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History Behind Provisional Voting in California
Free Access System

If your name is not on the voter list at your polling place, you have the right to vote a provisional ballot.

What Is a Provisional Ballot?

A provisional ballot is a regular ballot that is placed in a special envelope prior to being put in the ballot box.

Who Casts a Provisional Ballot?

Provisional ballots are ballots cast by voters who:

Believe they are registered to vote even though their names are not on the official voter registration list at the polling place.
Vote by mail and instead want to vote at their polling place or a vote center, but they did not receive their ballot or do not have their ballot with them (and the elections official is unable to verify that they have not returned their vote-by-mail ballot).

What Happens After You Cast a Provisional Ballot?

Your provisional ballot will be counted after elections officials have confirmed that you are registered to vote in that county and you did not already vote in that election.

You may vote a provisional ballot at any polling place in the county in which you are registered to vote, however, only the elections contests you are eligible to vote for will be counted.

How Can You Check The Status of Your Provisional Ballot?

Every voter who casts a provisional ballot has the right to find out from their county elections official if the ballot was counted and, if not, the reason why it was not counted.

Visit www.sos.ca.gov/elections/ballot-status for a list of county contacts and information on how to check the status of your provisional ballot.

History Behind Provisional Voting in California

While provisional voting may be relatively new in some areas of the country, California's provisional voting statutes have been in effect since 1984.

Provisional voting exists in California for two fundamental reasons:

First, provisional voting ensures that no properly registered voter is denied their right to cast a ballot if that voter's name is not on the polling place roster due to a clerical, processing, computer, or other error.

Second, provisional voting allows elections officials to ensure that no voter votes twice, either intentionally or inadvertently, in a given election.

The most common circumstances when an elections official will ask a voter to cast a provisional ballot are:

First-time voters. Under federal law, a person who is voting for the first time in a federal election is required to provide proof of identification, even if their name is on the polling place roster. If the voter cannot provide proof of identification, the voter will be asked to cast a provisional ballot. The elections official will verify the voter's eligibility by comparing their signature on the provisional ballot envelope with the signature on their voter registration form and if the signatures match, then the ballot will be counted. (Elections Code sections 14310(c), 15350, and 3019.)
Vote-by-mail voters who appear in person. In this instance, the voter's name is on the polling place roster and the roster notes the voter requested a vote-by-mail ballot. However, the voter states they didn't receive the ballot, lost the ballot, or spoiled the ballot and doesn't have it with them. After the voter casts a provisional ballot, the elections official will check the records to ensure that the voter did not cast their vote-by-mail ballot. If this is the case and the voter's signature on the provisional ballot envelope matches the signature on the voter's registration card, then the voter's provisional ballot will be counted. (Elections Code sections 3016, 14310(f), 15350, 15100 et seq.) If the voter did vote and return their vote-by-mail ballot before the close of polls on Election Day, then the vote-by-mail ballot will be counted and the provisional ballot will not be counted. If the voter did vote and return their vote-by-mail ballot but failed to sign the vote-by-mail ballot envelope, then the voter's provisional ballot will be counted, provided they complied with the instructions associated with the provisional ballot.
Voters who have moved within their county without re-registering to vote. The voter's name is not on the polling place roster because they moved within the county but did not re-register to vote. This also happens when a voter updates their driver's license with the Department of Motor Vehicles (DMV) but the DMV's computer system doesn't update the voter's registration information, as it is required to do by law. In either instance, the voter is entitled to vote a provisional ballot at the polling place based on their current address. The elections official is required to count the ballot if the voter's signature on the provisional ballot envelope matches the signature on the voter's prior registration form. The elections official is then required to re-register the voter at their new address for all future elections. (Elections Code sections 14310, 14311, 15350, 15100 et seq.)
Voters who are not on the polling place roster for an unknown reason. Should this occur, the elections official will check the county's official registration records after Election Day. If the voter was properly registered to vote in the county and in the precinct in which they voted, their provisional ballot will be counted. If the voter was registered to vote at another address in the county, their votes will be counted in the races they voted on as if they were voting in their home precinct (i.e., their votes for U.S. President, statewide, and countywide measures will be counted, but their votes in a city council race may not be counted if the precinct they're registered in is in a different city council district than the one in which they cast a ballot). If the voter is not registered to vote or is registered to vote in another county or state, their ballot will not be counted in part or in whole. (Elections Code section 14310(c)(3).

