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Election results, 2020: Analysis of rejected ballots
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Last updated: Sept. 10, 2021
This page compares the percentages of rejected absentee/mail-in ballots between the 2016, 2018, and 2020 general elections by state. From 2016 to 2020, the percentage of rejected absentee/mail-in ballots increased in 12 states and decreased in 33. The rate was unchanged in two states and three—Alabama, Alaska, and Vermont—were excluded due to incomplete data.
In 2020, voters cast 70,550,699 absentee/mail-in ballots in the general election. Of these, 560,177 (0.8%) of which were rejected. By comparison, absentee/mail-in ballot rejection rates in 2018 and 2016 were 1.4% and 1.0%, respectively.[1]
Turnout and absentee/mail-in data on this page comes from the U.S. Election Assistance Commission's (EAC) annual "Election Administration and Voting Survey" unless otherwise noted. Percentages were calculated by Ballotpedia.
Absentee/mail-in ballot figures, 2016-2020 | ||||||
---|---|---|---|---|---|---|
Year | Overall turnout | Ballots returned | Ballots rejected | Rejection rate[2] | ||
2020 | 161,303,109 | 70,550,699 | 560,177 | 0.8% | ||
2018 | 120,314,461 | 30,377,407 | 430,190 | 1.4% | ||
2016 | 140,114,503 | 33,378,450 | 318,728 | 1.0% |
On this page you will find:
- An explanation of absentee/mail-in voting
- An analysis of rejected absentee/mail-in ballots in 2020
- A comparison of rejection rates since 2016
- Reasons why an absentee/mail-in ballot might be rejected
- Links to EAC reports since 2016
- Articles discussing 2020 absentee/mail-in ballot rejection rates
Absentee/mail-in voting
- See also: Absentee/mail-in voting
All states allow for some form of absentee/mail-in voting, which allows voters to cast a ballot outside of in-person voting on Election Day.[3] Many states implemented adjusted policies regarding absentee/mail-in voting in 2020 in response to the coronavirus pandemic. Consequently, political pundits and other observers estimated that 2020 would see historic rates of absentee/mail-in voting and, similarly, increased rates of absentee/mail-in ballot rejection.[4][5][6]
Absentee/mail-in voting procedures can be divided into two categories: automatic absentee/mail-in ballot systems and request-required absentee/mail-in ballot systems. Automatic absentee/mail-in ballot systems mandate that all eligible voters receive either a ballot or ballot application by default. Request-required absentee/mail-in ballot systems require that eligible voters initiate the process for receiving and casting absentee/mail-in ballots.
In 2020:
- Nine states and Washington, D.C., used an automatic absentee/mail-in ballot system.[7]
- For five states and D.C., this was in response to the COVID-19 pandemic.
- Utah switched to an automatic absentee/mail-in ballot system in 2018.
- Three states—Colorado, Oregon, and Washington—had used an automatic absentee/mail-in ballot system since at least 2016.
- Five states—Indiana, Louisiana, Mississippi, Tennessee, and Texas—required voters to provide an approved reason in order to receive an absentee/mail-in ballot and had done so since at least 2016.[8]
- Thirty-six states either allowed voters to request an absentee/mail-in ballot without providing a reason or expanded the reasons to include fear of contracting or spreading the coronavirus.
- For eleven states, eligibility was either expanded or effectively expanded to all voters in 2020 in response to the COVID-19 pandemic.
- Twenty-five states had allowed voters to request an absentee/mail-in ballot without providing a reason since at least 2016.
(hover over bolded text to view states)
Analysis of rejected absentee/mail-in ballots, 2020
Overall, the nationwide rate of rejected absentee/mail-in ballots was lower in 2020 (0.8%) than in 2018 (1.4%) and 2016 (1.0%).
At the state level, the 2020 general election marked the first time since 2016 that the number of states with a rejection rate less than 1.0% outnumbered states with a rejection rate greater than or equal to 1.0%. The percentage of rejected absentee/mail-in ballots was less than 1.0% in 37 states and greater than or equal to 1.0% in 12.[9]
The map below shows rejected absentee/mail-in votes as a share of returned absentee/mail-in ballots by state in 2018. A darker shade indicates a larger share of rejected ballots.
The five states with the highest rates of rejected absentee/mail-in ballots were:
|
The six states with the lowest rates of rejected absentee/mail-in ballots were:
|
Click "show" on the table header below to view raw and percentage figures relating to absentee/mail-in ballots taken from the EAC's 2020 report. The "% counted" and "% rejected" columns show counted and rejected ballots as a percentage of ballots returned. The "Total votes cast" column shows the total number of votes by any method. The "% absentee/mail-in ballots" column shows the percentage of that total that were cast by the absentee/mail-in ballot method. Footnotes next to state names were taken directly from page 36 of the EAC's 2020 report explaining data discrepancies.
Absentee/mail-in ballot and turnout figures by state, 2020[10] | |||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
State | Absentee/mail-in ballots | Total turnout | |||||||||||||||||
Returned | Counted | % counted | Rejected | % rejected | Total votes cast | % absentee/mail-in ballots | |||||||||||||
Alabama[11] | 158,321 | - | - | - | - | 2,329,047 | - | ||||||||||||
Alaska | 97,344 | 96,701 | 99.3% | 643 | 0.7% | 361,400 | 26.8% | ||||||||||||
Arizona | 2,938,896 | 2,931,164 | 99.7% | 7,732 | 0.3% | 3,420,481 | 85.7% | ||||||||||||
Arkansas[12] | 117,555 | 84,232 | 71.7% | 7,561 | 6.4% | 1,209,997 | 7.0% | ||||||||||||
California | 15,398,923 | 15,305,243 | 99.4% | 92,924 | 0.6% | 17,720,746 | 86.4% | ||||||||||||
Colorado | 3,122,440 | 3,092,904 | 99.1% | 29,536 | 0.9% | 3,320,607 | 93.1% | ||||||||||||
Connecticut | 673,899 | 667,403 | 99.0% | 6,496 | 1.0% | 1,863,479 | 35.8% | ||||||||||||
Delaware | 163,234 | 161,135 | 98.7% | 2,099 | 1.3% | 514,656 | 31.3% | ||||||||||||
District of Columbia | 235,486 | 234,758 | 99.7% | 728 | 0.3% | 346,491 | 67.8% | ||||||||||||
Florida | 4,750,645 | 4,740,149 | 99.8% | 13,919 | 0.3% | 11,137,676 | 42.6% | ||||||||||||
Georgia[13] | 1,316,165 | 1,311,361 | 99.6% | 4,804 | 0.4% | 5,023,812 | 26.1% | ||||||||||||
Hawaii | 551,383 | 548,636 | 99.5% | 2,747 | 0.5% | 580,098 | 94.6% | ||||||||||||
Idaho[14] | 344,893 | 352,641 | 102.2% | 3,613 | 1.0% | 878,527 | 40.1% | ||||||||||||
Illinois | 2,013,990 | 1,986,445 | 98.6% | 33,853 | 1.7% | 6,140,545 | 32.3% | ||||||||||||
Indiana | 538,860 | 535,942 | 99.5% | 2,918 | 0.5% | 3,103,284 | 17.3% | ||||||||||||
Iowa | 997,652 | 994,300 | 99.7% | 2,592 | 0.3% | 1,700,130 | 58.5% | ||||||||||||
Kansas[15] | 295,021 | 24,924 | 8.4% | 1,361 | 0.5% | 1,379,623 | 1.8% | ||||||||||||
Kentucky | 634,595 | 631,497 | 99.5% | 3,101 | 0.5% | 2,149,444 | 29.4% | ||||||||||||
Louisiana | 163,656 | 161,292 | 98.6% | 2,364 | 1.4% | 2,169,354 | 7.4% | ||||||||||||
