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, including, but not limited to, a person to whom notice has been sent pursuant to s. 98.075(7), but for whom a final determination of eligibility has not been made, 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 voting site, but the voter maintains that they have not voted, even after a call to the Supervisor of Elections office
- Voter did not provide photo/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 is refused
- Indication on precinct register that the voter's Florida driver 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 then 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 has 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.
Counting a Provisional Ballot
A provisional ballot may be counted only if:
The signature on the voter’s certificate or the cure affidavit matches the voter’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 voter
The cure affidavit contains a signature that does not match the voter’s signature in the registration books or the precinct register, but the voter has submitted a current and valid Tier 1 form of identification confirming their identity.
Tier 1 Identification
Current and valid identification that includes your name and photograph (one of the following):
- Florida driver license
- Florida identification card issued by the Department of Highway Safety and Motor Vehicles
- United States passport
- Debit or credit card
- Military identification
- Student identification
- Retirement center identification
- Neighborhood association identification
- Public assistance identification
- State of Florida concealed weapon or firearm license
- Employee identification card issued by any branch, department, agency, or entity of the federal government, state, a county, or a municipality
- Veteran health identification card issued by the United States Department of Veterans Affairs
If you do not have a Tier 1 form of identification, you may provide a Tier 2 form of identification.
Tier 2 Identification
An ID that shows your name and current residence address (one of the following):
- Current utility bill
- Bank statement
- Government check
- 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 the provisional ballot envelope, 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 our office along with a copy of your identification by 5 p.m. on the second day after the election.