Challenges to Voter Eligibility

Elections

Ensuring that only eligible voters participate in elections is an integral aspect of election administration. To uphold this principle, each state has established laws and procedures intended to ensure every ballot is cast by a qualified individual. Voter challenges are used in many states to ensure that all individuals casting ballots or registering to vote meet the legal requirements to do so. Who is authorized to make a challenge, what types of challenges are allowed and what are sufficient grounds for challenging a voter differ from state to state.

Challenges to an individual’s eligibility to vote can be lodged at three different times:

Before Election Day by reviewing a list of voters and challenging whether an individual is properly qualified to be registered.

On Election Day when an individual shows up to vote (but before they cast the ballot).

During absentee/mail in ballot processing.

Some states allow challenges at each of these stages, while others only allow one or two.

In some states, only poll workers and election officials are authorized to challenge a voter. In others, voters can challenge other voters. Some states allow any registered voter in the state to challenge a voter, and some require a challenger to be registered in the same precinct as the person they are challenging. While poll workers, poll watchers or election observers are allowed to file challenges in some states, being a challenger is separate from those positions in many other states.

What happens after a challenge is filed varies by state. In most, if not all, states, a challenged voter receives notice that they have been challenged and has the opportunity to prove their eligibility in front of the officials deciding the challenge. These may be poll workers, a board of elections, the board of canvassers or some other election official.

Challenged voters may be required to swear an oath, provide proof of identity, attend a hearing, produce a witness or complete other similar procedures to prove they are qualified to vote. Many states allow challenged voters and challengers to appeal decisions to boards or courts.

Some states resolve challenges at the moment they are filed in the polling place, while others require challenged voters to vote a special ballot and a decision on the validity of the challenge is determined during the canvass or at a post-election hearing. In states where a challenge is decided immediately at the polling place, challenged voters might be permitted to vote a regular ballot after proving their eligibility. This may be accomplished by signing an affidavit or oath under penalty of perjury or by producing some evidence. In some of those states, a voter who is unable to satisfy the challenge is not able to vote. In others, a voter who does not satisfy the challenge but insists they are properly qualified to vote can vote a provisional or challenged ballot. In still other states, all challenged voters must vote a provisional ballot or a challenged ballot, which are processed after Election Day. In most states that require a challenged voter to vote a provisional ballot, the state’s typical processes for counting provisional ballots apply. Learn more about these processes on NCSL’s Provisional Ballots webpage. Some states require a post-election hearing on a challenged voter’s eligibility to determine whether to count the voter’s ballot. These processes are distinct from provisional ballot processes and are laid out in great detail in state statute. Table 2 indicates what kind of ballot a challenged voter can vote after being challenged.

This webpage contains two tables. Table 1 details the grounds for voter challenges across different states, including identity verification (to ensure the voter is who they claim to be), residency, citizenship, whether the individual has already voted, age and disenfranchisement status (whether by reason of a felony conviction or mental incompetency). Many states allow challenges to be filed if a challenger suspects a voter is not properly qualified to vote or is improperly registered, but do not list specific grounds. This general language is also reflected in the table.

Table 2 explains the type of ballot a voter can use if they have been challenged, the timing for resolving a challenge and whether challenges are allowed at the polling place, during processing of absentee/mail ballots or before voting begins, challenging a person’s eligibility to be registered to vote.

These tables are largely based on statutory information and may not capture information contained in regulations or election administration manuals. Nuances of challenge procedure vary significantly between states, and this page provides only a general overview.

