Per Florida Statute 101.048, at all elections, a voter claiming to be properly registered in the state and eligible to vote at the precinct in the election but whose eligibility cannot be determined, a person whom an election official asserts is not eligible and other persons specified in the code shall be entitled to vote a provisional ballot.
A Provisional Ballot may be issued for one of the following reasons:
- Voter’s name does not appear on the precinct register and voter’s eligibility is unverified
- Voter refutes the Supervisor of Elections office confirmation that they are not registered or eligible
- There is an indication on the precinct register that the voter has requested a vote by mail ballot and the voter does not have a ballot to submit. Poll worker is unable to verify that the voter has not voted.
- There is an indication on the precinct register that the voter has returned the vote by mail ballot or has voted in the office or at an early site, but the voter maintains that they have not voted, even after a call to the Supervisor of Elections office..
- Voter did not provide picture/signature identification
- There is an indication on the precinct register that the voter has been challenged in this election
- Voter is challenged at the precinct
- Voter’s signature does not match signature on record and affidavit refused
- Indication on precinct register that the voter’s Florida Driver’s License, Florida identification card number or Social Security number is not yet verified by the Department of State in conjunction with Department of Highway Safety and Motor Vehicles
Once voted, the provisional ballot shall be placed in a secrecy envelope and sealed in a provisional ballot envelope. The provisional ballot will be deposited in a ballot box. All provisional ballots remain sealed in their envelopes for return to the Supervisor of Elections office.
A person casting a provisional ballot shall have the right to present written evidence supporting their eligibility to vote to the Supervisor of Elections by no later than 5 p.m. on the second day following the election.
If it is determined that the person was registered and entitled to vote at the precinct where the person cast a vote in the election, the Canvassing Board must compare the signature on the Provisional Ballot Voter’s Certificate and Affirmation or the provisional ballot cure affidavit with the signature on the voter’s registration or precinct register.
A provisional ballot may be counted only if:
The signature on the voter’s certificate or the cure affidavit matches the elector’s signature in the registration books or the precinct register; however, in the case of a cure affidavit the supporting identification listed below must also confirm the identity of the elector
The cure affidavit contains a signature that does not match the elector’s signature in the registration books or the precinct register, but the elector has submitted a current and valid Tier 1 form of identification confirming his or her identity.
- Tier 1: Identification – Current and valid identification that includes your name and photograph: Florida driver license; Florida ID card issued by the Department of Highway Safety and Motor Vehicles; United States passport; debit or credit card; or military, student, retirement center, neighborhood association, or public assistance ID; Veteran health identification card issued by the United States Department of Veterans Affairs; Florida license to carry a concealed weapon or firearm; or employee identification card issued by any branch, department, agency, or entity of the Federal Government, the state, a county, or a municipality.
If you do not have a Tier 1 form of identification, you may provide one of the following:
- Tier 2: Identification – ID that shows your name and current residence address: current utility bill; bank statement; government check; paycheck; or government document (excluding voter information card).
Any provisional ballot not counted must remain in the envelope containing the Provisional Ballot Voter’s Certificate and Affirmation and the envelope shall be marked “Rejected as Illegal.”
If you forgot to sign or the signature on the provisional ballot envelope does not match the signature on record, Florida law allows you the opportunity to submit an affidavit to cure your provisional ballot. The Provisional Ballot Cure Affidavit must be completed and submitted to the Elections Department along with a copy of your identification by 5.p.m. on the second day after the election.