What If I'm Turned Away at the Polls?

Being told “you’re not on the list” used to mean you were sent home without voting. Since 2002, federal law guarantees a backstop: the provisional ballot. You almost never have to leave the polls without casting a vote.

What the Law Says

The Help America Vote Act (HAVA) — 52 U.S.C. § 21082 — gives you the right to cast a provisional ballot in a federal election. If your name is not on the official list, or an election official says you are not eligible but you believe you are, the poll workers must offer you a provisional ballot. You will usually sign a written statement affirming you are eligible.

Here is how it works: your provisional ballot is sealed in a special envelope instead of going straight into the machine. After the polls close, officials check your registration. If you were in fact registered and eligible, your ballot is counted just like any other.

An Everyday Example

You moved recently and your name does not show up at your polling place. Instead of leaving, you say: “I believe I am eligible — I would like a provisional ballot.” You fill it out, it is sealed and reviewed, and if your registration checks out, it counts.

What This Means for You

If you are ever turned away, ask for a provisional ballot before you leave — it is your federal right. HAVA also requires states to give you a way to check whether your provisional ballot was counted (and why, if it was not), usually through an online tool or a hotline. If you hit problems, you can also call the nonpartisan Election Protection hotline at 866-OUR-VOTE.