Maine | 362,594 | 359,331 | 99.1% | 1,326 | 0.4% | 822,534 | 43.7% | ||||||||||||
Maryland | 1,505,791 | 1,502,852 | 99.8% | 2,939 | 0.2% | 3,059,603 | 49.1% | ||||||||||||
Massachusetts | 1,531,001 | 1,521,052 | 99.4% | 9,949 | 0.6% | 3,658,005 | 41.6% | ||||||||||||
Michigan | 2,762,148 | 2,741,668 | 99.3% | 20,480 | 0.7% | 5,579,317 | 49.1% | ||||||||||||
Minnesota | 1,295,908 | 1,286,660 | 99.3% | 9,248 | 0.7% | 3,290,013 | 39.1% | ||||||||||||
Mississippi | 239,488 | 233,925 | 97.7% | 5,563 | 2.3% | 1,334,155 | 17.5% | ||||||||||||
Missouri | 905,132 | 899,695 | 99.4% | 5,437 | 0.6% | 3,201,458 | 28.1% | ||||||||||||
Montana | 599,505 | 597,912 | 99.7% | 1,593 | 0.3% | 612,141 | 97.7% | ||||||||||||
Nebraska | 486,844 | 485,195 | 99.7% | 1,649 | 0.3% | 966,786 | 50.2% | ||||||||||||
Nevada | 670,091 | 664,461 | 99.2% | 5,630 | 0.8% | 1,407,761 | 47.2% | ||||||||||||
New Hampshire | 255,935 | 253,932 | 99.2% | 2,003 | 0.8% | 814,499 | 31.2% | ||||||||||||
New Jersey | 4,228,687 | 4,178,875 | 98.8% | 49,812 | 1.2% | 4,494,659 | 93.0% | ||||||||||||
New Mexico | 339,906 | 328,631 | 96.7% | 17,008 | 5.0% | 928,230 | 35.4% | ||||||||||||
New York | 1,832,724 | 1,763,448 | 96.2% | 66,746 | 3.6% | 8,701,749 | 20.3% | ||||||||||||
North Carolina | 981,816 | 974,351 | 99.2% | 7,465 | 0.8% | 5,543,405 | 17.6% | ||||||||||||
North Dakota | 183,544 | 183,152 | 99.8% | 392 | 0.2% | 364,499 | 50.2% | ||||||||||||
Ohio | 2,144,504 | 2,135,600 | 99.6% | 8,904 | 0.4% | 5,974,121 | 35.7% | ||||||||||||
Oklahoma | 280,106 | 275,017 | 98.2% | 5,089 | 1.8% | 1,564,886 | 17.6% | ||||||||||||
Oregon | 2,397,091 | 2,379,544 | 99.3% | 17,547 | 0.7% | 2,396,123 | 99.3% | ||||||||||||
Pennsylvania | 2,653,688 | 2,619,517 | 98.7% | 34,171 | 1.3% | 6,973,951 | 37.6% | ||||||||||||
Rhode Island | 318,426 | 318,313 | 100.0% | 113 | 0.0% | 519,412 | 61.3% | ||||||||||||
South Carolina | 430,229 | 425,701 | 98.9% | 4,528 | 1.1% | 2,523,856 | 16.9% | ||||||||||||
South Dakota | 123,406 | 122,525 | 99.3% | 789 | 0.6% | 427,406 | 28.7% | ||||||||||||
Tennessee | 218,149 | 216,074 | 99.0% | 2,090 | 1.0% | 3,074,692 | 7.0% | ||||||||||||
Texas | 988,364 | 982,362 | 99.4% | 8,304 | 0.8% | 11,449,044 | 8.6% | ||||||||||||
Utah | 1,396,681 | 1,386,385 | 99.3% | 10,296 | 0.7% | 1,542,529 | 89.9% | ||||||||||||
Vermont | 273,784 | 272,318 | 99.5% | 1,465 | 0.5% | 368,075 | 74.0% | ||||||||||||
Virginia | 990,198 | 983,907 | 99.4% | 6,291 | 0.6% | 4,487,338 | 21.9% | ||||||||||||
Washington | 4,082,581 | 4,051,164 | 99.2% | 31,417 | 0.8% | 4,116,055 | 98.4% | ||||||||||||
West Virginia | 142,445 | 142,191 | 99.8% | 254 | 0.2% | 801,667 | 17.7% | ||||||||||||
Wisconsin[16] | 1,304,554 | 1,302,101 | 99.8% | 2,981 | 0.2% | 3,308,331 | 39.4% | ||||||||||||
Wyoming | 85,627 | 85,454 | 99.8% | 173 | 0.2% | 278,503 | 30.7% | ||||||||||||
U.S. Total | 70,550,699 | 69,560,318 | 98.6% | 560,826 | 0.8% | 161,303,109 | 43.1% |
Comparison of rejected absentee/mail-in ballots, 2016-2020
Between the 2016 and 2020 general elections, rejection rates increased in 12 states and D.C., decreased in 34 states, and were unchanged in two states.[17]
The five states with the largest increases in rejected ballots from 2016 to 2020 were:
|
The six states with the largest decreases in rejected ballots from 2016 to 2020 were:
|
The chart below shows percentage point changes in rejection rates by state between the 2016 and 2020 general elections. Use the links in the chart to switch comparisons between 2016 and 2018 and 2018 and 2020.
The table below shows the number of absentee/mail-in ballots returned and rejected and the rejection rates by state in the 2016, 2018, and 2020 general elections. The "Change" column shows the percentage point change in rejection rates between these general elections.
Comparison of rejected absentee/mail-in ballots in the 2016, 2018, and 2020 general elections | |||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
State | 2016[18] | 2018[19] | 2020[10] | Change | |||||||||||||||
Returned | Rejected | Rejection rate |
Returned | Rejected | Rejection rate |
Returned | Rejected | Rejection rate |
2016-2018 | 2018-2020 | 2016-2020 | ||||||||
Alabama | 88,601 | 0 | -[20] | 57,832 | 1,368 | 2.4% | 158,321 | 0 | -[20] | -[21] | -[21] | -[21] | |||||||
Alaska | 27,626 | 876 | 3.2% | 24,425 | 758 | 3.1% | 97,344 | 643 | 0.7% | -0.1 | -2.4 | -2.5 | |||||||
Arizona | 2,017,722 | 10,769 | 0.5% | 1,899,240 | 8,567 | 0.5% | 2,938,896 | 7,732 | 0.3% | -0.1 | -0.2 | -0.3 | |||||||
Arkansas | 27,525 | 1,614 | 5.9% | 15,208 | 1,150 | 7.6% | 117,555 | 7,561 | 6.4% | +1.7 | -1.1 | +0.6 | |||||||
California | 8,511,992 | 58,309 | 0.7% | 8,286,228 | 161,660 | 2.0% | 15,398,923 | 92,924 | 0.6% | +1.3 | -1.3 | -0.1 | |||||||
Colorado | 2,654,993 | 23,249 | 0.9% | 2,449,409 | 19,170 | 0.8% | 3,122,440 | 29,536 | 0.9% | -0.1 | +0.2 | +0.1 | |||||||
Connecticut | 132,012 | 2,532 | 1.9% | 91,602 | 1,725 | 1.9% | 673,899 | 6,496 | 1.0% | 0.0 | -0.9 | -1.0 | |||||||
Delaware | 14,025 | 216 | 1.5% | 14,142 | 706 | 5.0% | 163,234 | 2,099 | 1.3% | +3.5 | -3.7 | -0.3 | |||||||
District of Columbia | 16,625 | 33 | 0.2% | 9,351 | 332 | 3.6% | 235,486 | 728 | 0.3% | +3.4 | -3.2 | +0.1 | |||||||
Florida | 2,679,049 | 21,973 | 0.8% | 2,604,544 | 30,540 | 1.2% | 4,750,645 | 13,919 | 0.3% | +0.4 | -0.9 | -0.5 | |||||||
Georgia | 213,033 | 13,677 | 6.4% | 242,661 | 7,512 | 3.1% | 1,316,165 | 4,804 | 0.4% | -3.3 | -2.7 | -6.1 | |||||||
Hawaii | 190,553 | 1,244 | 0.7% | 224,492 | 1,638 | 0.7% | 551,383 | 2,747 | 0.5% | +0.1 | -0.2 | -0.2 | |||||||
Idaho | 201,256 | 876 | 0.4% | 76,197 | 1,188 | 1.6% | 344,893 | 3,613 | 1.0% | +1.1 | -0.5 | +0.6 | |||||||
Illinois | 377,551 | 5,994 | 1.6% | 417,092 | 9,056 | 2.2% | 2,013,990 | 33,853 | 1.7% | +0.6 | -0.5 | +0.1 | |||||||
Indiana | 943,924 | 2,095 | 0.2% | 762,511 | 3,413 | 0.4% | 538,860 | 2,918 | 0.5% | +0.2 | +0.1 | +0.3 | |||||||
Iowa | 650,551 | 4,238 | 0.7% | 325,098 | 5,098 | 1.6% | 997,652 | 2,592 | 0.3% | +0.9 | -1.3 | -0.4 | |||||||
Kansas | 179,557 | 4,361 | 2.4% | 172,743 | 1,879 | 1.1% | 295,021 | 1,361 | 0.5% | -1.3 | -0.6 | -2.0 | |||||||
Kentucky | 38,112 | 2,145 | 5.6% | 25,837 | 1,756 | 6.8% | 634,595 | 3,101 | 0.5% | +1.2 | -6.3 | -5.1 | |||||||
Louisiana | 59,747 | 2,271 | 3.8% | 43,959 | 2,596 | 5.9% | 163,656 | 2,364 | 1.4% | +2.1 | -4.5 | -2.4 | |||||||
Maine | 254,153 | 2,452 | 1.0% | 185,763 | 2,119 | 1.1% | 362,594 | 1,326 | 0.4% | +0.2 | -0.8 | -0.6 | |||||||
Maryland | 160,508 | 2,388 | 1.5% | 113,702 | 1,997 | 1.8% | 1,505,791 | 2,939 | 0.2% | +0.3 | -1.6 | -1.3 | |||||||
Massachusetts | 155,894 | 5,152 | 3.3% | 89,437 | 5,157 | 5.8% | 1,531,001 | 9,949 | 0.6% | +2.5 | -5.1 | -2.7 | |||||||
Michigan | 1,260,218 | 6,171 | 0.5% | 1,061,835 | 6,013 | 0.6% | 2,762,148 | 20,480 | 0.7% | +0.1 | +0.2 | +0.3 | |||||||
Minnesota | 671,261 | 6,081 | 0.9% | 640,707 | 7,479 | 1.2% | 1,295,908 | 9,248 | 0.7% | +0.3 | -0.5 | -0.2 | |||||||
Mississippi | 103,606 | 1,581 | 1.5% | 64,060 | 482 | 0.8% | 239,488 | 5,563 | 2.3% | -0.8 | +1.6 | +0.8 | |||||||
Missouri | 279,188 | 5,849 | 2.1% | 215,879 | 4,700 | 2.2% | 905,132 | 5,437 | 0.6% | +0.1 | -1.6 | -1.5 | |||||||
