Provisional Ballot Voting

Last Updated on March 5, 2020

WHAT IS A PROVISIONAL BALLOT

In 2003, the Nevada legislature adopted state laws for provisional ballot voting in accordance with the federal “Help America Vote Act” of 2002 (HAVA). In 2019, the Nevada Legislature modified Nevada provisional ballot laws through AB345 to include their use for Same-Day Registration and updates (SDR). AB345 also specified that all provisional ballots will now be full ballots, whether they are for HAVA or SDR purposes. This means they will contain all contests, candidates, and questions that are on a regular ballot for the voter's precinct. Provisional ballots will be counted only after verification of applicable voter information and that the voter did not cast multiple ballots in the same election. The Nevada Secretary of State and Clark County Election Department will have websites and toll-free phone numbers to inform voters of whether their provisional ballot was counted, and if it was not counted, why.
 
SDR PROVISIONAL BALLOTS 

AB345 authorizes the use of provisional ballots for SDR purposes.  This includes new registration and immediate updates of existing registration after the standard close of registration, either in-person at a voting site or online on the Nevada Secretary of State's website.  

Updates of Existing Registration Through the SDR Process in Clark County, NV (Online and In-Person)

What It Is and How It Works: You may immediately update online or in person at a voting site any of your existing voter registration data, including name, party, and address, after the standard close of in-person and mail-in registration. At any Clark County Early Voting Site or Election Day Vote Center, you may then vote a provisional ballot in the current election, with all contests, candidates, and questions that are on a regular ballot, including for your updated precinct and/or party, as applicable.

Provisional Ballot Counting: Your provisional ballot will be counted only after verification of your registration data and that you did not cast multiple ballots in the same election. Note that if you only update your phone, e-mail, and/or mailing address that is separate from your residential address (if any), you will vote a regular ballot.

More Detailed Information: See page 2 of our "What's New in Nevada Elections" PDF.

Online Registration on the Secretary of State's Website Through the SDR Process

What It Is: After the standard close of in-person and mail-in voter registration, you may still register to vote online in the current election only on the Nevada Secretary of State’s website. You must have an unexpired, current Nevada (NV) Department of Motor Vehicles (DMV) Driver’s License, NV State Identification Card, or temporary NV DMV “Interim Document” for online voter registration. 

How it Works: When you check-in at any Clark County Early Voting Site or Election Day Vote Center, you must show an unexpired NV DMV Driver's License, NV State Identification Card, or NV DMV temporary “interim Document” that has your current address where you actually live and which matches the address you entered for your online registration. IF the address is not current (does not match your registration and/or is not where you actually live), you must also provide proof of your current residence. You will vote a provisional ballot with all contests, candidates, and questions that are on a regular ballot.

Provisional Ballot Counting: Your provisional ballot will be counted only after verification that: (a) You were qualified to register to vote and cast a ballot in the current election; (b) You did not cast multiple ballots in the same election; and (c) IF applicable, confirmation you provided acceptable additional proof of residency.

More Detailed Information: See page 3 of our "What's New in Nevada Elections" PDF.

In-Person Registration at Any Voting Site Through the SDR Process

What It Is: You may register in person and vote on the same day at any Clark County Early Voting Site or Election Day Vote Center of your choice.
How it Works: You must show an unexpired NV DMV Driver's License, NV State Identification Card, or NV DMV temporary “interim Document” that has your current address where you actually live and which matches the address for your voter registration. IF the address is not current (does not match your registration and/or is not where you actually live), you must also provide proof of your current residence. You will vote a provisional ballot with all contests, candidates, and questions that are on a regular ballot.

Provisional Ballot Counting: Your provisional ballot will be counted only after verification that: (a) You were qualified to register and cast a ballot in the current election; (b) You did not cast multiple ballots in the same election; and (c) IF applicable, confirmation you provided acceptable additional proof of residency.

More Detailed Information: See page 4 of our "What's New in Nevada Elections" PDF.
 
HAVA PROVISIONAL BALLOTS 

If there is a question about your eligibility to vote pursuant to HAVA, you will be allowed to cast a full provisional ballot containing all contests, candidates, and questions that are on a regular ballot for your precinct.
 
Who May Vote a Provisional Ballot and Why

  • Persons Voting for the First Time in Clark County Whose Registration Data did not Match Department of Motor Vehicles (DMV) or Social Security Administration (SSA) RecordsThese voters are notified by letter that they must provide identification at the voting site. If they do not, they may only vote a HAVA provisional ballot. 
  • Individuals Who Are Not Listed as Registered in Election Department Records and Do Not Use the SDR ProcessThese individuals will be first asked to register and vote through the SDR process.  Those who do not avail themselves of SDR and who also claim they are already registered may only vote a HAVA provisional ballot after affirming in writing they are currently registered and eligible to vote. 

How HAVA Provisional Ballot Voting Works

You must complete a written Affirmation that includes the reason you are voting a HAVA provisional ballot. You must also affirm under penalty of perjury you are registered and eligible to vote in that jurisdiction. Depending on your situation, the provisional ballot will be counted only if certain conditions are met:
    
  • If you voted provisionally because you were required to provide ID and did not, your provisional ballot will be counted only if:  (a) You provide a copy of proper identification to the Clark County Election Department by 5:00 p.m. on the Friday following Election Day; and (b) Statewide verification indicates you did not cast a ballot multiple times in the same election. (NRS 293.3082NRS 293.780
  • If you voted provisionally because you were not listed as registered in Election Department records but claimed you were registered anyway and did not use the SDR process, your provisional ballot will be counted only if:  (a) You present acceptable ID at the voting site or to the Election Department by 5:00 p.m. on the Friday after Election Day; and (b) Further research shows you were registered and eligible to vote in Clark County, NV; and (c) Statewide verification indicates you did not cast a ballot multiple times in the same election. (NRS 293.3082NRS 293.780)