Table 1: Who Can File a Challenge and On What Grounds

State	Who Can Challenge a Voter?	Identity	Residence	Citizenship	Already Voted	Age	Disenfranchised	Other
Alabama Ala. Code § 17-10-2	Inspectors (poll workers)							Knowledge that voter is not entitled to vote in the precinct.
Arizona Ariz. Rev. Stat. Ann. § 16-590 et seq.	County party designees Qualified voters of the county	X	X	X	X	X	X
Arkansas Ark. Stat. Ann. § §7-5-312	Poll watchers				X			Not eligible to vote in the precinct.
California Cal. Elec. Code §§ 14240, 15104 – 08	Members of precinct board or other official responsible for the conduct of the election Various county party committee and campaign organization members	X	X	X	X		X	Ballot not received by proper deadline.
Colorado Colo. Rev. Stat. § 1-9-101, 201 et seq.	Registered voters		X	X		X		Property ownership in certain elections.
Connecticut Conn. Gen. Stat. § 9-232, 232c – 232f	Voters	X	X				X
Delaware Del. Code Ann. tit. 15, §§ 4934, 4977	Political party appointees
District of Columbia D.C. Code Ann. § 1-1001.09	Poll watchers who are registered voters
Florida Fla. Stat. § 101.111	Registered voters of the county Poll watchers
Georgia Ga. Code § 21-2-229, 230	Registered voters of the county or municipality
Guam Guam Code tit. 3, § 9118	Voters of the same precinct	X	X	X	X
Hawaii Hawaii Rev. Stat. §§ 11-25, 11-26	Registered voters	X					X
Idaho Idaho Code § 34-304	Poll watchers							Poll watchers must have reasonable cause to believe a voter is not qualified to vote.
Illinois Ill. Rev. Stat. ch. 10, § 5/17-23	Poll watchers
Indiana Ind. Code §§ 3-6-7-1, 3-6-7-1.7, 2024 Indiana Election Day Handbook	Political party appointees Candidate appointees County election board appointees or members
Iowa Iowa Code § 49.104, 49.79	Registered voters Precinct election officials Political party appointees		X	X		X	X	Falsified information on the registration form.
Kansas Kan. Stat. Ann. § 25-414	Election judges (poll workers)		X
Kentucky Ky. Rev. Stat. §§ 117.315, 117.316	Political party appointees who are registered voters of the county	X	X				X
Louisiana La. Rev. Stat. Ann. § 18:565	Commissioners (poll workers) Poll watchers Qualified voters	X	X					Not qualified to vote in the election.
Maine Me. Rev. Stat. Ann. tit. 21-A, § 673	Voters Election officials	X	X	X		X		Failed to comply with various registration or ballot request procedures.
Maryland Md. Elec. Code Ann. § 10-311, Code of Md. Admin. Reg. 33.07.08.02	Election board designees Candidate, party or other campaign designees Nonaccredited challengers may enter the polling place to challenge one voter	X
Massachusetts Mass. Gen. Laws Ann. ch. 54, §§ 85A.950, 96	Political party appointees							For absentee/mail ballots, the voter was not unable by reason of physical disability to vote in person.
Michigan Mich. Comp. Laws §§ 168.727, 168.730	Election inspectors (poll workers) Voters				X			Not qualified to vote in the precinct.
Minnesota Minn. Stat. §§ 204C.07, 204C.12	Political party appointees							Personal knowledge that the voter is not eligible.
Mississippi Miss. Code Ann. §§ 23-15-571, 23-15-577	Poll workers Voters Candidates or candidate appointees	X	X		X			Unlawfully registered or removed their ballot from the polling place.
Missouri Mo. Rev. Stat. §§ 115.105	Political party appointees							State election laws have been or will be violated.
Montana Mont. Code Ann. § 13-13-301	Voters		X		X	X	X	Not lawfully registered or otherwise unqualified.
Nebraska Neb. Rev. Stat. § 32-926 – 932	Election judges or clerks (poll workers) Registered voters							Not duly qualified.
