Last Updated on September 10, 2023

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 (SAME-DAY REGISTRATION) PROVISIONAL BALLOTS 
AB345 authorizes the use of provisional ballots for SDR purposes. This includes new registration after the standard close of registration, either in-person at a voting site or online on the Nevada Secretary of State's website.  

What It Is: If you register to vote online on the Nevada Secretary of State’s website (only) on or after the 13th day before Election Day, up to and including Election Day, you may only vote a provisional ballot in the current election. 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, NV DMV temporary “interim Document,” or NV Tribal Identification Card 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 residency (POR). 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 of your identity and 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.

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, NV DMV temporary “interim Document,” or NV Tribal Identification Card 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 residency (POR). 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 of your identity and 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.

HAVA (HELP AMERICA VOTE ACT) PROVISIONAL BALLOTS, STATE/FEDERAL ELECTIONS ONLY
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) Records:
  These 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 Process:
  These 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 in Clark County, NV.

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 Clark County, NV. Depending on your situation, the provisional ballot will be counted only if certain conditions are met:

The types of ID that are acceptable for HAVA voting purposes are not the same as those that are acceptable for SDR voting purposes (although there is some overlap). In all cases, the identification must have the voter's name and current physical residential address.