Montana | 333,666 | 1,125 | 0.3% | 367,561 | 1,373 | 0.4% | 599,505 | 1,593 | 0.3% | 0.0 | -0.1 | -0.1 | |||||||
Nebraska | 238,660 | 2,695 | 1.1% | 168,844 | 1,512 | 0.9% | 486,844 | 1,649 | 0.3% | -0.2 | -0.6 | -0.8 | |||||||
Nevada | 73,425 | 1,177 | 1.6% | 86,633 | 1,772 | 2.0% | 670,091 | 5,630 | 0.8% | +0.4 | -1.2 | -0.8 | |||||||
New Hampshire | 71,939 | 1,563 | 2.2% | 44,615 | 1,199 | 2.7% | 255,935 | 2,003 | 0.8% | +0.5 | -1.9 | -1.4 | |||||||
New Jersey | 355,457 | 9,957 | 2.8% | 406,325 | 11,694 | 2.9% | 4,228,687 | 49,812 | 1.2% | +0.1 | -1.7 | -1.6 | |||||||
New Mexico | 61,287 | 95 | 0.2% | 88,354 | 240[22] | 0.3% | 339,906 | 17,008 | 5.0% | +0.1 | +4.7 | +4.8 | |||||||
New York | 402,151 | 22,849 | 5.7% | 249,002 | 34,095 | 13.7% | 1,832,724 | 66,746 | 3.6% | +8.0 | -10.1 | -2.0 | |||||||
North Carolina | 179,263 | 4,861 | 2.7% | 95,546 | 5,835 | 6.1% | 981,816 | 7,465 | 0.8% | +3.4 | -5.3 | -2.0 | |||||||
North Dakota | 82,148 | 611 | 0.7% | 96,125 | 554 | 0.6% | 183,544 | 392 | 0.2% | -0.2 | -0.4 | -0.5 | |||||||
Ohio | 1,206,416 | 10,189 | 0.8% | 941,447 | 11,462 | 1.2% | 2,144,504 | 8,904 | 0.4% | +0.4 | -0.8 | -0.4 | |||||||
Oklahoma | 101,905 | 2,965 | 2.9% | 69,771 | 3,136 | 4.5% | 280,106 | 5,089 | 1.8% | +1.6 | -2.7 | -1.1 | |||||||
Oregon | 2,051,452 | 17,574 | 0.9% | 1,907,342 | 176 | 0.0% | 2,397,091 | 17,547 | 0.7% | -0.8 | +0.7 | -0.1 | |||||||
Pennsylvania | 266,208 | 2,534 | 1.0% | 195,953 | 8,714 | 4.4% | 2,653,688 | 34,171 | 1.3% | +3.5 | -3.2 | +0.3 | |||||||
Rhode Island | 39,727 | 1,060 | 2.7% | 27,193 | 775 | 2.8% | 318,426 | 113 | 0.0% | +0.2 | -2.8 | -2.6 | |||||||
South Carolina | 497,436 | 2,907 | 0.6% | 291,363 | 2,248[23] | 0.8% | 430,229 | 4,528 | 1.1% | +0.2 | +0.3 | +0.5 | |||||||
South Dakota | 106,415 | 360 | 0.3% | 87,311 | 300 | 0.3% | 123,406 | 789 | 0.6% | 0.0 | +0.3 | +0.3 | |||||||
Tennessee | 53,903 | 593 | 1.1% | 39,712 | 855 | 2.2% | 218,149 | 2,090 | 1.0% | +1.1 | -1.2 | -0.1 | |||||||
Texas | 468,150 | 8,177 | 1.7% | 533,566 | 9,377 | 1.8% | 988,364 | 8,304 | 0.8% | 0.0 | -0.9 | -0.9 | |||||||
Utah | 772,888 | 7,002 | 0.9% | 973,915 | 8,768 | 0.9% | 1,396,681 | 10,296 | 0.7% | 0.0 | -0.2 | -0.2 | |||||||
Vermont | 90,521 | 0 | -[20] | 26,623 | 722 | 2.7% | 273,784 | 1,465 | 0.5% | -[21] | -2.2 | -[21] | |||||||
Virginia | 538,711 | 3,148 | 0.6% | 97,295 | 2,057 | 2.1% | 990,198 | 6,291 | 0.6% | +1.5 | -1.5 | +0.1 | |||||||
Washington | 3,333,260 | 30,312 | 0.9% | 3,112,157 | 32,327 | 1.0% | 4,082,581 | 31,417 | 0.8% | +0.1 | -0.3 | -0.1 | |||||||
West Virginia | 12,558 | 341 | 2.7% | 10,342 | 104 | 1.0% | 142,445 | 254 | 0.2% | -1.7 | -0.8 | -2.5 | |||||||
Wisconsin | 139,988 | 284 | 0.2% | 150,114 | 2,517 | 1.7% | 1,304,554 | 2,981 | 0.2% | +1.5 | -1.4 | 0.0 | |||||||
Wyoming | 79,667 | 184 | 0.2% | 61,806 | 250 | 0.4% | 85,627 | 173 | 0.2% | +0.2 | -0.2 | 0.0 | |||||||
U.S. Total | 33,378,450 | 318,728 | 1.0% | 30,377,407 | 430,190 | 1.4% | 70,550,699 | 560,826 | 0.8% | +0.5 | -0.6 | -0.2 |
Before the publication of the EAC's 2020 report, Ballotpedia gathered absentee/mail-in ballot rejection rates from election officials, news sources, and publicly available datasets. At the time of the report's publication in August 2021, Ballotpedia had gathered data from 34 states and the District of Columbia. Click "Show more" to view the results of that research.
The map below shows the states where Ballotpedia had gathered 2020 absentee/mail-in ballot rejection rates before the publication of the EAC's 2020 report.
The table below shows rejected absentee/mail-in ballots as a percentage of the total number of absentee/mail-in ballots returned to election officials in the 2016, 2018, and 2020 general elections by state. All data in the 2016 and 2018 columns was gathered from the EAC reports to Congress unless otherwise noted.
Data from 2020 was gathered from election officials, news sources, and publicly available datasets. Sources for any 2020 rates listed below can be found in the rightmost column. Note: 2020 data was gathered on a state-by-state basis, which may affect comparisons to previous years' data gathered by the EAC due to potential variations in the reporting of totals. See the above analysis for a direct comparison between EAC-reported data from 2016, 2018, and 2020.
Rejected absentee/mail-in ballots as a percentage of total absentee/mail-in ballots returned, 2016-2020 Preliminary | |||||||
---|---|---|---|---|---|---|---|
State | 2016[24] | 2018[25] | 2020 | Citation | |||
Alabama | 0.0%[26] | 2.4% | - | - | |||
Alaska | 3.2% | 3.1% | 1.0%[27] | Source | |||
Arizona | 0.5% | 0.5% | - | - | |||
Arkansas | 5.9% | 7.6% | - | - | |||
California | 0.7% | 2.0% | 0.6% | Source | |||
Colorado | 0.9% | 0.8% | 0.9% | Source | |||
Connecticut | 1.9% | 1.9% | 1.0%[28] | Source | |||
Delaware | 1.5% | 5.0% | 0.2%[29] | Source | |||
District of Columbia | 0.2% | 3.6% | 0.1% | Source | |||
Florida | 0.8% | 1.2% | - | - | |||
Georgia | 6.4%[30] | 3.1%[31] | 0.4%[32] | Source[33] | |||
Hawaii | 0.7% | 0.7% | - | - | |||
Idaho | 0.4% | 1.6% | - | - | |||
Illinois | 1.6% | 2.2% | 1.7% | Source | |||
Indiana | 0.2% | 0.4% | 0.5%[34] | Source | |||
Iowa | 0.7% | 1.6% | - | - | |||
Kansas | 2.4% | 1.1% | - | - | |||
Kentucky | 5.6% | 6.8% | 0.2% | Source | |||
Louisiana | 3.8% | 5.9% | - | - | |||
Maine | 1.0% | 1.1% | 0.9% | Source | |||
Maryland | 1.5% | 1.8% | 0.2% | Source | |||
Massachusetts | 3.3% | 5.8% | 1.3%[35] | Source | |||
Michigan | 0.5% | 0.6% | 0.5% | Source | |||
Minnesota | 0.9% | 1.2% | 1.1%[36] | Source | |||
Mississippi | 1.5% | 0.8% | 2.3% | Source | |||
Missouri | 2.1% | 2.2% | 0.6% | Source | |||
Montana | 0.3% | 0.4% | - | - | |||
Nebraska | 1.1% | 0.9% | 0.3% | Source | |||
Nevada | 1.6% | 2.1% | 1.0%[37] | Source | |||
New Hampshire | 2.2% | 2.7% | 0.8%[38] | Source | |||
New Jersey | 2.8% | 2.9% | - | - | |||
New Mexico | 0.2% | 0.3%[39] | 0.4%[40] | Source | |||
New York | 5.7% | 13.7% | - | - | |||
North Carolina | 2.7% | 6.1% | 2.5% | Source | |||
North Dakota | 0.7% | 0.6% | 0.2%[41] | Source | |||
Ohio | 0.8% | 1.2% | 0.4% | Source | |||
Oklahoma | 2.9% | 4.5% | 1.8% | Source | |||
Oregon | 0.9% | 0.01% | 0.7%[42] | Source | |||
Pennsylvania | 1.0% | 4.5% | - | - | |||
Rhode Island | 2.7% | 2.9% | 0.1%[43] | Source | |||
South Carolina | 0.6% | 0.8%[44] | 0.7%[45] | Source Source | |||
South Dakota | 0.3% | 0.3% | 0.4%[46] | Source | |||
Tennessee | 1.1% | 2.2% | - | - | |||
Texas | 1.8% | 1.8% | - | - | |||
Utah | 0.9% | 0.9% | 1.0%[47] | Source | |||
Vermont | -[48] | 2.7% | 0.5% | Source | |||
Virginia | 0.6% | 2.1% | 0.2% | Source | |||
Washington | 0.9% | 1.0% | 0.8% | Source | |||
West Virginia | 2.7% | 1.0% | - | - | |||
Wisconsin | 0.2% | 1.7% | 0.2% | Source | |||
Wyoming | 0.2% | 0.4% | 0.2%[49] | Source |
Reasons for rejection
Absentee/mail-in ballots can be rejected for a number of reasons ranging from a missed deadline to the use of an incorrect return envelope. The exact criteria for an absentee/mail-in ballot's rejection is determined on a state-by-state basis. The EAC provides statistics identifying reasons for absentee/mail-in ballot rejections.