Both federal and state law permit any voter who cast a provisional ballot to find out if their ballot was counted and Elections Code section 2142 gives voters the right to go to court in order to compel county elections officials to register them to vote and to count their ballot.

No provisional ballot is counted or precluded from being counted until the elections official goes through the detailed process to determine whether a voter's provisional ballot should be counted. (Elections Code sections 14310-14311, 15350, and 15100-15112.)

Equally important, every provisional ballot -- whether it is counted or rejected -- and provisional ballot envelope is kept by the the elections official for a minimum of 22 months for every election in which a candidate for federal office is on the ballot. (Elections Code sections 17300-17506.)

Free Access System

The Help America Vote Act of 2002 (HAVA) requires each state or local elections official to establish a "Free Access System," such as a toll-free telephone number for voters to call or an Internet website that voters can access free of charge, to ascertain if they voted a provisional ballot at the polls, whether or not their vote was counted, and, if it was not counted, the reason why it was not counted.

Each county elections office has established a free access system for voters to determine if their provisional ballot was counted and, if it was not counted, the reason why it was not counted. Information on each county elections official's free access system can be found at Ballot Status.

Know your rights Back to Know Your Rights main page

Learn more about how to exercise your voting rights, resist voter intimidation efforts, and access disability-related accommodations and language assistance at the polls. For help at the polls, call the non-partisan Election Protection Hotline at 1-866-OUR-VOTE.

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States have different voter registration deadlines and requirements, so make sure you are registered well in advance of Election Day. Voter registration deadlines vary and some states allow individuals to register for the first time and cast ballots on Election Day.

What to do

Check your registration status at Can I Vote.
If you are not registered to vote, go to vote.gov to find your options. This link will provide information about your registration options, which may include online registration.

Every state offers options to vote in-person on Election Day, even those that primarily conduct elections by mail.

What to do

Your state may require you to bring an ID or bring documents to show your residence, especially if you’re voting for the first time. Make sure you’re prepared.

What to do

If you cannot vote in-person on Election Day, you may be able to vote early or by absentee vote-by-mail ballot.
Some states allow any voter to vote absentee; others have stricter requirements.

Learn about your options to exercise absentee or early voting in your state.
Keep in mind that the deadline to request an absentee ballot may be before Election Day.

If the polls close while you’re still in line, stay in line – you have the right to vote.
If you make a mistake on your ballot, ask for a new one.
If the machines are down at your polling place, ask for a paper ballot.
If you run into any problems or have questions on Election Day, call the Election Protection Hotline:
- English: 1-866-OUR-VOTE / 1-866-687-8683
- Spanish: 1-888-VE-Y-VOTA / 1-888-839-8682
- Arabic: 1-844-YALLA-US / 1-844-925-5287
- For Bengali, Cantonese, Hindi, Urdu, Korean, Mandarin, Tagalog, or Vietnamese: 1-888-274-8683

Voters are entitled to a provisional ballot, even if they aren’t in the poll book.
After Election Day, election officials must investigate whether you are qualified to vote and registered. If you are qualified and registered, they will count your provisional ballot.

Ask the poll worker to double check for your name on the list of registered voters. Make sure to spell your name out for the poll worker.
If your name is not on the list, ask if there is a supplemental list of voters.
If the poll worker still cannot find your name, confirm that you are at the correct polling place:
- Request that the poll workers check a statewide system (if one is available) to see if you are registered to vote at a different polling place.
- If the poll worker does not have access to a statewide system, ask them to call the main election office.
- You can also call 1-866-OUR-VOTE and ask for help verifying your proper polling place.
- If you are registered at a different location, in most instances you will have to travel to that location to cast a regular ballot.
If the poll worker still cannot find your name or if you cannot travel to the correct polling place, ask for a provisional ballot.

If you are turned away or denied a provisional ballot, call the Election Protection Hotline at 1-866-OUR-VOTE or 1-888-VE-Y-VOTA (en Español).
Report your experience to local election officials.

