Cure period for absentee and mail-in ballots
Absentee/mail-in ballots must meet a variety of state requirements to be verified and counted. In the 2020 election, all 50 states require voters to provide valid signatures on their absentee/mail-in ballot return documents. Thirty-two of these require election workers to match a voter's signature on ballot return documents with the signature on record for that voter.
In the event that a ballot missing a signature or there is a discrepancy in signature matching, nineteen states require officials to notify voters and allow voters to correct signature errors through a process called ballot curing. [1] Ballot curing is a two-part process that involving notification and correction. States that do not have a ballot curing process do not count ballots with missing or mismatched signatures.
This article lists state laws on ballot curing in the 19 states with ballot curing provisions.
Contents
Overview of states with ballot curing provisions
The map below shows 19 states with ballot curing provisions:
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." [2]
Correction
Arizona law says, "Voters have until the fifth business day after an election to correct a signature." [3]
California
Notification
California law says, "Voters of ballots with mismatching signatures are notified a minimum of eight days prior to certification of the election." [4]
Correction
California law says, "Voters have until 5 p.m. two days prior to certification of the election to provide a signature verification statement in person. If a voter fails to sign the absentee ballot envelope, they have until 5 p.m. on the eighth day after the election to submit an unsigned ballot statement." [5]
Colorado
Notification
Colorado law says, "Voters of ballots with missing/mismatching signatures are notified by mail within three days (or within two days after the election) of any discrepancy."[6]
Correction
Colorado law says, "A confirmation form accompanying the letter must be returned to the county clerk and recorder within eight days after Election Day to count."[7]
Florida
Notification
Florida law says, "County election supervisors shall notify any voter whose signature is missing or doesn’t match records."[8]
Correction
Florida law says, "Voters may cure ballots until 5 p.m. on the second day after the election."[9]
Georgia
Notification
Georgia law says, "If ballot is rejected, the voter is promptly notified of rejection."[10]
Correction
Georgia law says, "The voter then has until 3 days after the election to submit voter ID in conjunction with an affidavit confirming the ballot was in fact theirs in order to cure the ballot."[11]
Hawaii
Notification
Hawaii law says, "Local election officials 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."[12]
Correction
Hawaii law says, "The voter shall have five business days after the date of the election to cure the deficiency."[13]
Illinois
Notification
Illinois law says, "Voters are notified by mail of rejected ballot within two days of rejection."[14]
Correction
Illinois law says, "Voters have until 14 days after election to resolve issue with county election authority."[15]
Iowa
Notification
Iowa law says, "If a ballot affidavit is incomplete or absent, the commissioner must notify the voter within 24 hours."[16]
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."[17]
Massachusetts
Notification
Massachusetts law says, "Prior to Election Day, the voter is notified and, if sufficient time allows, sent a new ballot if an affidavit signature is absent or the ballot is rejected for other reasons."[18]
Correction
Massachusetts law says, "Voter can submit a new absentee ballot."[19]
Minnesota
Notification
Minnesota law says, "If a ballot is rejected more than five days before Election Day a replacement ballot is mailed; if rejected within five days, election officials must contact the voter via telephone or email to provide options for voting a replacement ballot."[20]
Correction
Minnesota law says, "Voter can request a replacement absentee ballot."[21]
Montana
Notification
Montana law says, "Election administrators shall notify voters of missing or mismatched signatures."[22]
Correction
Montana law says," Voters have until 8 p.m. on Election Day to cure their ballot."[23]
Nevada
Notification
Nevada law says, "Local election officials shall notify voters of missing or mismatched signatures."[24]
Correction
Nevada law says, "Voters have until the seventh day after the election to resolve the issue."[25]
New Jersey
Notification
New Jersey law says, "Within 24 hours after a ballot is rejected, county board of election must issue a cure letter informing voter of the rejection."[26]
Correction
New Jersey law says, "The voter may cure the deficiency by completing a cure form and returning to county board of election not later than 48 hours prior to final certification of election results."[27]
North Carolina
Notification
