Provisional Ballots

Provisional ballots are those ballots given to voters whose eligibility to vote has been questioned, disputed, or challenged for some reason, including: the voter's name does not appear on the registration list, the voter did not satisfy certain identification requirements, the voter's recorded name or address is incorrectly listed, election workers or private individuals committed errors. Under federal law, voters must be able to cast at least a provisional ballot if they believe they are entitled to vote. If election officials are able to verify that a voter is registered and eligible under state law, the voter's provisional ballot must be counted. State laws set forth the bulk of requirements governing provisional balloting.

The Brennan Center has worked in numerous capacities to improve the provisional balloting and related election administration processes so that eligible voters are able to cast ballots that will count. 

Wendy R. Weiser and Lawrence Norden

League of Women Voters of Ohio v. Blackwell

The Center filed suit on behalf of Ohio voters to stop Ohio Secretary of State J. Kenneth Blackwell from proceeding with the State’s plan for handling provisional ballots in the upcoming November 2 election.

Massive Participation from “Inactives” Shows Voters Shouldn’t Be Ruled Out of Elections

As of Monday night, an astonishing 16 percent of the 17,000 "inactive" voters in Pueblo County, CO had cast ballots: roughly 2,700 voters. Had Secretary of State Scott Gessler succeeded in his fight to limit ballots just to those who voted last year, these thousands would have found it much more difficult to vote.

Thaddeus Kromelis

Sean Combs & Russell Simmons Team Up

Last week, the stars got together to record voting PSAs, and the ads have been placed in several key states….

Study: New Voting Restrictions May Affect More than Five Million

New voting laws could make it significantly harder for more than five million eligible voters to cast ballots in 2012, according to the first comprehensive study of the laws’ impact.

National Council of La Raza, LWV of Florida File in Court to Stop Anti-Voter Restrictions in Florida

Today, the National Council of La Raza (NCLR) and the League of Women Voters of Florida, organizations that work to encourage and promote civic engagement among Florida voters filed an intervention motion in federal court in Washington, D.C. to oppose controversial new restrictions on voting and voter registration imposed by a new Florida law, known as H.B. 1355.

Information Ahead of Senate Hearing on State Voting Legislation Threatening Voting Rights in 2011

Ahead of Sen. Durbin’s hearing today on new state voting laws and possible threats to voting rights and voter turnout nationwide, the Brennan Center provides background information to help put the hearing in context, including a summary of the legislation passed so far, and useful links to deeper analysis.

More Press Releases

Letter to the Department of Justice Urging Denial of Preclearance for Florida Election Law Changes

The League of Women Voters of Florida, Democracia USA, the Brennan Center for Justice, and the Lawyers’ Committee for Civil Rights Under Law write the Deptartment of Justice to oppose preclearance of three sets of provisions of a new Florida law, H.B. 1355 (2011), which dramatically impact the State’s voter registration and voting processes.  All four organizations are non-partisan, non-profit entities that work to expand and protect voting rights in Florida and across the United States.

Advocacy: Letters to Election Officials

The Brennan Center submitted letters to state election officials in Arizona, Florida, Illinois, Michigan, New Mexico, Pennsylvania, Texas, and Wisconsin, urging them to issue directives and instructions against illegal or improper conduct in anticipation of the 2010 election.

Letter to Wisconsin Government Accountability Board re HAVA Checks and Provisional Ballots

Letter to the Wisconsin Government Accountability Board regarding HAVA checks and provisional ballots.

More Legislation & Testimony

Voting Rights in 2011: A Legislative Round-Up

As the 2012 election approaches, a massive crackdown on voting rights is unfolding – the most significant such assault in decades.  Millions of Americans risk disenfranchisement, blocked from casting ballots or having them count.  

Presentations on Voting Rights

Each year, the Brennan Center hosts briefings and delivers presentations on annual trends in voting rights. On this page you can access and download each presentation we have delivered.

Know Your Voting Rights Issues

Learn about all the issues facing a voter as he or she moves from the registration process to the election.

More Analysis & Commentary