In 2020, the most common reason for rejection was a non-matching signature, which accounted for 32.8% of all rejected ballots. A non-matching signature means the signature on the absentee/mail-in ballot did not match the signature on file for the voter.[10]
In 2018, the most commonly cited reason was categorized as "Other," accounting for 34.9% of rejections that year. The 2018 report said "Other" included reasons such as "the voter was not registered or eligible, the ballot was missing an important document (such as an affidavit or certification) or included an incomplete document, or that the voter had already voted with a different by-mail ballot or otherwise surrendered his/her by-mail ballot.[50]
In 2016, the most commonly cited reason why an absentee/mail-in ballot was rejected was that the signature on the ballot did not match the signature on file with the election official, accounting for 27.5% of all rejections.[18]
Data in the table below comes from the EAC reports. It was only collected from states that report reasons for rejection and percentages may not equal exactly 100%. This does not include absentee/mail-in ballots that were never received by election officials.[51]
Top reasons for rejecting absentee ballots, 2016-2020 | ||||||
---|---|---|---|---|---|---|
Reason | 2016 | 2018 | 2020 | |||
Ballot not received on time/missed deadline | 23.1% | 26.9% | 12.1% | |||
First-time voter without proper identification | 1.1% | N/A[52] | 2.0% | |||
Non-matching signature | 27.5% | 15.8% | 32.8% | |||
No voter signature | 20.0% | 13.0% | 12.1% | |||
No witness signature | 3.0% | 2.5% | 5.6% | |||
Problems with return materials (e.g., ballot missing from envelope) | 1.9% | N/A[52] | 9.5%[53] | |||
Voter already voted in-person | 1.3% | 1.4% | 13.5% | |||
Voter deceased | 1.5% | N/A[52] | 1.6% | |||
Other reason given[54] | 14.8% | 34.9% | 22.5% | |||
All additional reasons/uncategorized | 5.7% | 2.2% | 0.7%[55] |
Click "Show more" below to view statutes regarding absentee/mail-in ballot rejections by state.
Alabama
As of November 2020, Alabama law included the following provisions for rejecting absentee/mail-in ballots:
“ | No poll worker or other election official shall open an affidavit envelope if the envelope indicates the ballot is an unverified provisional ballot or the affidavit printed thereon is unsigned by the voter or unmarked, and no ballot envelope or ballot therein may be removed or counted. No poll worker or other election official shall open an affidavit envelope if the voter's affidavit signature or mark is not witnessed by the signatures of two witnesses or a notary public, or other officer, including a military commissioned officer, authorized to acknowledge oaths, and no ballot envelope or ballot therein may be removed or counted.[56] | ” |
“ | No court or other election tribunal shall allow the counting of an absentee ballot with respect to which the voter's affidavit signature or mark is not witnessed by the signatures of two witnesses 18 years of age or older or a notary public, or other officer, including a military commissioned officer, authorized to acknowledge oaths, prior to being delivered or mailed to the absentee election manager.[56] | ” |
See law: Alabama Code §17-11-10
Alaska
As of November 2020, Alaska law included the following provision for rejecting absentee/mail-in ballots:
“ | (a) The district absentee ballot counting board shall examine each absentee ballot envelope and shall determine whether the absentee voter is qualified to vote at the election and whether the absentee ballot has been properly cast. (b) An absentee ballot may not be counted if (1) the voter has failed to properly execute the certificate; (2) an official or the witnesses authorized by law to attest the voter's certificate fail to execute the certificate, except that an absentee ballot cast in person and accepted by an absentee voting official or election supervisor may be counted despite failure of the absentee voting official or election supervisor to properly sign and date the voter's certificate as attesting official as required under AS 15.20.061(c); (3) the ballot is not attested on or before the date of the election; (4) the ballot, if postmarked, is not postmarked on or before the date of the election; (5) after the day of election, the ballot was delivered by a means other than mail; or (6) the voter voted (A) in person and is a (i) first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050, has not provided the identification required by AS 15.15.225(a), was not eligible for waiver of the identification requirement under AS 15.15.225(b), and has not provided the identifiers required in AS 15.07.060(a)(2) and (3) that can be verified through state agency records described in AS 15.07.055(e); or (ii) voter other than one described in (i) of this subparagraph, did not provide identification described in AS 15.15.225(a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060(a)(2) and (3); or (B) by mail or electronic transmission, is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 to vote, has not met the identification requirements set out in AS 15.07.060, and does not submit with the ballot a copy of a (i) driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or (ii) current utility bill, bank statement, paycheck, government check, or other government document; an item described in this sub-subparagraph must show the name and current address of the voter.[56] | ” |
See law: Alaska Statutes, Sec. 15.20.203. Procedure for district absentee ballot counting review.
Arizona
As of November 2020, Arizona law included the following provision for rejecting absentee/mail-in ballots:
“ | The early election board shall check the voter's affidavit on the envelope containing the early ballot. If it is found to be sufficient, the vote shall be allowed. If the affidavit is insufficient, the vote shall not be allowed.[56] | ” |
See law: Arizona Revised Statutes, Section 16-552. Early ballots; processing; challenges.
Arkansas
As of November 2020, Arkansas law included the following provision for rejecting absentee/mail-in ballots:
“ | (E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter; (F) (i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application. (ii) If the county board of election commissioners determines that the application and the voter's statement do not compare as to name, address, date of birth, and signature, the absentee ballot shall not be counted. (iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked “provisional” and the absentee ballot shall be considered a provisional ballot; (G) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked “provisional” and the absentee ballot shall be considered a provisional ballot; (H) If the absentee voter fails to return the voter statement, the vote shall not be counted; (I) Failure of the voter to submit the required absentee materials in the proper envelopes shall not be grounds for disqualifying the voter; (J) If the voter statement does not authorize a bearer, agent, or administrator to receive or return his or her absentee ballot and the ballot was received or returned by a bearer, agent, or administrator, the vote shall not be counted[.][56] | ” |
See law: Arkansas Code, § 7-5-416. Counting of Absentee Ballots.
California
As of November 2020, California law included the following provision for rejecting absentee/mail-in ballots:
“ | If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).[56] | ” |
See law: California Elections Code, Section 3019
Colorado
As of November 2020, Colorado law included the following provision for rejecting absentee/mail-in ballots:
“ | A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (5) of this section.[56] | ” |
See law: Colorado Revised Statutes, Section 1-7.5-204. Preparing to count mail ballots - rejections.
Connecticut
As of November 2020, Connecticut law included the following provision for rejecting absentee/mail-in ballots:
“ | (c) If the name of the applicant returning the ballot is not on the official checklist for any polling place in such municipality, the registrars shall endorse on the face of such outer envelope the word “rejected”, followed by a statement of the reasons for rejection, and the outer envelope shall not be opened or the ballot counted. (4) If the name of an applicant returning a ballot has been checked on the official checklist as having voted in person the absentee ballot counters shall, in checking the ballots, endorse on the face of the outer envelope the word “rejected” followed by a statement of the reason for rejection, and the outer envelope shall not be opened or the ballot counted.
(d) Ballot rejected if inner envelope statement not executed. (1) If the statement on the inner envelope has not been signed as required by section 9-140a, such inner envelope shall not be opened or the ballot removed therefrom, and such inner envelope shall be replaced in the opened outer envelope which shall be marked “Rejected” and the reason therefor endorsed thereon by the counters. (2) If such statement is signed but the individual completing the ballot is an individual described in subsection (a) of section 9-23r and has not met the requirements of subsection (e) of section 9-23r, the counters shall replace the ballot in the opened inner envelope, replace the inner envelope in the opened outer envelope and mark “Rejected as an Absentee Ballot” and endorse the reason for such rejection on the outer envelope, and the ballot shall be treated as a provisional ballot for federal offices only, pursuant to sections 9-232i to 9-232o, inclusive.[56] |
” |
See law: General Statutes of Connecticut Section 9-140c
Delaware
As of November 2020, Delaware law included the following provision for rejecting absentee/mail-in ballots:
“ | (a) No vote shall be accepted or counted if any of the following occurs:
(1) The statement of the mail voter that appears on the front of the ballot envelope is found to have been altered or is not signed. (2) The mail voter is not a duly registered elector in this State. (3) The ballot envelope is open. (4) It is evident that the ballot envelope has been opened and resealed. (5) It is evident that the ballot envelope has been tampered with or altered. (b) If the ballot envelope has not been opened at the time a mail judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons set forth in subsection (a) of this section, it shall not be opened but shall instead be endorsed thereon as, “REJECTED,” giving the reason therefore.[56] |
” |
See law: Delaware Code Title 15 Chapter 56 § 5615 Rejected ballots
Florida
As of November 2020, Florida law included the following provision for rejecting absentee/mail-in ballots:
“ | 4. If any elector or candidate present believes that a vote-by-mail ballot is illegal due to a defect apparent on the voter’s certificate or the cure affidavit, he or she may, at any time before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of that ballot, specifying the precinct, the ballot, and the reason he or she believes the ballot to be illegal. A challenge based upon a defect in the voter’s certificate or cure affidavit may not be accepted after the ballot has been removed from the mailing envelope.
