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Cure period for absentee and mail-in ballots
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Absentee/mail-in ballots must meet a variety of state requirements to be verified and counted. All 50 states require voters to provide valid signatures on their absentee/mail-in ballot return documents. In the event of a missing signature or a discrepancy in signature matching, 33 states require officials to notify voters and allow voters to correct signature errors through a process called ballot curing. Ballot curing is a two-part process that involves notification and correction. States that do not have a ballot curing process do not count ballots with missing or mismatched signatures.[1]
Note: This article is reviewed on an annual basis. It was last reviewed and updated in October 2024.
Overview of states with ballot curing provisions
As of October 2024, 15 states with a Democratic trifecta had ballot curing provisions, while 10 states with Republican trifectas and eight states with divided governments did.
The map below shows the 33 states with ballot curing provisions:
Laws by state
Ballot curing laws typically include two elements: a deadline by which election officials must determine and notify a voter of the need to cure a ballot discrepancy, called notification, as well as a description of how, and by when, a voter may correct and successfully cure their ballot discrepancy, called correction.
Alabama
Alabama does not have a cure process.
Alaska
Alaska does not have a cure process.
Arizona
Notification
Arizona law says, "Election officials shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature, and allow the voter to correct or the county to confirm the inconsistent signature."[1][2]
Correction
Arizona law says, "Voters have until the fifth business day after an election to correct a signature."[1][2] If a signature is missing altogether, "the county recorder or other officer in charge of elections shall make reasonable efforts to contact the elector, advise the elector of the missing signature, and allow the elector to add the elector's signature not later than 7:00 p.m. on Election Day."[2]
Arkansas
Arkansas does not have a cure process.
California
Notification
California law says, "on or before the next business day after a determination that a voter’s signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement."[1][3]
California law also says, "If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voter’s signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message."[3]
Correction
California law says, "The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election."[1][3]
Colorado
Notification
In the case of a mismatched signature, Colorado law says, "the county clerk and recorder shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector’s electronic mail address if available a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder."[1][4]
In the case of a missing signature, Colorado law says, "the county clerk and recorder shall, within three days after the missing signature is confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector’s electronic mail address if available a letter explaining the need for a signature for verification purposes and a form with instructions for the eligible elector..."[4]
Correction
In the case of missing signatures, Colorado law says, "If the county clerk and recorder receives the form within eight days after election day confirming that the eligible elector returned a ballot to the county clerk and recorder and enclosing a copy of the eligible elector’s identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted."[4]
The period is the same for mismatched signatures. Colorado law says, "If the county clerk and recorder receives the form within eight days after election day confirming that the elector returned a ballot to the county clerk and recorder and enclosing a copy of the elector’s identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted."[4]
Connecticut
Connecticut does not have a cure process.
Delaware
Delaware does not have a cure process.
Florida
Notification
Florida law says, "As soon as practicable, the supervisor shall, on behalf of the county canvassing board, attempt to notify an elector who has returned a vote-by-mail ballot that does not include the elector’s signature or contains a signature that does not match the elector’s signature in the registration books or precinct register by:
- 1. Notifying the elector of the signature deficiency by e-mail and directing the elector to the cure affidavit and instructions on the supervisor’s website;
- 2. Notifying the elector of the signature deficiency by text message and directing the elector to the cure affidavit and instructions on the supervisor’s website; or
- 3. Notifying the elector of the signature deficiency by telephone and directing the elector to the cure affidavit and instructions on the supervisor’s website."[1][5]
Correction
Florida law says, "The supervisor shall allow such an elector to complete and submit an affidavit in order to cure the vote-by-mail ballot until 5 p.m. on the 2nd day after the election."[1][5]
Georgia
Notification
Georgia law says, "When a timely submitted absentee ballot is rejected, the board of registrars or absentee ballot clerk shall send the elector notice of such rejection and opportunity to cure by mailing written notice, and attempt to notify the elector by telephone and email, if a telephone number or email is on the elector's voter registration record or absentee ballot application, no later than the close of business on the third business day after receiving the absentee ballot. However, for any timely submitted absentee ballot that is rejected within eleven days of Election Day, the board of registrars or absentee ballot clerk shall send the elector notice of such rejection and opportunity to cure by mailing written notice, and attempt to notify the elector by telephone and email, if a telephone number or email is on the elector's voter registration record or absentee ballot application, no later than close of business on the next business day."[1][6]
Correction
Georgia law says, "Such elector shall have until the end of the period for verifying provisional ballots contained in subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection of the ballot."[7] The referenced section of code says, "If the registrars determine after the polls close, but not later than three days following the primary or election, that the person casting the provisional ballot timely registered to vote and was eligible and entitled to vote in the precinct in which he or she voted in such primary or election, the registrars shall notify the election superintendent and the provisional ballot shall be counted and included in the county’s or municipality’s certified election results."[8]
Hawaii
Notification
Hawaii law says, "the clerk shall make an attempt to notify the voter by first class mail, telephone, or electronic mail to inform the voter of the procedure to correct the deficiency."[1][9]
Correction
Hawaii law says, "The voter shall have five business days after the date of the election to cure the deficiency."[1][9]
Idaho
Idaho does not have a cure process.