Nevada Nev. Rev. Stat. § 293.303	Registered voters of the precinct	X			X
New Hampshire N.H. Rev. Stat. § 659:27-a NH Rev. Stat. Ann. 666:4	Appointed challengers Registered voters Election officials	X	X	X	X	X	X
New Jersey N.J. Rev. Stat. § 19:7-1 N.J.S.A. 19:7-4 N.J.S.A. 19:7-6.1	Appointed challengers Candidates Chairs of the respective district boards		X					Not properly registered or qualified to vote.
New Mexico N. M. S. A. 1978, § 1-12-20	Members of the precinct board Party challengers				X			Not a qualified voter.
New York McKinney's Election Law § 8-506 McKinney's Election Law § 8-502	Inspectors or clerks (poll workers) Poll watchers Registered voters						X	Voter died before the election, voter’s signature does not match, or the voter is otherwise not entitled to vote.
North Carolina N.C.G.S.A. § 163-85	Registered voters of the county	X	X	X	X (for primary elections only)	X	X	Voter died.
North Dakota	Not addressed in statute.
N. Mariana Islands § 30-10-235 b (p. 13) 1 CMC § 6215 § 6215. Challenge by Voters; Grounds; Procedure. (cnmilaw.org)	Registration clerks	X	X					Not qualified to vote.
Ohio R.C. § 3505.20	Precinct election officials		X	X		X		Not qualified to vote.
Oklahoma	Not addressed in statute.
Oregon O.R.S. § 254.415	County clerks Election officials Qualified voters							Not qualified to vote.
Pennsylvania 25 P.S. § 3050 25 P.S. § 2685 25 P.S. § 2687	Appointed challengers Poll watchers Qualified voters Election officers	X	X					Alleged violation of voter qualifications.
Puerto Rico 16 L.P.R.A. § 4576 16 L.P.R.A. § 4577	Voters from the same precinct as the voter they seek to challenge	X	X	X		X	X	Registered more than once.
Rhode Island R.I. Gen. Laws §17-19-22	Credentialed poll watchers Election officials	X						Not qualified to vote.
A.Samoa 6.0223 Challenge by qualified electors-Grounds-Procedure. https://asbar.org/code-annotated/6-0223-challenge-by-qualified-electors-grounds-procedure/	Registered voters	X						Not entitled to vote in that district.
South Carolina Code 1976 § 7-13-810	Managers of election (poll workers) Registered voters Qualified poll watchers							Not a qualified voter.
South Dakota SDCL § 12-18-10	Registered voters	X					X
Tennessee T. C. A. § 2-7-124 Tenn. Code Ann §2-7-104 T. C. A. § 2-7-123	Poll watchers Registered voters	X	X		X			Is not a registered voter or has become ineligible to vote since registering.
Texas V.T.C.A., Election Code § 16.091	Registered voters of the county							Not qualified to vote.
Utah U.C.A. 1953 § 20A-3a-803 U.C.A. 1953 § 20A-3a-805	Poll workers Poll watchers Registered voters within the election jurisdiction	X	X	X	X	X	X	In a primary election, the voter doesn’t meet the political party affiliation requirements for the ballot they seek to vote.
Vermont 17 V.S.A. § 2564	Political party and campaign designees Candidates	X			X
Virginia VA Code Ann. § 24.2-651	Registered voters Officers of election	X	X	X	X	X	X
U.S. Virgin Islands 18 V.I.C. § 552 18 V.I.C. § 586 18 V.I.C. § 587	Authorized poll watchers Qualified voters Officers of election							Not a qualified voter in the election district.
Washington West's RCWA 29A.08.810 West's RCWA 29A.08.810	Registered voters County prosecuting attorney		X	X		X	X
West Virginia W. Va. Code, § 3-1-41 W. Va. Code, § 3-2-28	Registered voters Clerks of the county commission Secretary of State County registrars Political party committee chairs	X			X			Another valid challenge exists against the voter or the voter’s signature does not match.
Wisconsin W.S.A. 6.925	Registered voters		X				X	Not qualified to vote.
Wyoming W.S.1977 § 22-15-104 Wyo. Stat. Ann. § 22-15-108	Election officials	X	X		X