5. If the canvassing board determines that a ballot is illegal, a member of the board must, without opening the envelope, mark across the face of the envelope: “rejected as illegal.” The cure affidavit, if applicable, the envelope, and the ballot therein shall be preserved in the manner that official ballots are preserved.[56] |
” |
See law: Florida Statutes Title IX Chapter 101 Section 101.68 Canvassing of vote-by-mail ballot
Georgia
As of November 2020, Georgia law included the following provision for rejecting absentee/mail-in ballots:
“ | (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope "Rejected," giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least two years.[56] | ” |
See law: GA Code § 21-2-386 (2019)
Hawaii
As of November 2020, Hawaii law included the following provision for rejecting absentee/mail-in ballots:
“ | (c) Before opening the return and ballot envelopes and counting the ballots, the return envelopes shall be checked for the following:
(1) Signature on the affirmation statement; (2) Whether the signature corresponds with the absentee request or register as prescribed in the rules adopted by the chief election officer; and (3) Whether the person is a registered voter and has complied with the requirements of sections 11-15 and 11-16. (d) If any requirement listed in subsection (c) is not met or if the return or ballot envelope appears to be tampered with, the clerk or the absentee ballot team official shall mark across the face of the envelope ""invalid"" and it shall be kept in the custody of the clerk and disposed of as prescribed for ballots in section 11-154.[56] |
” |
See law: HI Rev Stat § 15-9 (2019)
Idaho
As of November 2020, Idaho law included the following provision for rejecting absentee/mail-in ballots:
“ | if the receiving judges determine, that the affidavit accompanying the absent elector’s ballot is insufficient, or that the elector is not a qualified registered elector the envelope containing the ballot of such elector shall not be opened and the judges shall endorse on the back of the envelope the reason therefor. If an absent elector’s envelope contains more than one (1) marked ballot of any one (1) kind, none of such ballots shall be counted and the judges shall make notations on the back of the ballots the reason therefor. Judges of election shall certify in their returns the number of absent electors’ ballots cast and counted and the number of such ballots rejected.[56] | ” |
See law: Idaho Statutes Title 34 Chapter 10 Section 34-1009
Illinois
As of November 2020, Illinois law included the following provision for rejecting absentee/mail-in ballots:
“ | If the election judge or official determines that the signatures do not match, or that the vote by mail voter is not qualified to cast a vote by mail ballot, then without opening the certification envelope, the judge or official shall mark across the face of the certification envelope the word ""Rejected"" and shall not cast or count the ballot.
In addition to the voter's signatures not matching, a vote by mail ballot may be rejected by the election judge or official: (1) if the ballot envelope is open or has been opened and resealed; (2) if the voter has already cast an early or grace period ballot; (3) if the voter voted in person on election day or the voter is not a duly registered voter in the precinct; or (4) on any other basis set forth in this Code. If the election judge or official determines that any of these reasons apply, the judge or official shall mark across the face of the certification envelope the word ""Rejected"" and shall not cast or count the ballot.[56] |
” |
See law: 10 ILCS 5/19-8
Indiana
As of November 2020, Indiana law included the following provision for rejecting absentee/mail-in ballots:
“ | Sec. 13. (a) If the absentee ballot counters find under section 11 of this chapter that any of the following applies, the ballots shall be rejected:
(1) The affidavit is insufficient or that the ballot has not been endorsed with the initials of: (A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27; (B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or (C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19. (2) The signatures do not correspond or there is no signature. (3) The absentee voter is not a qualified voter in the precinct. (4) The absentee voter has voted in person at the election. (5) The absentee voter has not registered. (6) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail. (7) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question. (8) In case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications and the political party with which the voter intends to affiliate. (9) The ballot has been challenged and there is no absentee ballot application from the voter to support the absentee ballot.[56] |
” |
See law: IN Code § 3-11.5-4-13 (2019)
Iowa
As of November 2020, Iowa law included the following provision for rejecting absentee/mail-in ballots:
“ | 1. a. If the absentee voter’s affidavit lacks the voter’s signature, if the applicant is not a duly registered voter on election day in the precinct where the absentee ballot was cast, if the envelope marked with the affidavit contains more than one ballot of any one kind, or if the voter has voted in person, such vote shall be rejected by the absentee and special voters precinct board. If the affidavit envelope or return envelope marked with the affidavit is open, or has been opened and resealed, or if the ballot is not enclosed in such envelope, and an affidavit envelope or return envelope marked with the affidavit with the same serial number and marked “Replacement ballot” is not attached as provided in section 53.18, the ballot shall be rejected by the absentee and special voters precinct board.
b. If a voter casts a provisional ballot pursuant to section 49.78, subsection 7, and the voter has failed to establish the voter’s identity at the commissioner’s office, the provisional ballot shall be rejected by the absentee and special voters precinct board. 2. If the absentee or provisional ballot is rejected prior to the opening of the affidavit envelope or return envelope marked with the affidavit, the voter casting the ballot shall be notified by a precinct election official by the time the canvass is completed of the reason for the rejection on a form prescribed by the state commissioner of elections.[56] |
” |
See law: IA Code § 53.25 (2019)
Kansas
As of November 2020, Kansas law included the following provision for rejecting absentee/mail-in ballots:
“ | (b) Rules for canvassers:
(1) No ballot, or any portion thereof, shall be invalidated by any technical error unless it is impossible to determine the voter's intention. Determination of the voter's intention shall rest in the discretion of the board canvassing in the case of a canvass and in the election court in the case of an election contest. (2) The occurrences listed in this subpart (2) shall not invalidate the whole ballot but shall invalidate that portion, and that portion only, in which the occurrence appears. The votes on such portion of the ballot shall not be counted for any candidate listed or written in such portion, but the remainder of the votes in other portions of the ballot shall be counted. The occurrences to which this subpart (2) shall apply are: (A) Whenever a voting mark shall be made in the square at the left of the name of more than one candidate for the same office, except when the ballot instructs that more than one candidate is to be voted. (B) Whenever a voting mark is placed in the square at the left of a space where no candidate is listed. (3) When a registered voter has cast a provisional ballot intended for a precinct other than the precinct in which the voter resides but located within the same county, the canvassers shall count the votes for those offices or issues which are identical in both precincts. The canvassers shall not count the votes for those offices or issues which differ from the offices or issues appearing on the ballot used in the precinct in which the voter resides. (4) A write-in vote for those candidates for the offices of governor and lieutenant governor shall not be counted unless the pair of candidates have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto, and: (A) Both candidates' names are written on the ballot; or (B) only the name of the candidate for governor is written on the ballot. (5) A write-in vote for those candidates for the offices of president and vice-president shall not be counted unless the pair of candidates have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto, and: (A) Both candidates' names are written on the ballot; or (B) only the name of the candidate for president is written on the ballot. (6) A write-in vote for candidates for state offices elected on a statewide basis other than offices subject to paragraph (4) shall not be counted unless the candidate has filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto. (7) Any advance voting or mail ballot whose envelope containing the voter's written declaration is unsigned, shall be wholly void and no vote thereon shall be counted. (8) No ballot cast shall be counted if the voter fails to provide valid identification as defined by K.S.A. 25-2908, and amendments thereto.[56] |
” |
See law: Kansas Statutes 25-3002
Kentucky
As of November 2020, Kentucky law included the following provision for rejecting absentee/mail-in ballots:
“ | All unsigned absentee ballots shall be rejected automatically. The chairman of the county board of elections shall compare the signatures on the outer envelope and the detachable flap with the signature of the voter that appears on the registration card. If the outer envelope and the detachable flap are found to be in order, the chairman shall read aloud the name of the voter. If the vote of the voter is not rejected on a challenge then made as provided in subsection (4) of this section, the chairman shall remove the detachable flap and place the inner envelope unopened in a ballot box which has been provided for the purpose.[56] | ” |
See law: Kentucky Revised Statutes Title X. Elections § 117.087
Louisiana
As of November 2020, Louisiana law included the following provision for rejecting absentee/mail-in ballots:
“ | (3)(a) If the board determines that an absentee by mail ballot is valid, a member of the board shall make a check mark on the absentee by mail voter report beside the name of the voter as it appears on the report and write his initials on each page of the report. If applicable, a member of the board shall tear the flap from the envelope containing the absentee by mail ballot and leave the envelope sealed.