Illinois
Notification
Illinois law says, "the election authority shall, within 2 days after the rejection but in all cases before the close of the period for counting provisional ballots, notify the vote by mail voter that his or her ballot was rejected."[1][10]
Correction
Illinois law says, "The notice shall inform the voter of the reason or reasons the ballot was rejected and shall state that the voter may appear before the election authority, on or before the 14th day after the election, to show cause as to why the ballot should not be rejected."[1][10]
Indiana
Notification
Indiana law specifies that election officials must notify an absentee voter of a signature mismatch determination within two business days after the determination is made by election officials.[1][11]
Correction
Indiana law requires that, in the event of a signature mismatch, a voter submit a signed signature verification affidavit no later than noon eight days after Election Day.[1][11]
Iowa
Notification
Iowa law says, "If a ballot affidavit is incomplete or absent, the commissioner must notify the voter within 24 hours."[1][12]
Correction
Iowa law says, "A voter may vote a replacement ballot until the day before the election or vote at the voter’s precinct polling place."[1][12]
Kansas
Notification
Kansas law says, "The county election officer shall attempt to contact each person who submits an advance voting ballot where there is no signature or where the signature does not match with the signature on file." [1][13]
Correction
Kansas law says voters are allowed "the opportunity to correct the deficiency before the commencement of the final county canvass."[1][13]
Kentucky
Notification
Under Kentucky law, "Election officials shall make a reasonable effort to contact the voter and provide notice to the voter with a timeframe and manner in which the voter may cure his or her signature."[1][14]
Correction
Under Kentucky law, "Voters have until the close of polls on Election Day to cure a signature."[1][14]
Louisiana
Notification
Louisiana law says, "the registrar of voters shall segregate the ballot envelope and promptly notify the voter of the ballot envelope flap deficiency and of the opportunity to cure the deficiency."[1][15]
Correction
Louisiana law says, "Voters are required to appear in person at their registrar of voters office during normal business hours until 4:30 p.m. the day before the election to cure the ballot envelope flap deficiency."[15]
Maine
Notification
Maine law says, "The clerk must notify the voter within one business day of receiving the absentee ballot, unless the absentee ballot is received on election day or less than 24 hours before election day, in which case the clerk shall make a good faith effort to notify the voter as quickly as possible."[1][16]
Correction
Maine law allows voters to cure any ballot deficiencies up until the absentee ballot receipt deadline, which is the close of polls on election day. For certain deficiencies, such as a mismatched signature, Maine law instructs election officials to accept but challenge a deficient ballot that is not cured by the deadline.[16]
Maryland
Notification
Maryland law requires election officials to notify a voter of a curable ballot deficiency "as soon as practicable but not later than 3 business days after" the deficiency is identified, and "to provide the voter an opportunity to correct the omission and have the ballot counted."[1][17]
Correction
Maryland law says that voters must "correct the omission before 10 a.m. on the day that is 10 days after Election Day."[1][17]
Massachusetts
Notification
Massachusetts law says election officials, "shall notify, as soon as possible, each voter whose ballot was rejected that such ballot has been rejected. ."[1][18]
Correction
Massachusetts law allows voters to submit a new absentee ballot.[1][18]
Michigan
Notification
Michigan laws says, "The clerk must notify the elector by telephone, email, or text message, if available." [1][19]
Correction
Michigan law says, "the elector must be permitted an opportunity to cure the deficiency as provided under section 766a until 5 p.m. on the third day following the election."[1][19]
Minnesota
Notification
If a ballot is rejected more than five days from an election, Minnesota law requires election officials to "provide the voter with a replacement absentee ballot and signature envelope in place of the rejected ballot." If a ballot is rejected within five days, Minnesota law requires to, "contact the voter by the method or methods of communication provided by the voter on the voter's application for an absentee ballot or voter registration."[1][20]
Correction
Minnesota law allows voters to vote a replacement ballot.[1][20]
Mississippi
Notification
Mississippi laws says, "When a voter’s absentee ballot is rejected under Miss. Code Ann. § 23-15-639 for the signatures not corresponding on the absentee application and absentee ballot envelope, the registrar must notify the voter within one (1) business day of the election that the voter’s absentee ballot has been tentatively rejected."[1][21]
Correction
Mississippi laws says voters have until noon on 10th calendar day post-election to correct the deficiency.[1][21]
Missouri
Missouri does not have a cure process.
