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Early voting is now underway in Texas for the November 3 midterm elections. Texans had until October 5 to register to vote; however, recent discoveries of backlogs in voter registration records—stemming from state errors—have overwhelmed election officials responsible for processing this critical paperwork.
If a registration is not processed by the time a voter arrives at the polling place, their name may not appear on the list of registered voters. Fortunately, these voters still have the option to cast a provisional ballot.
Here’s what you need to know about casting a provisional ballot in Texas:
What is a provisional ballot?
Under federal law, provisional ballots must be offered to any voter whose eligibility is uncertain. This includes voters whose names do not appear on the registered voter list due to administrative errors.
Provisional ballots are kept separate from regular ballots until after the election. Election officials will then evaluate the eligibility of the voter and decide whether the ballot should be counted.
In Texas, provisional ballots are available during both early voting and on Election Day.
In Texas, who is offered a provisional ballot?
A variety of circumstances may lead to a voter being offered a provisional ballot instead of a regular one. These situations include:
What do provisional ballot voters have to do at the polling place?
Voters who opt to cast a provisional ballot will need to answer additional questions posed by the election judge, the official overseeing the polling location. These questions help gather information that officials can later use to verify the voter’s eligibility. For instance, if a voter’s name is missing from the registered voter list, the election judge may inquire about the timing and method of their registration. Notably, many voters register through the Texas Department of Public Safety (DPS) while obtaining or updating their driver’s license or state ID. Last month, state officials discovered a backlog of hundreds of thousands of voter registration updates linked to this DPS driver’s license portal, though reports indicate that the backlog was cleared by mid-October.
Additionally, voters will need to sign an affidavit that serves as a new voter registration form. The election judge will fill out a form indicating the reason for the provisional ballot. Both the voter and the election judge must sign these forms.
How are provisional ballots cast?
After completing the required forms with the election judge, voters will proceed to a voting booth to cast their ballot just like every other voter at the polling location. In most counties, voters will use an electronic ballot marking device, while some may utilize paper ballots that they fill out by hand.
Once the voting is complete, the ballot must be placed in a secure envelope. Election workers will keep it safe in a sealed container, separate from regular ballots. These provisional ballots are then sent to the county’s election officials for review.
Who determines whether a provisional ballot is counted or not?
During early voting and in the days following Election Day, county voter registrars will examine their records in connection with any provisional ballots cast. They will ascertain whether the voter was registered by the deadline and whether there is any missing information that the voter needs to provide.
The gathered information, along with notes from the election judge at the polling place, will then be forwarded to the Early Voting Ballot Board. This board, comprising members from both political parties, is responsible for processing mail-in ballots to ensure they meet all necessary requirements and making decisions regarding provisional ballots.
How do I know whether my provisional ballot was counted?
Voters will receive a notice by mail approximately two weeks after Election Day informing them of the Early Voting Ballot Board’s decision regarding their provisional ballot.
Local election officials are required to conduct the canvass of votes—the official review and certification of counted votes—between November 6 and November 17. According to Texas election code, officials must provide written notice of the provisional ballot outcomes “no later than the tenth day after the local canvass.”
This notice will indicate whether a voter’s ballot was counted. If it was not counted, the notice will specify the reason. For any further inquiries, the notice will include contact information for local election officials.
Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Natalia is based in Corpus Christi. Contact her at ncontreras@votebeat.org.