(4) If a majority of the members of the board determine that an absentee by mail ballot is invalid, the members shall leave the flap on the envelope containing the absentee by mail ballot, leave the envelope sealed, and a member of the board shall write the word ""rejected"", together with the reasons for rejecting the ballot, across the envelope containing the ballot or across the certificate attached to the special absentee by mail ballot. He shall also write the word ""rejected"" and his initials on the absentee by mail voter report beside the name of the voter as it appears in the report. The rejected absentee by mail ballots and certificates shall be replaced in the special absentee by mail and early voting ballot envelope or container. No rejected absentee by mail ballot shall be counted.[56] |
” |
See law: Louisiana Revised Statutes 18:1313.1
Maine
As of November 2020, Maine law included the following provision for rejecting absentee/mail-in ballots:
“ | 3. Rejected if incorrect. The warden may not open the envelope and shall write ""Rejected"" on it, the reason why and the warden's initials if the warden finds that:
A. The signatures do not appear to have been made by the same person and the discrepancy is not the result of the voter's having obtained assistance under section 753-A, subsection 5 or section 754-A, subsection 3, in cases where an application is required; [PL 1999, c. 645, §9 (AMD).] B. The affidavit is not properly completed; [PL 1985, c. 161, §6 (NEW).] C. The person is not registered or enrolled where necessary; [PL 1985, c. 161, §6 (NEW).] D. The voter has voted in person; or [PL 1985, c. 161, §6 (NEW).] E. The ballot was received by the clerk after the deadline. [PL 1985, c. 161, §6 (NEW).][56] |
” |
See law: 21-A ME Rev Stat §759. Counting procedure
Maryland
As of November 2020, Maryland law included the following provision for rejecting absentee/mail-in ballots:
“ | (3) The local board shall reject an absentee ballot if:
(i) the voter failed to sign the oath on the ballot envelope; (ii) the local board received more than one ballot from the same individual for the same election in the same ballot envelope; or (iii) the local board determines that an absentee ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.[56] |
” |
See law: MD Elec Law Code § 11-302 (2019)
Massachusetts
As of November 2020, Massachusetts law included the following provision for rejecting absentee/mail-in ballots:
“ | If he finds that such affidavit has been improperly executed, or does not sufficiently indicate that the ballot was marked and mailed or delivered as required by sections ninety-two and ninety-three, or except as provided in the preceding sentence was not signed by the person who signed the application therefor, he shall mark across the face thereof Rejected as defective, and shall place on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be, opposite the name of the voter the capital letter R. Each envelope, so marked, all applications for absent voter ballots and all lists referred to in this section shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots. If he does not mark the envelope Rejected as defective, he shall mark a check against the name of the voter on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be. Said clerk, or such person, shall record on tally sheets prepared and furnished by the state secretary all envelopes, as well as accepted or rejected ballots of absent voters; and, in cities and towns divided into voting precincts, a separate record shall be made for each precinct.[56] | ” |
See law: Mass. Gen. Laws Chapter 54 Section 94
Michigan
As of November 2020, Michigan law included the following provision for rejecting absentee/mail-in ballots:
“ | If upon an examination of the envelope containing an absent voter's ballot or ballots, it is determined that the signature on the envelope does not agree sufficiently with the signature on the registration card or the digitized signature contained in the qualified voter file as provided under section 766 so as to identify the voter or if the board shall have knowledge that the person voting the ballot or ballots has died, or if it is determined by a majority of the board that such vote is illegal for any other reason, then such vote shall be rejected, and thereupon some member of the board shall, without opening the envelope, mark across the face of such envelope, "rejected as illegal", and the reason therefor. The statement shall be initialed by the chairman of the board of election inspectors. Said envelope and the ballot or ballots contained therein shall be returned to the city, township or village clerk and retained and preserved in the manner now provided by law for the retention and preservation of official ballots voted at such election.[56] | ” |
See law: XLAMich. Comp. Laws Section 168.767WX
Minnesota
As of November 2020, Minnesota law included the following provision for rejecting absentee/mail-in ballots:
“ | (b) The members of the ballot board shall mark the return envelope ""Accepted"" and initial or sign the return envelope below the word ""Accepted"" if a majority of the members of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application; (2) the voter signed the certification on the envelope; (3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as a number on the voter's absentee ballot application or voter record. If the number does not match, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted; (4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope; (5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and (6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh day before the election, by absentee ballot. The return envelope from accepted ballots must be preserved and returned to the county auditor. (c)(1) If a majority of the members of the ballot board examining a return envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return envelope ""Rejected,"" initial or sign it below the word ""Rejected,"" list the reason for the rejection on the envelope, and return it to the county auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by this section. Failure to place the ballot within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.[56] |
” |
See law: Minnesota Statutes 203B.121 Subdivision 2
Mississippi
As of November 2020, Mississippi law included the following provision for rejecting absentee/mail-in ballots:
“ | (1) If an affidavit or the certificate of the officer before whom the affidavit is taken is required and such affidavit or certificate is found to be insufficient, or if it is found that the signatures do not correspond, or that the applicant is not a duly qualified elector in the precinct, or otherwise qualified to vote, or that the ballot envelope is open or has been opened and resealed, or the voter is not eligible to vote absentee or that the voter is present and has voted within the precinct where he represents himself to be a qualified elector, or otherwise qualified to vote, on the date of the election at such precinct, the previously cast vote shall not be allowed. Without opening the voter’s envelope the commissioners of election, designated executive committee members or election managers, as appropriate, shall mark across its face “REJECTED”, with the reason therefor.
(2) If the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked “REJECTED”, with the reason therefor. The voter’s envelopes and affidavits, and the voter’s envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged. (3) If an affidavit is required and the officials find that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened and a commissioner or executive committee member shall write across the face of the envelope “REJECTED” giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.[56] |
” |
See law: MS Code § 23-15-641 (2019)
Missouri
As of November 2020, Missouri law included the following provision for rejecting absentee/mail-in ballots:
“ | Absentee ballots not eligible to be counted, when, procedure. — 1. All proper votes on each absentee ballot received by an election authority at or before the time fixed by law for the closing of the polls on election day shall be counted. Except as provided in section 115.920, no votes on any absentee ballot received by an election authority after the time fixed by law for the closing of the polls on election day shall be counted.
2. If sufficient evidence is shown to an election authority that any absentee voter has died prior to the opening of the polls on election day, the ballot of the deceased voter shall be rejected if it is still sealed in the ballot envelope. Any ballot so rejected, still sealed in its ballot envelope, shall be sealed with the application and any other papers connected therewith in an envelope marked ""Rejected ballot of ______, an absentee voter of ______ voting district"". The reason for rejection shall be noted on the envelope, which shall be kept by the election authority with the other ballots from the election until the ballots are destroyed according to law.[56] |
” |
See law: MO Rev Stat § 115.293 (2019)
Montana
As of November 2020, Montana law included the following provision for rejecting absentee/mail-in ballots:
“ | (b) If the elector is legally registered and the signature on the signature envelope matches the signature on the absentee ballot application or on the elector's voter registration form, the election administrator or an election judge shall handle the ballot as a regular ballot.
(c) (i) If the elector is provisionally registered and the signature on the signature envelope matches the signature on the absentee ballot application or on the elector's voter registration form, the election administrator or an election judge shall open the outer signature envelope and determine whether the elector's voter identification and eligibility information, if enclosed pursuant to 13-13-201, is sufficient pursuant to rules adopted under 13-2-109 to legally register the elector. (ii) If the voter identification and eligibility information is sufficient to legally register the elector, the ballot must be handled as a regular ballot. (iii) If voter identification or eligibility information was not enclosed or the information enclosed is insufficient to legally register the elector, the ballot must be handled as a provisional ballot under 13-15-107. (2) If a voted absentee ballot has not been placed in a secrecy envelope, the election administrator shall place the ballot in a secrecy envelope without examining the ballot. (3) In a primary election, if unvoted party ballots are returned by a voter, they must be separated and handled pursuant to 13-1-303 and 13-12-202. (4) If an elector's ballot is to be handled as a provisional ballot, the election administrator shall notify the absentee elector as provided in 13-13-245. (5) If the signature on the absentee ballot signature envelope does not match the signature on the absentee ballot request form or on the elector's voter registration form or if there is no signature on the absentee ballot signature envelope, the election administrator shall notify the elector as provided in 13-13-245. (6) If at any point there is a question concerning the validity of a particular ballot, the question must be resolved as provided in 13-13-245. """[56] |
” |
See law:Montana Code Annotated 2019 13-13-241
Nebraska
As of November 2020, Nebraska law included the following provision for rejecting absentee/mail-in ballots:
“ | (3) In its review, the counting board shall determine if:
(a) The voter has provided his or her name, residence address, and signature on the voter identification envelope; (b) The ballot has been received from the voter who requested it and the residence address is the same address provided on the voter's request for a ballot for early voting, by comparing the information provided on the identification envelope with information recorded in the record of early voters or the voter's request; (c) A completed and signed registration application has been received from the voter by the deadline in section 32-302, 32-321, or 32-325 or by the close of the polls pursuant to section 32-945; (d) An identification document has been received from the voter not later than the close of the polls on election day if required pursuant to section 32-318.01; and (e) A completed and signed registration application and oath has been received from the voter by the close of the polls on election day if required pursuant to section 32-946. (4) On the basis of its review, the counting board shall determine whether the ballot shall be counted or rejected as follows: (a) A ballot received from a voter who was properly registered on or prior to the deadline for registration pursuant to section 32-302 or 32-321 shall be accepted for counting without further review if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot for early voting has been issued or sent; (ii) The residence address provided on the identification envelope is the same residence address at which the voter is registered or is in the same precinct and subdivision of a precinct, if any; and (iii) The identification envelope has been signed by the voter; (b) In the case of a ballot received from a voter who was not properly registered prior to the deadline for registration pursuant to section 32-302 or 32-321, the ballot shall be accepted for counting if: (i) A valid registration application completed and signed by the voter has been received by the election commissioner or county clerk prior to the close of the polls on election day; (ii) The name on the identification envelope appears to be that of the person who requested the ballot; (iii) The residence address provided on the identification envelope and on the registration application is the same as the residence address as provided on the voter's request for a ballot for early voting; and (iv) The identification envelope has been signed by the voter; (c) In the case of a ballot received from a voter without a residence address who requested a ballot pursuant to section 32-946, the ballot shall be accepted for counting if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot has been sent; (ii) A valid registration application completed and signed by the voter, for whom the residence address is deemed to be the address of the office of the election commissioner or county clerk pursuant to section 32-946, has been received by the election commissioner or county clerk prior to the close of the polls on election day; (iii) The oath required pursuant to section 32-946 has been completed and signed by the voter and received by the election commissioner or county clerk by the close of the polls on election day; and (iv) The identification envelope has been signed by the voter; and (d) In the case of a ballot received from a registered voter required to present identification before voting pursuant to section 32-318.01, the ballot shall be accepted for counting if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot has been issued or sent; (ii) The residence address provided on the identification envelope is the same address at which the voter is registered or is in the same precinct and subdivision of a precinct, if any; (iii) A copy of an identification document authorized in section 32-318.01 has been received by the election commissioner or county clerk prior to the close of the polls on election day; and (iv) The identification envelope has been signed by the voter. (5) In opening the identification envelope or the return envelope to determine if registration applications, oaths, or identification documents have been enclosed by the voters from whom they are required, the counting board shall make a good faith effort to ensure that the ballot remains folded and that the secrecy of the vote is preserved.[56] |
” |
See law: Nebraska Revised Statutes 32-1027
Nevada
As of November 2020, Nevada law included the following provision for rejecting absentee/mail-in ballots:
“ | 1. The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.