Montana
Notification
Montana law says, "the election administrator shall give notice to the elector by the most expedient method available" after identifying a curable deficiency.[1][22]
Correction
Montana law says, allows voters until 8 p.m. on Election Day to cure a deficiency or to vote a replacement ballot.[1][22]
Nebraska
Nebraska does not have a cure process.
Nevada
Notification
Nevada law requires election officials to notify voters of missing or mismatched signatures.[1][23]
Correction
Nevada law says, "the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the sixth day following the election."[1][23]
New Hampshire
New Hampshire does not have a cure process.
New Jersey
Notification
If election officials reject a mail-in ballot on the basis of a missing or mismatched signature, officials must notify the voter within 24 hours and send a cure form.[1][24]
Correction
New Jersey law allows voters to cure a deficiency up to, "not later than 48 hours prior to the final certification of the results of the election other than the general election, or in the case of a general election within 11 days after the general election."[24]
New Mexico
Notification
New Mexico law says, "The county clerk shall immediately attempt to contact a voter whose ballot qualification was rejected to provide notice to the voter of the rejection, opportunity to satisfy the reason for the rejection, and the process for curing reason for the rejection."[1][25]
Correction
New Mexico law says, "Voters may cure a rejected ballot in-person at the county clerk's office of the county where the ballot was issued or by electronic means or by regular mail."[25]
New York
Notification
New York law says, "The board shall indicate the issue that must be cured on the ballot envelope and, within one day of such determination, send to the voter's address indicated in the registration records and, if different, the mailing address indicated on the ballot application, a notice explaining the reason for such rejection and the procedure to cure the rejection. The board shall also contact the voter by either electronic mail or telephone."[1][26]
Correction
New York law says, "Such cure affirmation shall be received by the board no later than seven business days after the board's mailing of such curable rejection notice or the day before the election, whichever is later."[1][26]
North Carolina
Notification
North Carolina requires county boards of elections to promptly contact a voter about a curable defect.[1][27]
Correction
North Carolina law requires county board of elections to determine how voters can cure their ballots.[1][27]
North Dakota
Notification
North Dakota law says, "the election official shall notify the absent voter the signatures do not appear to match."[1][28]
Correction
North Dakota law says that a verification curing the mismatched signature "must be completed by the absent voter before close of the meeting of the canvassing board occurring thirteen days after the election."[1][28]
Ohio
Notification
Ohio law says, "the election officials shall mail a written notice to the voter, informing the voter of the nature of the defect."[1][29]
Correction
Ohio law says, "the voter must provide the necessary information to the board of elections in writing and on a form prescribed by the secretary of state not later than the fourth day after the day of the election."[1][29]
Oklahoma
Oklahoma does not have a cure process.
Oregon
Notification
Oregon law says, "the county clerk shall mail to the elector a notice that describes the nature of the challenge."[1][30]
Correction
Oregon law says, "In order for the vote of the elector to be counted, the elector must provide evidence sufficient to disprove the challenge not later than the 21st calendar day after the date of the election."[1][30]
Pennsylvania
Pennsylvania does not have a cure process. According to the Pennsylvania Secretary of State, "Under Pennsylvania law, counties are not required to allow voters to address errors on envelopes that have been returned to their county, but they are permitted to do so."[31]
Rhode Island
Notification
Rhode Island law says, "the Board shall immediately attempt to notify the voter by mail, and electronically if the voter has subscribed to receive such correspondence from election officials, that the ballot has been challenged, or not accepted by the Board, due to a signature discrepancy."[1][32]
Correction
Rhode Island law says that the missing or deficient information must be received, "no later than 4:00 p.m. on the third day following the date of a primary or seven (7) days following the date of an election."[1][32]
South Carolina
South Carolina does not have a cure process.
South Dakota
South Dakota does not have a cure process.
Tennessee
Tennessee does not have a cure process.
