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In elections in the United States, a provisional ballot (called an affidavit ballot in New York) is used to record a vote when there are questions about a given voter's eligibility that must be resolved before the vote can count. The federal Help America Vote Act of 2002 guarantees that, in most states, the voter can cast a provisional ballot if the voter states that they are entitled to vote.[1]
Some of the most common reasons to cast a provisional ballot include:
Whether a provisional ballot is counted is contingent upon the verification of that voter's eligibility, which may involve local election officials reviewing government records or asking the voter for more information, such as a photo identification not presented at the polling place or proof of residence.[1] Each state may set its own timing rules for when these issues must be resolved. Provisional ballots therefore cannot usually be counted until after the day of the election.[1]