What is Provisional Voting?
Provisional Voting in Illinois
Generally, provisional voting allows a voter whose voting eligibility has been disputed to
vote on Election Day. Provisional voting occurs in the following circumstances:
- When election judges have no record of the individual (name does not
appear on the precinct list) and the individual declines the opportunity to
register at the polling place or another location; - When a voter’s voting status has been successfully challenged;
- When a voter registered to vote by mail and fails to provide identification
- as required; or
- When a court order extends the time for closing the polls.
- When the voter’s name appears on the list of voters who voted during the early
- voting period, but the voter claims not to have voted during the early voting
- period.
- When the voter received a vote by mail ballot and did not return the vote by mail
- ballot to the election authority yet shows up to vote on Election Day.
- When the voter attempted to register on Election Day but failed to provide the required documentation.
The procedures for provisional voting can be summarized as follows:
- The voter fills out an application to vote;
- The election judge signs the “provisional voter affidavit” and marks the reason the voter is issued the provisional ballot. The original affidavit stays with the “provisional ballot envelope” and the copy goes to the voter. The election judge places the originally written affidavit in a self-adhesive clear plastic packing list envelope that must be attached to a separate envelope marked as a “provisional ballot envelope”. The election judge shall also place any information provided by the person who casts a provisional ballot in the clear plastic packing list envelope.
- If the voter presents information to support the claimed right to vote, it stays with the original affidavit.
- The voted ballot is sealed in the “provisional ballot envelope” which is then returned to the election judges.
- The election judges then deposit the “provisional ballot envelope” into a securable container.
- The voter is then given information on how to submit additional information (must be received by the election authority within 7 calendar days after the election) and how to determine after the election if their vote was counted.
These ballots are kept in a separate, securable container until voter eligibility is determined, by the election authority, after Election Day. Further, provisional ballots that are cast after 7:00 p.m. due to a court order are kept separate even from other provisional ballots.
The election authority has 14 days after the election to determine the voter’s eligibility.
The eligible provisional ballots are then counted and added to the Election Day results.
If it is determined that the voter was not registered at the address the voter provided and his or her vote is therefore not counted, the provisional voter affidavit is processed as a registration application.