-9) – If the provisional ballot was counted – If the provisional ballot was NOT counted, the reason the ballot was not counted. The presiding judge shall use the information provided on the Provisional Ballot Affidavit Envelope to obtain the proper mailing address and final resolution of the provisional ballot.
If the provisional ballot is to be counted using optical scan:
The manager of the central counting station shall decide whether the Early Voting Ballot Board shall manually count the ballots and manually add to the computer count for a canvass total; or
Whether the central counting station shall reconvene.
If Central Count Reconvenes:
Prior to beginning the count at central count, the manager shall run the required second logic and accuracy test. – The test must be successful. Once the ballots have been counted, the results shall be prepared in the regular manner. The manager shall prepare a certification and attach it to the returns, and place the certification and returns in envelope #1 to be delivered to the presiding officer of the canvassing board. After the count is complete, the manager shall run the required third logic and accuracy test. If the test is not successful, the count is void.