2. The regulations for counting ballots must include provisions that: (a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot. (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot. (c) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots. (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot. (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope."""[56] |
” |
See law: Nevada Revised Statutes 293.367
New Hampshire
As of November 2020, New Hampshire law included the following provision for rejecting absentee/mail-in ballots:
“ | If the moderator finds that the absentee voter is not entitled to vote, the moderator shall not open the envelope and shall mark across the face of the envelope the reason the ballot is rejected, such as "rejected as not a voter" "voted in person," "affidavit improperly executed," "not signed by proper person," or whatever the reason is and shall record next to the name of the absentee voter on the clerk's list of absentee voter applicants prepared pursuant to RSA 657:15 the word "rejected" and the reason for the rejection. The clerk shall record this information in the statewide centralized voter registration database. The moderator shall save all the unopened envelopes and shall preserve the envelopes with the ballots cast at the election as provided in RSA 659:101.[56] | ” |
See law: New Hampshire Statutes Section 659:49-b
New Jersey
As of November 2020, New Jersey law included the following provision for rejecting absentee/mail-in ballots:
“ | The county board shall reject such a ballot if it is not satisfied, pursuant to a comparison with the Statewide voter registration system, that the voter is legally entitled to vote and that the ballot conforms with the requirements of this act.
In the case of a mail-in ballot to be voted at a primary election for the general election, the ballot shall be rejected if the mail-in voter has indicated in the certificate the voter's intention to vote in a primary election of any political party in which the voter is not entitled to vote according to the Statewide voter registration system, and if it shall appear from the record that the voter is not entitled to vote in a primary election of the political party which has been so indicated. Any mail-in ballot which is received by a county board of elections shall be rejected if both the inner and outer envelopes are unsealed or if either envelope has a seal that has been tampered with. Disputes about the qualifications of a mail-in voter to vote or about whether or not or how any mail-in ballot shall be counted in such election shall be referred to the Superior Court for determination.[56] |
” |
See law: NJ Rev Stat § 19:63-17 (2019)
New Mexico
As of November 2020, New Mexico law included the following provision for rejecting absentee/mail-in ballots:
“ | B. If the voter's signature or the required voter identification is missing, the presiding judge shall write "Rejected" on the front of the official mailing envelope. The judge or election clerk shall enter the voter's name in the signature rosters or register and shall write the notation "Rejected--Missing Signature" or "Rejected--Missing Required Voter Identification" in the "Notations" column of the register. The presiding judge shall place the official mailing envelope unopened in a container provided for rejected ballots.[56] | ” |
See law: NM Stat § 1-6-14 (2019)
New York
As of November 2020, New York law included the following provision for rejecting absentee/mail-in ballots:
“ | (A) If a person whose name is on an envelope as a voter has already
voted in person at such election, or if his or her name and residence as stated on the envelope are not on a registration poll record, or the computer generated list of registered voters or the list of special presidential voters, or if there is no name on the envelope, or if the envelope is not sealed, such envelope shall be laid aside unopened. (B) If there is more than one ballot envelope executed by the same voter, the one bearing the later date of execution shall be accepted and the other rejected. If it cannot be determined which envelope bears the later date, then all such envelopes shall be rejected. (C) If such person is found to be registered and has not voted in person, an inspector shall compare the signature, if any, on each envelope with the signature, if any, on the registration poll record, the computer generated list of registered voters or the list of special presidential voters, of the person of the same name who registered from the same address. If the signatures are found to correspond, such inspector shall certify thereto by placing his or her initials in the space provided in the computer generated list of registered voters. (D) If such person is found to be registered and has not voted in person, and if no challenge is made, or if a challenge made is not sustained, the envelope shall be opened, the ballot or ballots withdrawn without unfolding, and the ballot or ballots deposited in the proper ballot box or boxes, or envelopes, provided however that, in the case of a primary election, the ballot shall be deposited in the box only if the ballot is of the party with which the voter is enrolled according to the entry on the back of his or her registration poll record or in the computer generated registration list; if not, the ballot shall be rejected without inspection or unfolding and shall be returned to the envelope which shall be endorsed ""not enrolled."" At the time of the deposit of such ballot or ballots in the box or envelopes, the inspectors shall enter the words ""absentee vote"" or ""military vote"" in the space reserved for the voter's signature on the aforesaid list or in the ""remarks"" space as appropriate, and shall enter the year and month of the election on the same line in the spaces provided therefor. (E) As each envelope is opened, if one or more of the different kinds of ballots to be voted at the election are not found therein, the clerks, or inspectors, shall make a memorandum showing what ballot or ballots are missing. If a ballot envelope shall contain more than one ballot for the same offices, all the ballots in such envelope shall be rejected. When the casting of such ballots shall have been completed the clerks or inspectors shall ascertain the number of such ballots of each kind which have been deposited in the ballot box by deducting from the number of envelopes opened the number of missing ballots, and shall make a return thereof. The number of absentee voters' ballots deposited in the ballot box shall be added to the number of other ballots deposited in the ballot box, in order to determine the number of all ballots of each kind to be accounted for in the ballot box.[56] |
” |
See law: NY Elec L § 9-209 (2019)
North Carolina
As of November 2020, North Carolina law included the following provision for rejecting absentee/mail-in ballots:
“ | If the affidavit on the outer envelope of a returned absentee ballot is found to be insufficient, or that the signatures on the application and affidavit do not correspond, or that the applicant is not then a duly qualified elector of the precinct, the vote may not be allowed, but without opening the absent voter's envelope, the election inspector or election judge shall mark across the face thereof “rejected as defective” or “rejected as not an elector”, as the case may be. These rejected ballots are then turned over to the county canvassing board for final determination of eligibility. The subsequent death of an absentee voter after having voted by absentee ballot does not constitute grounds for rejecting the ballot.[56] | ” |
See law: North Dakota Century Code Title 16.1. Elections § 16.1-07-12.
North Dakota
As of November 2020, North Dakota law included the following provision for rejecting absentee/mail-in ballots:
“ | If the affidavit on the outer envelope of a returned absentee ballot is found to be insufficient, or that the signatures on the application and affidavit do not correspond, or that the applicant is not then a duly qualified elector of the precinct, the vote may not be allowed, but without opening the absent voter's envelope, the election inspector or election judge shall mark across the face thereof “rejected as defective” or “rejected as not an elector”, as the case may be. These rejected ballots are then turned over to the county canvassing board for final determination of eligibility. The subsequent death of an absentee voter after having voted by absentee ballot does not constitute grounds for rejecting the ballot.[56] | ” |
See law:North Dakota Century Code Title 16.1. Elections § 16.1-07-12.
Ohio
As of November 2020, Ohio law included the following provision for rejecting absentee/mail-in ballots:
“ | If election officials find that any of the following are true concerning an absent voter's ballot or absent voter's presidential ballot and, if applicable, the person did not provide any required additional information to the board of elections not later than the seventh day after the day of the election, as permitted under division (D)(3)(b) or (E)(2) of section 3509.06 of the Revised Code, the ballot shall not be accepted or counted:
(A) The statement accompanying the ballot is incomplete as described in division (D)(3)(a) of section 3509.06 of the Revised Code or is insufficient; (B) The signatures do not correspond with the person's registration signature; (C) The applicant is not a qualified elector in the precinct; (D) The ballot envelope contains more than one ballot of any one kind, or any voted ballot that the elector is not entitled to vote; (E) Stub A is detached from the absent voter's ballot or absent voter's presidential ballot; or (F) The elector has not included with the elector's ballot any identification required under section 3509.05 or 3511.09 of the Revised Code.[56] |
” |
See law: Ohio Rev Code § 3509.07 (2019)
Oklahoma
As of November 2020, Oklahoma law included the following provision for rejecting absentee/mail-in ballots:
“ | A. Absentee ballots must be accompanied by:
1. A plain opaque envelope in which voted ballots must be placed by the voter; 2. An envelope bearing an affidavit stating that the voter is qualified to vote and that the voter has personally marked the ballots, and has not exhibited the marked ballots to any other person; 3. A return envelope addressed to the secretary of the county election board; and 4. A notice that it is illegal for a Notary Public in this state to charge a fee to notarize an official absentee ballot affidavit. B. A voter may take a digital image or photograph of his or her marked absentee ballot and distribute or share the image via social media or by any other means if performed voluntarily and in compliance with state and federal law. Testimony as to how any individual cast his or her absentee ballot, whether or not said absentee ballot was lawfully cast, shall not be admissible as evidence in any court of law or public hearing in this state.[56] |
” |
See law: 26 OK Stat § 26-14-107 (2019)
Oregon
As of November 2020, Oregon law included the following provision for rejecting absentee/mail-in ballots:
“ | (8) A ballot shall be counted only if:
(a) It is returned in the return identification envelope; (b) The envelope is signed by the elector to whom the ballot is issued, unless a certified statement is submitted under ORS 254.431; and (c) The signature is verified as provided in subsection (9) of this section. (9) The county clerk shall verify the signature of each elector on the return identification envelope with the signature on the elector’s registration record, according to the procedure provided by rules adopted by the Secretary of State. If the county clerk determines that an elector to whom a replacement ballot has been issued has voted more than once, the county clerk shall count only one ballot cast by that elector.[56] |
” |
See law: OR Rev Stat § 254.470 (2019)
Pennsylvania
As of November 2020, Pennsylvania law included the following provision for rejecting absentee/mail-in ballots:
“ | (d) Whenever it shall appear by due proof that any absentee elector who has returned his ballot in accordance with the provisions of this act has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be rejected by the canvassers but the counting of the ballot of an elector thus deceased shall not of itself invalidate any nomination or election.