Table 2: Challenge Processes

State	What Types of Challenges are Accepted?	How is the Challenge Decided?	How Can a Challenged Voter Vote?
Alabama Ala. Code § 17-10-2	Polling place Absentee/Mail	The board of registrars will consider challenges after the election.	Provisional ballot
Arizona Ariz. Rev. Stat. Ann. § 16-590 et seq.	Polling place	Voter may choose to be sworn in to answer questions to resolve the challenge immediately.	Regular or provisional ballot
Arkansas Ark. Stat. Ann. §§ 7-5-312, 308	Polling place	County board of election commissioners shall consider challenges before certification of the election.	Provisional ballot
California Cal. Elec. Code § 14240 et seq., 15105	Polling place Absentee/Mail	Voter shall immediately take an oath affirming their qualifications for challenges on the basis of identity. Precinct boards shall consider challenges on the basis of residency or citizenship at the time of the challenge.	Regular ballot
Colorado Colo. Rev. Stat. § 1-9-101, 201 et seq.	Registration list Polling place Absentee/Mail	Hearings for challenges to the registration list shall be held no later than 30 days after the challenge is filed. Voter may choose to answer questions and sign challenge form at the time of the challenge. Provisional challenged ballots are decided with provisional ballots.	Regular or provisional ballot
Connecticut Conn. Gen. Stat. § 9-232, 232c – 232f	Polling place	Challenges may be considered at the polling place. Challenged ballots will be considered by the board of admissions if ordered in a contested election.	Regular or challenged ballot
Delaware Del. Code Ann. tit. 15, §§ 4936, 4939	Polling place	Challenges shall be considered immediately.	Regular or provisional ballot
District of Columbia D.C. Code Ann. § 1-1001.09	Polling place	Challenges shall be considered at the polling place by the site coordinator.	Regular or challenged ballot
Florida Fla. Stat. § 101.111	Registration list Polling place	Challenges on residency grounds may be considered at the polling place.	Regular or provisional ballot
Georgia Ga. Code § 21-2-229, 230	Registration list Polling place Absentee/Mail	Board of registrars shall set a hearing within 10 business days of serving notice of a challenge to the registration list. Board of registrars shall immediately consider challenges made at the polling place.	Regular or challenged ballot
Guam Guam Code § 9118, 9119, 9121, 10121	Polling place Absentee/Mail	Precinct board shall immediately consider challenges.	Regular ballot
Hawaii Hawaii Rev. Stat. §§ 11-25, 26	Registration list Polling place	Clerk shall consider challenges to the registration list as soon as possible. Clerk shall immediately consider challenges in the polling place.	Regular ballot
Idaho Idaho Code § 34-304, 34-432, 34-1111	Registration list Polling place	A voter challenged at the polling place may take an oath declaring they are eligible to vote. County clerk shall begin challenge decision processes no later than the ninth Friday after the election.	Regular ballot
Illinois Ill. Rev. Stat. ch. 10, §§ 5/17-9, 5/17-10	Polling place	Challenged voter shall subscribe an affidavit affirming their qualifications to vote.	Regular ballot
Indiana 2024 Election Day Handbook	Polling place Absentee/Mail	Challenged voter must complete an affidavit affirming their qualifications to vote. County election board considers challenges to absentee/mail voters.	Regular or provisional ballot
Iowa Iowa Code §§ 48A.14 –16, 49.79	Registration list Polling place	Challenged voter must complete a challenge form. Challenge is considered at the polling place. For a challenge to the registration list, a hearing will be held between twenty and thirty days after the commissioner receives the challenge.	Provisional ballot
Kansas Kan. Stat. Ann. § 25-409	Polling place	County board of canvassers shall consider challenges during the canvass.	Provisional ballot
Kentucky Ky. Rev. Stat. § 117.076, 117.316	Polling place	Challenged voter shall complete an affidavit.	Regular ballot
