What are the rules for provisional ballots?

In Texas, provisional ballots are used when a voter’s name is not listed on the voter registration rolls or the voter’s eligibility to vote is unclear. When a voter arrives to the polls and is told that they are not listed as a registered voter, they may choose to cast a provisional ballot. The voter must fill out a provisional ballot affidavit and hand it to the election judge who will explain the voting process. The provisional ballot status is determined by the county voter registrar. The voter registrar will review each affidavit to determine the voter’s eligibility. The voter registrar must determine if the voter is registered in the county on the date of the election and if the voter is eligible to vote in the election. If the voter registrar finds that the voter is eligible to vote in the election, the ballot is counted towards the election results. If the voter is found to be ineligible, the ballot is not counted. The provisional ballots are stored in a separate sealed envelope until the determination of eligibility is made. Provisional ballots must be counted no later than the tenth day after the election. Texas election law also states that any voter who has been turned away from the polls for any reason has the right to cast a provisional ballot at a later date. In these cases, the voter must contact the county voter registrar and request an emergency provisional ballot.

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