Q: What is a Provisional Ballot?
A: Provisional voting guarantees every qualified and registered voter has the opportunity to vote on Election Day.

When voters arrive at the polling place on Election Day, the election judges check the poll book (a list of all of the jurisdiction's registered voters), to confirm that the voter is properly registered and at the correct polling place. Prior to provisional voting, if a person's name was not in the poll book, they were not allowed to vote. With provisional voting, a voter whose name is not found in the poll book on Election Day is given a provisional ballot. Provisional ballots are distinguished from regular ballots so that the election authority can later investigate the provisional voter's registration status.

Q: When is a Provisional Ballot used?
A: A voter whose name is not found in the poll book on Election Day or does not have adequate identification is given a provisional ballot. Provisional ballots are distinguished from regular ballots so that the election authority can later investigate the provisional voter's registration status.

Q: Why is the State of Colorado using Provisional Ballots?
A: Provisional ballots are a requirement mandated in the federal Help America Vote Act to ensure that every qualified voter is allowed to vote.

Q: What is the Help America Vote Act (HAVA)?
A: Congress passed the Help America Vote Act (HAVA) in October 2002, making sweeping reforms to the nation's voting process. The Act addressed much needed improvements to voting systems and voter access that were identified following the 2000 Presidential Election. HAVA includes provisions for replacement of punch card and lever voting systems, creation of centralized voter registration database, new voter identification requirements, access for people with disabilities, and enhanced voter outreach.

Q: What if someone who has voted a Provisional Ballot is not registered or is registered in another county?
A: Provisional ballots are counted after regular and absentee ballots and are counted on a provisional basis. When county clerk and recorders verify a provisional voter’s registration status, they check four databases to ensure the voter is a resident of the county, is not registered in another county, is not a felon, and is not a deceased person.

Provisional Ballots are checked against the following databases:

• State of Colorado voter registration database
• County Clerk and Recorder voter registration database
• Colorado Department of Corrections Felon database
• Colorado Department of Vital Statistics database

Q: What if someone votes a Provisional Ballot in two separate counties?
A: It is a violation to cast two provisional ballots. Upon filling out the provisional ballot application the voter signs under oath they will not cast another ballot.

Q: What if someone votes twice?
A: It is a crime to cast two ballots. If a county clerk and recorder finds that a voter has voted twice, they will refer the matter to the appropriate District Attorney or to the Colorado Attorney General for investigation and prosecution.

Q: Why are Provisional Ballots necessary?
A: It was the intent of Congress to allow every citizen in the United States the right to cast a ballot. Sometimes, voters are legally entitled to vote even though their names might not appear on the poll book on Election Day at the polling place where they attempt to vote. For example, there might be a mistake in the poll book. Rather than turning away an eligible voter and denying them the right to cast a ballot, voting allows a potentially eligible voter to cast a ballot provisionally, and it may be determined after the election if the provisional ballot should be counted.

Q: Do I still have to fill out an application to receive a Provisional Ballot?
A: Yes.

Q: Will I be registered to vote if I fill out a Provisional Ballot application?
A: Yes. A Provisional Ballot application can substitute as a Voter Registration application. In addition, any previous voter registration for the voter will be canceled according to Colorado law.

Q: When are Provisional Ballots counted?
A: They are counted after regular and absentee ballots, to ensure that a voter has not attempted to vote twice.

Q: Where can I get more information?
A: Go to GoVoteColorado.com for more information about voting.

Note: This has been compiled to act as a quick reference. This should not be considered legal advice. Please consult Colorado’s statutes and rules for further information.

Authority: 42 USC 15482, Sec. 302, C.R.S. 1-8.5-101 – C.R.S. 1-8.5-112, and Colorado Secretary of State Election Rules