Louisiana La. Rev. Stat. Ann. §§ 18:1315, 18:1434, 18:565	Polling place Absentee/Mail	Commissioners (poll workers) shall consider a challenge at the polling place immediately. Board shall consider challenges to absentee/mail ballots at the time of counting.	Regular ballot
Maine Me. Rev. Stat. Ann. tit. 21-A, § 673	Polling place Absentee/Mail	Registrar shall hold a hearing within a reasonable time after the election.	Challenged ballot
Maryland Code Md. Admin. Reg. 33.07.08.03	Polling place	Election judge shall consider challenges immediately. Provisional challenged ballots are considered by the local board.	Regular or provisional
Massachusetts Mass. Gen. Laws Ann. ch. 54, § 35A, 35B, 85, 96	Polling place Absentee/Mail	Election official shall require the challenged voter to swear an oath. Challenged ballots are counted and totals are recorded separately.	Challenged ballot
Michigan Mich. Comp. Laws § 168.727 – 731 ,733, 168.730	Polling place	Election inspectors shall consider challenges at the polling place immediately.	Regular ballot
Minnesota Minn. Stat. §204C.07, 204C.12	Polling place	Election judge shall consider challenges at the polling place immediately.	Regular ballot
Mississippi Miss. Code Ann. § 23-15-577, 23-15-571	Polling place Absentee/Mail	Poll managers shall consider challenges at the polling place immediately.	Regular or challenged ballot
Missouri Mo. Rev. Stat. § 115.105	Polling place	Election judges shall consider challenges at the polling place.	Regular ballot
Montana Mont. Code Ann. § 13-13-301	Registration list Polling place	Election administrator shall consider challenges to the registration list before the close of registration. Election administrator or election judge shall consider challenges made on Election Day on that day.	Provisional ballot
Nebraska Neb. Rev. Stat. § 32-926 – 932	Polling place	Election inspector or judge shall consider challenges made at the polling place immediately.	Regular ballot
Nevada Nev. Rev. Stat. §§ 293.303 – 304	Polling place	Election board officer shall consider challenges at the polling place.	Regular ballot or special polling place ballot
New Hampshire N.H. Rev. Stat. § 659:27 N.H. Rev. Stat. § 659:51 NH Rev. Stat. Ann. 666:4	Polling place Absentee/Mail	Moderator (poll worker) considers challenges. If the challenge is well grounded, the voter must sign an affidavit before voting. If the challenge is not well grounded, the challenged voter will be allowed to vote.	Regular ballot
New Jersey N.J.S.A. 19:62-12 N.J.S.A. 19:15-18 N.J.S.A. 19:15-18.1 N.J.S.A. 19:15-24	Registration list Polling place Absentee/Mail	Challenged voter whose name doesn’t appear on a challenge list shall be allowed to vote after signing an affidavit, presenting valid ID and answering questions.	Regular ballot
New Mexico N. M. S. A. 1978, § 1-12-22	Polling place	The challenge must be unanimously affirmed by the presiding judge for a person to be provided a provisional ballot. If not unanimously affirmed, the voter will be allowed to vote.	Provisional ballot
N.Y. Elec. Law §§ 8-502, 504, 506	Registration list Polling place Absentee/Mail	The challenged voter will be administered an oath and the board of inspectors will consider the challenge.	Regular ballot
North Carolina N.C.G.S.A. § 163-85 N.C.G.S.A. § 163-86 N.C.G.S.A. § 163-88.1 N.C.G.S.A. § 163-89	Registration list Polling place Absentee/Mail	The county board of elections will schedule a hearing on a challenge.	Challenged ballot
North Dakota	Not addressed in statute.
N. Mariana Islands § 30-10-235 b (p. 13) § 30-10-240 Hearings on Challenges of Registration (p.14) Title 30 Chapter 10 Commonwealth Election Commission Regulations (cnmilaw.org)	Registration list Polling place	Hearings on challenges to the registration list must be held within 30 days of the challenged voter submitting an affidavit. Challenges filed at the polling place will be considered immediately.	Regular ballot
Ohio R.C. § 3505.20	Registration list Absentee/Mail Polling Place	Challenges filed at the polling place are considered immediately. Other challenges may be considered prior to Election Day.	Regular or Provisional ballot