As of November 9, 2020, guidance from the North Carolina State Board of Elections said, "County boards of elections will contact voters when there are deficiencies with their absentee ballot. You should provide your phone number or email address on the request form in case the county board needs to contact you. The State Board encourages voters to carefully read and follow the instructions that come with the ballot. The State Board also encourages voters to request and return their absentee ballot as early as possible to ensure time remains to correct any issues. If an issue arises and the voter is unable to successfully cast an absentee ballot, that voter may still vote during the in-person early voting period or on Election Day."[28]
Ohio
Notification
Ohio law says, "Notice is mailed to voters whose ballots were rejected."[29]
Correction
Ohio law says, "Voters have until the seventh day after the election to resolve issue."[30]
Oregon
Notification
Oregon law says, "County clerks notify voters by mail of any signature absence or discrepancy."[31]
Correction
Oregon law says, "Voters must complete and return the certified statement accompanying the notice by the 14th day after the election for their ballot to count."[32]
Rhode Island
Notification
Rhode law says, "Local board of canvassers is responsible for notifying voters by mail, email or phone."[33]
Correction
Rhode law says, "Voters have until seven days after Election Day to correct a deficiency."[34]
Utah
Notification
Utah law says, "Election officials notify voters of ballot rejection in one to two business days if rejected before Election Day; seven days if rejected on Election Day; and seven days if rejected between Election Day and the end of official canvas." [35]
Correction
Utah law says, "Voters must sign a new affidavit statement provided by the clerk’s office and return by 5 p.m. the day before the official canvass (seven-14 days after Election Day)." [36]
Washington
Notification
Washington law says, "Voters notified by mail of rejected ballots due to missing/mismatching signature statements."[37]
Correction
Washington law says, "Voter must sign and return a curing statement before election certification (21 days after Election Day). Three days before certification, county auditors must attempt to contact by phone any voters with outstanding ballots to be cured."[38]
Footnotes
- ↑ NCSL, States that permit voters to correct, accessed October 21, 2020
- ↑ Arizona State Legislature, Receipt of voter's ballot; cure period, accessed October 21, 2020
- ↑ Arizona State Legislature, Receipt of voter's ballot; cure period, accessed October 21, 2020
- ↑ California Legislature, Vote by mail voting, accessed October 21, 2020
- ↑ California Legislature, Vote by mail voting, accessed October 21, 2020
- ↑ Findlaw, Colorado elections, accessed October 21, 2020
- ↑ Findlaw, Colorado elections, accessed October 21, 2020
- ↑ Florida Legislature, Canvassing by mail ballot, accessed October 21, 2020
- ↑ Florida Legislature, Canvassing by mail ballot, accessed October 21, 2020
- ↑ Findlaw, Georgia Elections, accessed October 21, 2020
- ↑ Findlaw, Georgia Elections, accessed October 21, 2020
- ↑ Hawaii Capitol, Election law, accessed October 21, 2020
- ↑ Hawaii Capitol, Election law, accessed October 21, 2020
- ↑ Illinois Legislature, Election law, accessed October 21, 2020
- ↑ Illinois Legislature, Election law, accessed October 21, 2020
- ↑ Iowa Legislature, manner of preserving ballot application, accessed October 21, 2020
- ↑ Iowa Legislature, manner of preserving ballot application, accessed October 21, 2020
- ↑ MA Legislature, Elections, accessed October 21, 2020
- ↑ MA Legislature, Elections, accessed October 21, 2020
- ↑ MN statute, absentee ballots, accessed October 21, 2020
- ↑ MN statute, absentee ballots, accessed October 21, 2020
- ↑ MT statute, absentee ballots, accessed October 21, 2020
- ↑ MT statute, absentee ballots, accessed October 21, 2020
- ↑ NV legislature, absentee ballots, accessed October 21, 2020
- ↑ NV legislature, absentee ballots, accessed October 21, 2020
- ↑ NJ Gov, elections statute, accessed October 21, 2020
- ↑ NJ Gov, elections statute, accessed October 21, 2020
- ↑ North Carolina State Board of Elections, "FAQs: Voting by Mail in North Carolina in 2020," accessed November 9, 2020
- ↑ OH Gov, elections statute, accessed October 21, 2020
- ↑ OH Gov, elections statute, accessed October 21, 2020
- ↑ Oregon laws, elections statute, accessed October 21, 2020
- ↑ Oregon laws, elections statute, accessed October 21, 2020
- ↑ Rhode Island Code, ballot certification process, accessed October 21, 2020
- ↑ Rhode Island Code, ballot certification process, accessed October 21, 2020
- ↑ Utah Gov, mail in ballots, accessed October 21, 2020
- ↑ Utah Gov, mail in ballots, accessed October 21, 2020
- ↑ Washington Legislature, unsigned ballot declaration, accessed October 21, 2020
- ↑ Washington Legislature, unsigned ballot declaration, accessed October 21, 2020