Texas
Notification
Texas law says, "Not later than the second day after a signature verification committee discovers a defect described by Subsection (a) and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee shall send the voter a notice of the defect and a corrective action form developed by the secretary of state under Subsection (c-1) by mail or by common or contract carrier."[1][33]
Correction
Texas law allows voters to correct a ballot defect by mail by the close of polls on Election Day, or in-person at a clerk's office no later than the sixth day after the election.[1][33]
Utah
Notification
Utah law says, "The election officer shall, within two business days after the day on which an individual's ballot is rejected, notify the individual of the rejection and the reason for the rejection, by phone, mail, email, or SMS text message."[1][34]
Correction
Utah law allows voters to submit an affidavit curing a ballot deficiency by, "no later than 5 p.m. three days before the day on which the canvass begins."[1][34]
Vermont
Notification
Vermont law says, "Not later than the next business day transmit a notice, with information required by the Secretary of State’s office, to the voter informing the voter that the voter’s ballot was deemed defective and rejected, the reason it was deemed defective, and the voter’s opportunity to correct the error." Within five business days of the election, "the clerk is not required to mail a notice to those voters whose ballots have been deemed defective. In these cases, the clerk shall make a reasonable effort to provide notice to the voter as soon as possible using any contact information for the voter, other than the mailing address, that is contained in the voter checklist and shall record the ballot as defective in the online election management system not later than 24 hours after the ballot is deemed defective."[1][35]
Correction
Vermont law says, "the voter may cure the defect until the closing of the polls on election day."[1][35]
Virginia
Notification
Under Virginia law, if a curable defect is discovered in a ballot received by the Friday before the election, then, "Within three days of such finding, the registrar shall notify the voter in writing or by email of the error or failure and shall provide information to the voter on how to correct the issue so his ballot may be counted."[1][36]
Correction
Virginia law says, "The voter shall be entitled to make such necessary corrections before noon on the third day after the election, and his ballot shall then be counted pursuant to the procedures set forth in this chapter if he is found to be entitled to vote."[1][36]
Washington
Notification
Washington law says: "the auditor shall notify the voter by first-class mail, and, if the auditor has a telephone number or email address on file for a voter, by telephone, text message, or email, enclosing a copy of the declaration if notified by first-class mail or email, and advise the voter both that the signature on the ballot declaration does not match the signature on file and of the correct procedures for updating his or her signature on the voter registration file. If the ballot is received within five business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least five business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, text message, or email, using the voter registration record information."[37]
Correction
Washington law allows voters until "no later than the day before certification of the primary or election" to cure a deficiency.[38]
West Virginia
West Virginia does not have a cure process.
Wisconsin
Wisconsin does not have a cure process.
Wyoming
Wyoming does not have a cure process.
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See also
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 1.47 1.48 1.49 1.50 1.51 1.52 1.53 1.54 1.55 1.56 1.57 1.58 National Conference of State Legislatures, "States With Signature Cure Processes," accessed January 26, 2024 Cite error: Invalid
<ref>tag; name "ncsl" defined multiple times with different content Cite error: Invalid<ref>tag; name "ncsl" defined multiple times with different content Cite error: Invalid<ref>tag; name "ncsl" defined multiple times with different content Cite error: Invalid<ref>tag; name "ncsl" defined multiple times with different content Cite error: Invalid<ref>tag; name "ncsl" defined multiple times with different content Cite error: Invalid<ref>tag; name "ncsl" defined multiple times with different content - ↑ 2.0 2.1 2.2 Arizona State Legislature, "Receipt of voter's ballot; cure period," accessed January 26, 2024
- ↑ 3.0 3.1 3.2 California Legislature, "Vote by mail voting," accessed January 26, 2024
- ↑ 4.0 4.1 4.2 4.3 LexisNexis, "C.R.S. 1-7.5-107.3," accessed January 26, 2024
- ↑ 5.0 5.1 Florida Legislature, "Canvassing of vote-by-mail ballot," accessed January 26, 2024
