Overview

In Ohio, provisional voting allows a voter whose eligibility to vote is in question to cast a ballot to be counted after the voter’s eligibility is confirmed. “Provisional Voting” at 241*.* A voter may cast a provisional ballot when: (1) the voter’s name does not appear in the pollbook, (2) the voter does not provide proper identification, (3) the voter has had a name change or moved to a different precinct without updating their voter registration, (4) the voter has had a name change and does not have proof of the name change, (5) the voter’s signature does not match the signature on file, (6) the voter has been challenged and the challenge was successful, (7) the voter requested an absentee ballot and appears in person at the polling place, or (8) the voter has already cast a provisional ballot. Ohio Rev. Code. Ann. § 3505.181(A);Provisional Voting” at 241–42*.*

Depending on the reason for requiring a provisional ballot, voters cast their provisional ballots at the Board of Elections office (or another site designated for early in-person absentee voting) during the early in-person absentee voting period, or at their precinct on Election Day. “Provisional Voting” at 242–43.

What Happens After a Voter Casts a Provisional Ballot?

Once a voter has cast a provisional ballot, a Precinct Election Official transmits the ballot to the appropriate Board of Elections, along with the voter information contained in the written affirmation executed by the voter. Ohio Rev. Code. Ann. § 3505.181(B)(3). The Boards of Elections are required to establish a free system that provisional voters may access to ascertain whether their votes were counted, and if not, the reason a vote was not counted. Ohio Rev. Code. Ann. § 3505.181(B)(5)(b).

When the ballot boxes are delivered to the Board of Elections from the precincts, the Board of Elections must separate the provisional ballots from the rest of the ballots. Ohio Rev. Code. Ann. § 3505.183(A). Bipartisan teams of Board of Elections staff place the sealed provisional ballots in a secure location within the office of the Board of Elections to remain until the validity of the ballots is determined. Ohio Rev. Code. Ann. § 3505.183(A).

Processing Provisional Ballots

Cure Deadline

A voter who cast a provisional ballot due to a lack of identification may cure the defect during the four days following the election by appearing at the Board of Elections with valid identification. Ohio Rev. Code. Ann. § 3505.183(B)(2);Provisional Voting” at 248*.* During the same period, a provisional voter who was successfully challenged at the polling place may appear at the Board of Elections with information to resolve the challenge. Ohio Rev. Code. Ann. § 3505.183(B)(2);Provisional Voting” at 248*.*

Provisional Ballot Determination

The Board of Elections staff, working in bipartisan teams, may examine the provisional ballot affirmations and additional information provided (if the Board of Elections has adopted a provision allowing staff to do so). Ohio Rev. Code. Ann. § 3505.183(A);Provisional Voting” at 248*.* The teams may sort provisional ballots into groups of like ballots for the Board of Elections to consider. “Provisional Voting” at 248*.*

To determine the eligibility of a provisional ballot, the Board of Elections is required to follow mandatory step-by-step procedures outlined by the Secretary of State. “Provisional Voting” at 249–54. **To make the determination, the Board of Elections examines its records to find evidence of whether the provisional voter is registered and eligible to vote in the election. Ohio Rev. Code. Ann. § 3505.183(B)(1). The Board of Elections also examines any additional information provided by the provisional voter during the cure period. Ohio Rev. Code. Ann. § 3505.183(B)(2). If the provisional ballot is determined to be valid, it is placed in the ballot box to be counted. Ohio Rev. Code. Ann. § 3505.183(B)(3).

The Board of Elections finalizes its determination by a majority vote at a properly noticed, public meeting. “Provisional Voting” at 249*.* Observers may be present when the Board of Elections is determining the eligibility of provisional ballots and when the Board of Elections is counting provisional ballots. Ohio Rev. Code. Ann. § 3505.183(F).

Provisional Ballot Counting

After the Board of Elections has made a determination on eligibility for all provisional ballots cast, election officials may begin the opening and counting of provisional ballots. Ohio Rev. Code. Ann. § 3505.183(F);Provisional Voting” at 249*.* Provisional ballots determined to be eligible are counted in the same manner as other ballots. Ohio Rev. Code. Ann. § 3505.183(F). This process may not begin until the start of the official canvass, which may begin no earlier than the fifth day following the election. “Provisional Voting” at 249*.* The Board of Elections must complete the counting of provisional ballots no later than the 21st day after the election (when the official canvass is required to be complete). Ohio Rev. Code. Ann. § 3505.32;Provisional Voting” at 249*.*