One of the guarantees provided by the Help America Vote Act of 2002 [HAVA] is that a voter who believes he or she is entitled to vote will be provided that opportunity. Therefore, North Carolina law directs that when there are questions about a given voter’s eligibility, he or she is to be provided a provisional ballot.
Whether a provisional voter’s selections in all or some or any of the contests listed on that ballot are counted depends upon that voter’s eligibility to participate in those choices. The question of the voter’s eligibility is researched by county staff after election day and made available to members of the county’s board of elections. Final determination is made by county board of elections before the results of the election are final.
Provisional voting is fail-safe voting – Without fail, a person who presents to vote is to be given that opportunity, whether by regular ballot or provisional ballot.