Oklahoma	Not addressed in statute.
Oregon O.R.S. § 254.426 O.R.S. § 254.431	Registration list Absentee/Mail Polling place	County clerk considers challenges.	Regular ballot
Pennsylvania 25 P.S. § 3050	Polling place	County board of elections shall schedule a hearing within 7 days of the challenge.	Regular or Provisional ballot
Puerto Rico 16 L.P.R.A. §§ 4576, 4730	Registration list Polling place	The Local Commission will schedule a hearing within 10 days of the challenge being filed. For challenges filed at the polling place, the challenged voter will have the opportunity to respond in writing and the State Election Commission shall consider the challenge.	Regular ballot
Rhode Island Gen. Laws 1956, §§ 17-9.1-28. 17-15-26	Registration list Polling Place	Challenges to the registration list are considered at a hearing before the local board of elections. Voters challenged at the polling place vote a provisional ballot.	Regular or Provisional ballot
A. Samoa § 6.0223	Registration list	Following the investigation and ruling of the election officer.	Regular ballot
South Carolina Code 1976 §§ 7-13-810, 820, 830	Registration list Polling place Absentee/Mail	Challenges are considered at the polling place and decisions are finalized during the canvass.	Provisional ballot
South Dakota SDCL § 12-18-10	Polling place Absentee/Mail	Challenges are considered by the precinct superintendent and deputies.	Regular ballot
Tennessee Tenn. Code Ann. §§ 2-7-123, 125	Polling Place	Challenges are considered at the polling place.	Regular ballot
Texas V.T.C.A., Election Code § 16.093 V.T.C.A., Election Code § 16.095	Registration list	Challenges are considered at a hearing held not later than the 20th day after the challenge is filed.	Regular ballot
Utah U.C.A. 1953 § 20A-3a-804 U.C.A. 1953 § 20A-3a-805	Registration list Polling place Absentee/Mail	Challenges to the registration list shall be considered before early voting begins or before the canvass is held, depending on when the challenge was filed. Challenges filed at the polling place shall be considered according to provisional ballot procedures.	Provisional ballot
Vermont 17 V.S.A. § 2564	Polling place	Challenges are considered immediately.	Regular ballot
Virginia VA Code Ann. § 24.2-651	Polling place	Challenges at the polling place are considered immediately.	Regular or Provisional ballot
U.S. Virgin Islands 18 V.I.C. § 586 18 V.I.C. § 668 18 V.I.C. § 101	Registration list Polling place Absentee/Mail	Challenges at the polling place and challenges to absentee ballots are considered immediately. Challenges to the registration list are resolved via voter registration affidavit.	Regular ballot
Washington West's RCWA 29A.08.820 West's RCWA 29A.08.840	Registration list	Challenges are considered at a hearing before the county auditor. All challenged ballots must be resolved before certification of the election.	Regular ballot
West Virginia W. Va. Code, § 3-2-28 W. Va. Code, § 3-1-41	Registration list Polling place	Challenges to the registration list will be considered within 30 days of when the challenged voter is notified of the challenge. Challenges filed at the polling place will be considered at the canvass.	Provisional ballot
Wisconsin W.S.A. 6.48 W.S.A. 6.94, 6.95 W.S.A. 6.925	Registration list Absentee Polling place	Challenges to the registration list shall be considered within one week of when the challenged voter is notified. Challenges filed at the polling place shall be considered during the canvass.	Challenged ballot
Wyoming W.S.1977 § 22-15-105	Registration list	Challenges are considered at the canvass.	Provisional ballot

Summary Challenges to Voter Eligibility

Table 1: Who Can File a Challenge and On What Grounds

Table 2: Challenge Processes

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Related Resources

NCSL Election Resources

Early In-Person Voting

Rules for Challenging Voter Eligibility Vary Across the States

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