This article is the fifth in a five-part series titled “Protecting the Elections.” As former President Donald Trump and many of his allies refuse to acknowledge his defeat in the 2020 election, this MSNBC Daily series brings experts in electoral law and politics to explore the many threats to the certification of election results at the state and national levels.

In a recent opinion piece for MSNBCI noticed that when it comes to elections, “everything seems suspicious when you don’t know how things work.” As Election Day approaches, this saying will apply to more and more voting practices.

Electoral administration is a complex mix of laws, rules and technology – and ignorance of how elections are conducted can lead to misunderstandings or baseless conspiracy theories. Almost anything can become a target of suspicion and discord. As part of a scorched earth strategy aimed at undermining the legitimacy of the presidential election in the event of defeat, former President Donald Trump and his allies have already cast doubts without any evidence on “non-citizen vote” military and foreign polls And voter registration.

It is likely that provisional ballots will soon be added to this list. After post-election counting begins, with potentially slim margins separating winners and losers, provisional ballots are fertile ground for legal wrangling and misrepresentation. Like mail-in ballots, provisional ballots take time to be counted; it is difficult to estimate how many there will be (even if they will exceed 1 million, based on data from past elections); and they will probably be counted last. For all these reasons, provisional ballots spark rumors and potential confusion.

Provisional ballots are issued to voters whenever there is uncertainty, for any reason, about their eligibility to vote in person. Whether a provisional ballot will ultimately be accepted and counted (or rejected) depends on additional research into the voter’s eligibility that election officials conduct after the election.

Provisional ballots are required under the federal Help America Vote Act (HAVA) of 2002, which created this fail-safe to ensure that eligible voters are not turned away at the polls due to errors associated with their registration . Exemptions were granted to states that had adopted same-day voter registration in 1993, and currently all states except Idaho and Minnesota are releasing provisional ballots.

Because the 10th Amendment results in a decentralized system of election administration in the United States, each state handles provisional ballots differently, but there are common reasons for using them.

A typical case might be where a voter goes to vote in person, provides their identification, and after checking the voter rolls, the poll worker says, “There appears to be a problem with your registration. » Perhaps the voter’s name does not appear in the registers; or the address indicated in the registers does not correspond to the voter’s identity document; but the voter insists he has been voting at the polling station for years. In this case, the poll worker issues a provisional ballot.

Other reasons for issuing a provisional ballot may include: the voter does not have the proper identification; the voter requested an absentee ballot, but now wants to vote in person (for example, if the voter never received their absentee ballot); the voter attempts to vote in a constituency or jurisdiction different from the one in which he or she is registered; or the records indicate that the voter has already voted. Different states may have other reasons to use provisional voting, but these are the most common scenarios.

When a provisional ballot is cast, election officials separate it from the regular ballots that go into the box (because research is needed to determine whether or not the ballot can be counted). Typically, the voter fills out a paper provisional ballot that is inserted into a secrecy envelope. Provisional ballot envelopes are typically printed with space for the voter to record their personal information and, more importantly, an affidavit or certification that the voter must sign stating their eligibility to vote.

The contents of a provisional ballot remain private while election officials research the voter’s eligibility. Because provisional ballots take time to settle, election officials often investigate these ballots later in the counting cycle. If a voter’s eligibility is confirmed, the ballot is “unsealed” and counted; and if the ballot is rejected, it is never opened. HAVA requires state or local election officials to provide voters with information on how to know whether their provisional ballot has been accepted and counted (and, if not, why). Some states allow voters to check the status of their ballot through online portals.

During the post-election counting period, everyone should be patient and resist baseless “noise” regarding provisional ballots. The bottom line is that there are entirely legitimate administrative reasons that could prevent an election official from knowing with certainty whether a person is eligible to vote at the time they show up at the polling station; and in these cases, instead of refusing the voter, a provisional ballot guarantees a “waiting zone” to avoid any deprivation of the right to vote.

More importantly, provisional ballots provide a critical test of the “one person, one vote” rule. Counting ballots is more than just counting; it is an intensive, labor-intensive, multi-step process with rigorous protocols to protect the integrity of the vote. Election officials attempt to accept as many valid provisional ballots as possible from as many eligible voters as possible (i.e., to avoid disenfranchisement), while rejecting ballots from ineligible voters (i.e. to preserve integrity). Officials must follow state laws and policies and verify that all requirements have been met, and that no election results are finalized until all provisional ballots have been resolved. Every valid ballot is counted – and invalid ballots are not.

This methodical process guarantees a free and fair election that values both integrity And voter participation.