Provisional Ballot Fairness in Counting Act of 2009 - Amends the Help America Vote Act of 2002 to revise requirements for the treatment of provisional ballots in federal elections.
Prohibits any election recount until all provisional votes have been counted. Requires the chief state election official, in determining whether to count a provisional vote, to review not only official registered voter lists but also any information an individual voter submitted during the registration process.
Requires a provisional ballot in a federal election to be treated as a voter registration application if it is rejected on the ground that the individual is not registered to vote in the election.