Under federal law, all polling places for federal elections must be fully accessible to older adults and voters with disabilities. Simply allowing curbside voting is not enough to meet Americans with Disabilities Act (ADA) accessibility requirements.
In federal elections, every polling place must have at least one voting system that allows voters with disabilities to vote privately and independently. Usually, this is a machine that can read the ballot to you (for people with vision disabilities or dyslexia), and let you vote by pushing buttons (for people with mobility disabilities).
Under federal law, voters with disabilities and voters who have difficulty reading or writing English have the right to receive in-person help at the polls from the person of their choice. This helper cannot be the voter’s employer, an agent of the voter’s employer, or an agent or officer of the voter’s union. The helper must respect the voter’s privacy, not looking at the voter’s ballot unless the voter asks them to do so.
Election officials (including poll workers) must make reasonable accommodations as needed to help you vote.
Election officials must provide you with help if it’s possible for them to do so.
A voter with a mental disability cannot be turned away from the polls because a poll worker thinks they are not ‘qualified’ to vote.

You can bring a family member, friend, or another person of your choice to assist you at the polls. Do not bring your employer, or an agent of your employer or union.
If you bring a person to assist you, let the poll workers know that when you check in. They may ask you to swear under oath that you have a disability and that you have asked that person to help you. Your helper may also be required to sign a form swearing that they did not tell you how to vote.
If there are long lines and you have a physical or mental health condition or disability that makes it difficult for you to stand in line, tell a poll worker.
Tell election officials what you need. For example, if it’s hard for you to stand, they should provide you with a chair or a place to sit while you wait. If the crowds or noise are hard for you, election officials can find a quiet place for you to wait and call you when it’s your turn to vote.
If you are not able to enter your polling place because the pathway to it is not fully accessible, ask poll workers for curbside assistance. Also call 1-866-OUR-VOTE to report the issue.
If you have difficulty using the materials provided to make your ballot selections, review, or cast your ballot, let a poll worker know and ask for the help you need. Accessibility is the law.
If you face any challenges in voting privately and independently or are unable to cast your vote, report the problem to the Election Protection hotline at 1-866-OUR-VOTE. Trained attorneys can assist you and make sure that other voters do not experience the same problem.

Under federal law, voters who have difficulty reading or writing English may receive in-person assistance at the polls from the person of their choice. This person cannot be the voter’s employer, an agent of the voter’s employer, or an agent or officer of the voter’s union.
Counties covered by Section 203 of the Voting Rights Act are required to provide bilingual assistance to voters in specific languages. This means that they must provide poll workers who speak certain languages, and make all election materials and election-related information available in those languages. Check whether your county is required to provide bilingual election assistance in a language you speak.

You can bring a family member, friend, or other person of your choice to assist you at the polls. Do not bring your employer, or an agent of your employer or union.
If you live in a county that’s required to provide bilingual voting assistance for a language you speak, you can request oral assistance from a bilingual poll worker and ask for voting materials, such as a ballot, in that language.
If you have trouble voting due to lack of English fluency, call one of these hotlines:
- Spanish: 1-888-VE-Y-VOTA / 1-888-839-8682
- Arabic: 1-844-YALLA-US / 1-844-925-5287
- English: 1-866-OUR-VOTE / 1-866-687-8683.
- Bengali, Cantonese, Hindi, Urdu, Korean, Mandarin, Tagalog, Vietnamese): 1-888-API-VOTE / 1-888-274-8683

Aggressively questioning voters about their citizenship, criminal record, or other qualifications to vote.
Falsely representing oneself as an elections official.
Displaying false or misleading signs about voter fraud and related criminal penalties.
Other forms of harassment, particularly harassment targeting non-English speakers and voters of color.
Spreading false information about voter requirements.
- You do not need to speak English to vote, in any state.
- You do not need to pass a test to vote, in any state.
- Some states do not require voters to present photo identification.

It’s illegal to intimidate voters and a federal crime to “intimidate, threaten, [or] coerce … any other person for the purpose of interfering with the right of [that] other person to vote or to vote as he may choose.”

In many states, you can give a sworn statement to the poll worker that you satisfy the qualifications to vote in your state, and then proceed to cast a ballot.
Report intimidation to the Election Protection Hotline at 1-866-OUR-VOTE or 1-888-VE-Y-VOTA (en Español).
Report intimidation to your local election officials. Their offices will be open on Election Day.