This article is the fifth in a five-part series called “Protecting Elections”. As former President Donald Trump and many of his allies refuse to concede defeat in the 2020 election, this MSNBC Daily series brings together election law and policy experts to explore the many threats to the certification of election results both nationally and and at the national level.

One recent article for MSNBCI noticed that in elections, “everything looks suspicious when you don’t know how something works”. As election day approaches, this saying will apply to more and more electoral practices.

The 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 scolding. In a scorched-earth strategy to undermine the legitimacy of the presidential election should he lose, former President Donald Trump and his allies have already raised unsubstantiated doubts about “non-citizen voting” military and overseas bulletins and voter registration.

Provisional ballots are likely to be added to this list soon. After ballot counting begins after the election, with potentially thin margins separating winners and losers, provisional ballots are fertile ground for legal wrangling and bogus claims. Like mail ballots, provisional ballots take time to count; it is difficult to estimate how many there will be (although they will exceed 1 million, based on data about previous elections); and they are likely to be counted last. For all these reasons, provisional ballots cause rumors and potential confusion.

Provisional ballots are issued to voters whenever there is uncertainty, for whatever reason, about a voter’s eligibility to vote in person. Whether a provisional ballot is ultimately accepted and counted (or rejected) depends on additional research about 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 safeguard to ensure that eligible voters are not turned away from the polls if there are errors associated with their registration. Exemptions were granted to states that adopted same-day voter registration until 1993 and currently every state except Idaho and Minnesota issue provisional ballots.

Because the 10th Amendment results in a decentralized system of administering elections in the US, each state handles provisional ballots differently, but there are common reasons for using them.

A typical case might be when a voter goes to the polls in person, provides identification, and after checking the voter rolls, the poll worker says, “There seems to be a problem with your registration.” The voter’s name may not appear in the records; or the address in the records does not match the voter’s ID; but the voter insists that he has been voting at the polling station for years. In this case, the election worker issues a provisional ballot.

Other reasons for issuing a provisional ballot could include: The voter does not have adequate identification; the voter requested a postal ballot but now wishes to vote in person (for example, if the voter never received a postal ballot); the voter attempts to vote in a constituency or jurisdiction other than that of registration; or the records indicate that the voter has already voted. Different states may have additional reasons to use provisional ballots, but these are the most common scenarios.

When a provisional ballot is issued, election workers keep it separate from the regular ballots that go into the ballot box (as research is required to determine whether or not the ballot can be counted). The voter usually marks a provisional paper ballot that is placed in a secret envelope. Envelopes for provisional ballots are usually printed with space for the voter to record their personal information and, most importantly, an affidavit or attestation for the voter to sign indicating their eligibility to vote.

The contents of a provisional ballot remain private while election officials investigate the voter’s eligibility. Because processing provisional ballots takes time, 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 find out if their provisional ballot has been accepted and counted (and, if not, why not). 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” about provisional ballots. The point to remember is that there are entirely legitimate administrative reasons that might prevent a poll worker from knowing for certain whether someone is eligible to vote at the time they register at the polling station; and in those cases, rather than turning away the voter, a provisional ballot provides a “holding zone” to prevent disenfranchisement.

Most importantly, provisional ballots are a critical test of the “one person, one vote” rule. Ballot counting is more than just counting; it is an intensive, laborious, multi-step process with rigorous protocols to protect the integrity of the vote. Election officials try to accept as many valid provisional ballots from as many eligible voters as possible (ie, to prevent disenfranchisement) while rejecting ballots from ineligible voters (ie, 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. Each valid ballot is counted and invalid ballots are not.

This methodical process ensures a free and fair choice that is rewarding both integrity and voter participation.