---
kind: "section"
citation: "52 U.S.C. § 21082"
title: "52"
title_heading: "Voting and Elections"
number: "21082"
heading: "Provisional voting and voting information requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/52/21082"
units:
  - "Subtitle II — Voting Assistance and Election Administration"
  - "Chapter 209 — Election Administration Improvement"
  - "Subchapter III — Uniform and Nondiscriminatory Election Technology and Administration Requirements"
  - "Part A — Requirements"
---

# §21082. Provisional voting and voting information requirements

- (a) **Provisional voting requirements—** If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an [election](/usc/52/20502.md?p=1) for [Federal office](/usc/52/20310.md?p=3), but the name of the individual does not appear on the official list of eligible voters for the polling place or an [election](/usc/52/20502.md?p=1) official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot as follows:
  - (1) An [election](/usc/52/20502.md?p=1) official at the polling place shall notify the individual that the individual may cast a provisional ballot in that [election](/usc/52/20502.md?p=1).
  - (2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an [election](/usc/52/20502.md?p=1) official at the polling place stating that the individual is—
    - (A) a registered voter in the jurisdiction in which the individual desires to vote; and
    - (B) eligible to vote in that [election](/usc/52/20502.md?p=1).
  - (3) An [election](/usc/52/20502.md?p=1) official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under [paragraph (2)](#a-2) to an appropriate [State](/usc/52/20107.md?p=5) or local [election](/usc/52/20502.md?p=1) official for prompt verification under [paragraph (4)](#a-4).
  - (4) If the appropriate [State](/usc/52/20107.md?p=5) or local [election](/usc/52/20502.md?p=1) official to whom the ballot or voter information is transmitted under [paragraph (3)](#a-3) determines that the individual is eligible under [State](/usc/52/20107.md?p=5) law to vote, the individual’s provisional ballot shall be counted as a vote in that [election](/usc/52/20502.md?p=1) in accordance with [State](/usc/52/20107.md?p=5) law.
  - (5)
    - (A) At the time that an individual casts a provisional ballot, the appropriate [State](/usc/52/20107.md?p=5) or local [election](/usc/52/20502.md?p=1) official shall give the individual written information that [states](/usc/52/20107.md?p=5) that any individual who casts a provisional ballot will be able to ascertain under the system established under [subparagraph (B)](#a-5-B) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.
    - (B) The appropriate [State](/usc/52/20107.md?p=5) or local [election](/usc/52/20502.md?p=1) official shall establish a free access system (such as a toll-free telephone number or an Internet website) that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.

  [States](/usc/52/20107.md?p=5) described in [section 20503(b) of this title](/usc/52/20503.md?p=b) may meet the requirements of this subsection using voter registration procedures established under applicable [State](/usc/52/20107.md?p=5) law. The appropriate [State](/usc/52/20107.md?p=5) or local official shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under [paragraph (5)(B)](#a-5-B). Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot.

- (b) **Voting information requirements—**
  - (1) **Public posting on election day—** The appropriate [State](/usc/52/20107.md?p=5) or local [election](/usc/52/20502.md?p=1) official shall cause voting information to be publicly posted at each polling place on the day of each [election](/usc/52/20502.md?p=1) for [Federal office](/usc/52/20310.md?p=3).
  - (2) **Voting information defined—** In this section, the term “voting information” means—
    - (A) a sample version of the ballot that will be used for that [election](/usc/52/20502.md?p=1);
    - (B) information regarding the date of the [election](/usc/52/20502.md?p=1) and the hours during which polling places will be open;
    - (C) instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
    - (D) instructions for mail-in registrants and first-time voters under [section 21083(b) of this title](/usc/52/21083.md?p=b);
    - (E) general information on voting rights under applicable Federal and [State](/usc/52/20107.md?p=5) laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; and
    - (F) general information on Federal and [State](/usc/52/20107.md?p=5) laws regarding prohibitions on acts of fraud and misrepresentation.
- (c) **Voters who vote after the polls close—** Any individual who votes in an [election](/usc/52/20502.md?p=1) for [Federal office](/usc/52/20310.md?p=3) as a result of a Federal or [State](/usc/52/20107.md?p=5) court order or any other order extending the time established for closing the polls by a [State](/usc/52/20107.md?p=5) law in effect 10 days before the date of that [election](/usc/52/20502.md?p=1) may only vote in that [election](/usc/52/20502.md?p=1) by casting a provisional ballot under [subsection (a)](#a). Any such ballot cast under the preceding sentence shall be separated and held apart from other provisional ballots cast by those not affected by the order.
- (d) **Effective date for provisional voting and voting information—** Each [State](/usc/52/20107.md?p=5) and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2004.

## Source credit

(Pub. L. 107–252, title III, § 302, Oct. 29, 2002, 116 Stat. 1706.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 15482 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.