The 2002 Help America Vote Act required that provisional ballots be offered to any voter that declares that they are a registered and eligible voter of the precinct in which they are appearing and any voter whose eligibility is called into question by an election official, e.g. shown to have voted early by mail.
Texas law echoes the federal requirements, but also adds that a voter may vote provisionally if they do not have the required photo identification.
Provisional ballots will be offered during both Early Voting and Election Day, and only at the main Early Voting location.
A provisional ballot will be offered to:
- A voter who does not provide an acceptable form of identification.
- A voter whose name on their identification is not substantially similar to the name on the OLRV.
- A voter whose identity cannot be verified by the identification presented.
- A voter who has received a disability exemption, but does not have a voter registration certificate indicating such exemption.
- A voter whose name does not appear on the list of registered voters and does not have a registration certificate, but states they are a registered and eligible voter of the precinct.
- A voter who has applied for a ballot by mail, but has not yet properly cancelled the mail ballot application.
- A voter who votes during the polling hours that are extended by a state or federal court.
- A voter who is registered to vote but attempting to vote in a precinct other than the one in which the voter is registered.
- A voter who is on the precinct list of registered voters, but whose registered residence address is outside the political subdivision for which the voter is seeking to vote.
A determination whether your ballot will be counted will be made by the Early Voting Ballot Board after the election. A notice will be mailed to you within 30 days of the election at the address you provided on your affidavit to vote a provisional ballot indicating if your vote was counted or not.
If you are voting without an acceptable form of ID, in order to have your provisional ballot accepted, you will be required to visit the election's office within six days of the date of the election to either present one of the acceptable forms of Photo ID or if you do not possess and cannot reasonably obtain one of the below forms of photo ID, execute a Reasonable Impediment Declaration and present one of the below forms of supporting ID OR submit one of the temporary forms addressed below (e.g., religious objection or natural disaster exemption) in the presence of the county voter registrar OR submit the paperwork required to obtain a permanent disability exemption.
Reasonable Impediment Declaration: If you do not possess one of the forms of acceptable photo identification listed above, and cannot reasonably obtain such identification, you may execute a Reasonable Impediment Declaration and present a copy or original of one of the following supporting documents: (1) a government document that shows your name and an address, including your voter registration certificate; (2) current utility bill; (3) bank statement; (4) government check; (5) paycheck; or (6) (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes your identity (which may include a foreign birth document). The address on an acceptable photo identification or a supporting document does not have to match your address on the list of registered voters.