- ↑ Rules and Regulations of the State of Georgia, "Ga. Comp. R. & Regs. r. 183-1-14-.13 Prompt Notification of Absentee Ballot Rejection," accessed January 30, 2024
- ↑ Georgia General Assembly, "O.C.G.A. § 21-2-386," accessed January 30, 2024
- ↑ Georgia General Assembly, "O.C.G.A. § 21-2-419," accessed January 30, 2024
- ↑ 9.0 9.1 Hawaii Capitol, "CHAPTER 11-106," accessed January 30, 2024
- ↑ 10.0 10.1 Illinois Legislature, "10 ILCS 5/19-8—Time and place of counting ballots," accessed January 30, 2024
- ↑ 11.0 11.1 Indiana General Assembly, "IC 3-11.5-4-13.5–Absentee ballot signature comparison; procedure; signature verification affidavit," accessed January 30, 2024
- ↑ 12.0 12.1 Iowa Legislature, "53.18–Manner of preserving ballot and application — review of affidavit — replacement ballots," accessed January 30, 2024
- ↑ 13.0 13.1 Kansas Office of Revisor of Statutes, "25-1124. Advance voting; marking and mailing or depositing ballots; signature match required, when; procedures for voters needing assistance; unlawful acts and penalties." accessed October 9, 2024
- ↑ 14.0 14.1 Kentucky Revised Statutes, "Section 117.087–Challenge of a mail-in absentee ballot -- Processing and review of absentee ballots -- Counting procedure -- Limitation on publicizing partial results." accessed January 30, 2024
- ↑ 15.0 15.1 Louisiana Administrative Code, "§303. Absentee Ballot Deficiency Notification," accessed January 30, 2024
- ↑ 16.0 16.1 Maine Legislature, "Title 21-A: ELECTIONS Chapter 9: CONDUCT OF ELECTIONS Subchapter 4: ABSENTEE VOTING Article 1: REGULAR ABSENTEE VOTING §756-A. Procedures for curing absentee ballot return envelope defects," accessed January 30, 2024
- ↑ 17.0 17.1 Maryland Code and Court Rules, “Md. Election Law Code Ann. § 11-302 Canvassing of absentee ballots.” accessed January 31, 2024
- ↑ 18.0 18.1 Massachusetts Legislature, "Chapter 54 Section 94: Examination of ballots; acceptance or rejection," accessed January 30, 2024
- ↑ 19.0 19.1 Michigan Legislature, "Section 168.766 Verification of signature; rejection of ballot; opportunity to cure; manner; notice; "signature on file" defined," accessed October 9, 2024
- ↑ 20.0 20.1 Minnesota Legislature, "2023 Minnesota Statutes - 203B.121 BALLOT BOARDS." accessed January 31, 2024
- ↑ 21.0 21.1 Mississippi Administrative Code, "Title 1, Part 17 Rule 4.1 accessed October 9, 2024
- ↑ 22.0 22.1 Montana Code Annotated 2023, "13-13-245 - Notice To Elector -- Opportunity To Resolve Questions," accessed January 31, 2024
- ↑ 23.0 23.1 Nevada Statutes, "NRS TITLE 24 - ELECTIONS 293.269927 Duties of county clerk upon return of mail ballot: Procedure for checking signatures; safeguarding and delivery of mail ballots for counting; procedure to contact voter to remedy certain defects in returned mail ballot." accessed January 31, 2024
- ↑ 24.0 24.1 N.J. Legislative Statutes, "9:63-17 Actions of county board of elections relative to mail-in ballot." accessed January 31, 2024
- ↑ 25.0 25.1 New Mexico Administrative Code, "Section 1.10.12.16 - MAILED BALLOT CURING PROCESS," accessed January 31, 2024
- ↑ 26.0 26.1 Consolidated Laws of New York, "Section 9-209," accessed January 31, 2024
- ↑ 27.0 27.1 North Carolina Legislature, "§ 163-231. Voting absentee ballots and transmitting them to the county board of elections.," accessed January 31, 2024
- ↑ 28.0 28.1 North Dakota Century Code, "16.1-07-13.1. Signature mismatch - Verification of signatures.," accessed January 31, 2024
- ↑ 29.0 29.1 Ohio Laws and Administrative Rules, "Section 3509.06 | Counting absent voters' ballots." accessed January 31, 2024
- ↑ 30.0 30.1 Oregon Statutes, "ORS 254.431 - Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature ," accessed January 31, 2024
- ↑ Department of State, “Covering Pennsylvania Elections 101,” accessed November 14, 2024
- ↑ 32.0 32.1 Rhode Island Code, "Section 410-RICR-20-00-23.12 - PROTOCOL TO CURE DEFICIENCIES AND OMISSIONS," accessed January 31, 2024
- ↑ 33.0 33.1 Texas Election Code, "Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE VERIFICATION COMMITTEE." accessed January 31, 2024
- ↑ 34.0 34.1 Utah Code, "20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box -- Disposition -- Notice." accessed January 31, 2024
- ↑ 35.0 35.1 Vermont Laws, "Title 17, Chapter 51, Subchapter 6, § 2546. Receipt of ballots by clerk; voter status; opportunity to cure; processing absentee ballots" accessed January 31, 2024
- ↑ 36.0 36.1 Virginia's Legislative Information System, "§ 24.2-709.1. Processing returned absentee ballots before election day; cure process," accessed January 31, 2024
- ↑ Washington State Legislature, “Revised Code of Washington 29A.60.165,” accessed July 22, 2024
- ↑ Washington State Legislature, “Washington Administrative Code 434-261-053,” accessed July 22, 2024
