As a result of requirements in The Help America Vote Act, Delaware must by January 2004 provide provisional ballots to individuals who wish to vote but are not found to be registered or ineligible. Individuals who claim to be registered to vote in a federal election in a jurisdiction but are not on the official list of registered voters can cast a provisional ballot for candidates for Federal Offices only. 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 official at the polling place stating that the individual is a registered voter in the jurisdiction in which the individual desires to vote and is eligible to vote in that election.

Provisional ballots will be counted, if the individual proves to eligible to vote in that election and in the jurisdiction according to state law. Delaware will provide a free-access inquiry system which can be accessed at this location for voters who wish to inquire about their ballot status. By entering a unique number the voter can learn whether or not the ballot was counted and, if not, why?