(e) At such time the local election board shall then further examine the declaration on each envelope not so set aside and shall compare the information thereon with that contained in the “Registered Absentee Voters File,” the absentee voters' list and the “Military Veterans and Emergency Civilians Absentee Voters File.” If the local election board is satisfied that the declaration is sufficient and the information contained in the “Registered Absentee Voters File,” the absentee voters' list and the “Military Veterans and Emergency Civilians Absentee Voters File” verifies his right to vote, the local election board shall announce the name of the elector and shall give any watcher present an opportunity to challenge any absentee elector[56] |
” |
See law: Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 3146.8.
Rhode Island
As of November 2020, Rhode Island law included the following provision for rejecting absentee/mail-in ballots:
“ | The board of elections shall, on its own motion, disqualify any mail ballot which it determines, based upon a preponderance of the evidence, was not voted by the elector who purportedly cast it, or was voted by an elector who was not eligible to vote by mail ballot, or was not obtained and voted in the manner prescribed by this chapter. The board of elections may take this action even in the absence of a challenge to the ballot and may take this action at any time prior to the separation of the ballot from its application and certifying envelope.[56] | ” |
See law: Rhode Island General Laws § 17-20-33. Disqualification of ballot by board of elections.
South Carolina
As of November 2020, South Carolina law included the following provision for rejecting absentee/mail-in ballots:
“ | A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county board of voter registration and elections after time for closing of the polls.[56] | ” |
See law: SC Code § 7-15-420 (2019)
South Dakota
As of November 2020, South Dakota law included the following provision for rejecting absentee/mail-in ballots:
“ | The board shall enter the voter's name on the election pollbook and mark the registration list if:
(1) The ballots received were voted by the voter whose name appears on the statement; (2) The voter is registered in such precinct and has not previously voted in that precinct at the election; and (3) The written application and statement were both signed by the voter.[56] |
” |
See law: SD Codified L § 12-19-10 (2019)
Tennessee
As of November 2020, Tennessee law included the following provision for rejecting absentee/mail-in ballots:
“ | (1) If a voter fails to provide required information on an absentee
voting by mail application, the administrator shall mark the application “Rejected” and return it to the voter immediately by mail with a red circle marked around the space provided for the required information. The voter may then return the same application after supplying the required information. (2) If a voter refuses to provide required information on any absentee voting application, the administrator shall mark the application “Rejected” and write the reason for rejection on the application. Notice of rejection shall immediately be given in writing to the applicant. (3) If the administrator determines that an applicant is ineligible to vote absentee, the administrator shall mark the application “Rejected” and write the reason for rejection on the application. Notice of rejection shall immediately be given in writing to the applicant. (4) If a county election commission receives an application for an absentee ballot by email with an attached document that includes a scanned signature, the administrator may send a notice of rejection by email with an attached document advising the voter of the reason for the rejection. (b) If upon receipt of any absentee ballot the administrator determines that the ballot is not entitled to be cast under this title, the administrator shall mark the absentee ballot envelope “Rejected,” write the reason for the rejection on the envelope, and sign it. The absentee ballot envelope, unopened, shall be placed in a container of rejected absentee ballots for the election. Notice of the rejection shall immediately be given in writing to the voter.[56] |
” |
See law:TN Code § 2-7-124 (2019)
Texas
As of November 2020, Texas law included the following provision for rejecting absentee/mail-in ballots:
“ | (b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly executed; (2) neither the voter's signature on the ballot application nor the signature on the carrier envelope certificate is determined to have been executed by a person other than the voter, unless signed by a witness; (3) the voter's ballot application states a legal ground for early voting by mail; (4) the voter is registered to vote, if registration is required by law; (5) the address to which the ballot was mailed to the voter, as indicated by the application, was outside the voter's county of residence, if the ground for early voting is absence from the county of residence; (6) for a voter to whom a statement of residence form was required to be sent under Section 86.002(a), the statement of residence is returned in the carrier envelope and indicates that the voter satisfies the residence requirements prescribed by Section 63.0011; and (7) the address to which the ballot was mailed to the voter is an address that is otherwise required by Sections 84.002 and 86.003.[56] |
” |
See law: TX Elec Code § 87.041 (2019)
Utah
As of November 2020, Utah law included the following provision for rejecting absentee/mail-in ballots:
“ | (3) If the poll workers determine that the affidavit is insufficient, or that the signatures do not correspond, or that the applicant is not a registered voter in the voting precinct, they shall:
(a) disallow the vote; and (b) without opening the absentee voter envelope, mark across the face of the envelope: (i) ""Rejected as defective""; or (ii) ""Rejected as not a registered voter.[56] |
” |
See law: UT Code § 20A-3-308 (2019)
Vermont
As of November 2020, Vermont law included the following provision for rejecting absentee/mail-in ballots:
“ | (3)(A) If the early voter is a first-time voter who registered by mail or online, two election officials from different political parties shall determine whether the identification required under subdivision 2563(1) of this title has been submitted by the voter. Upon ascertaining that the proper identification has been submitted by the voter, the election officials shall mark the checklist, open the certificate envelope, turn the certificate side face down, and hand the envelope face down to a third election official who shall remove the ballots from the envelopes and deposit the ballot in the ballot box or vote tabulator.
(B) If the proper identification has not been submitted, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter.[56] |
” |
See law:17 V.S.A. § 2546
Virginia
As of November 2020, Virginia law included the following provision for rejecting absentee/mail-in ballots:
“ | After the voter has marked his absentee ballot, he shall (a) enclose the ballot in the envelope provided for that purpose, (b) seal the envelope, (c) fill in and sign the statement printed on the back of the envelope in the presence of a witness, who shall sign the same envelope, (d) enclose the ballot envelope and any required assistance form within the envelope directed to the general registrar, and (e) seal that envelope and mail it to the office of the general registrar or deliver it personally to the general registrar. A voter's failure to provide in the statement on the back of the envelope his full middle name or his middle initial shall not be a material omission, rendering his ballot void, unless the voter failed to provide in the statement on the back of the envelope his full first and last name. A voter's failure to provide the date, or any part of the date, including the year, on which he signed the statement printed on the back of the envelope shall not be considered a material omission and shall not render his ballot void. For purposes of this chapter, ""mail"" shall include delivery by a commercial delivery service, but shall not include delivery by a personal courier service or another individual except as provided by §§ 24.2-703.2 and 24.2-705.
Failure to follow the procedures set forth in this section shall render the applicant's ballot void.[56] |
” |
See law:Code of Virginia § 24.2-707
Washington
As of November 2020, Washington law included the following provision for rejecting absentee/mail-in ballots:
“ | If he finds that such affidavit has been improperly executed, or does not sufficiently indicate that the ballot was marked and mailed or delivered as required by sections ninety-two and ninety-three, or except as provided in the preceding sentence was not signed by the person who signed the application therefor, he shall mark across the face thereof Rejected as defective, and shall place on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be, opposite the name of the voter the capital letter R. Each envelope, so marked, all applications for absent voter ballots and all lists referred to in this section shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots. If he does not mark the envelope Rejected as defective, he shall mark a check against the name of the voter on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be. Said clerk, or such person, shall record on tally sheets prepared and furnished by the state secretary all envelopes, as well as accepted or rejected ballots of absent voters; and, in cities and towns divided into voting precincts, a separate record shall be made for each precinct.[56] | ” |
See law:Mass. Gen. Laws Chapter 54 Section 94
West Virginia
As of October 2020, West Virginia did not have a criteria for rejecting ballots.
Wisconsin
As of November 2020, Wisconsin law included the following provision for rejecting absentee/mail-in ballots:
“ | (b) When the inspectors find that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind or, except in municipalities where absentee ballots are canvassed under s. 7.52, that the certificate of a military or overseas elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted to the inspectors that an elector voting an absentee ballot has since died, the inspectors shall not count the ballot. The inspectors shall endorse every ballot not counted on the back, “rejected (giving the reason)". The inspectors shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The inspectors shall endorse the envelope, “rejected ballots" with a statement of the ward or election district and date of the election, signed by the chief inspector and one of the inspectors representing each of the 2 major political parties and returned to the municipal clerk in the same manner as official ballots voted at the election.[56] | ” |
See law:WI Stat § 6.88 (2019)
Wyoming
As of November 2020, Wyoming law included the following provision for rejecting absentee/mail-in ballots:
“ | (a) After the judges of election are sworn in and as activity permits, the judges shall examine the affidavit onthe absentee ballot envelope to determine if it is legally sufficient.
(b) If it is not, they shall write on the unopened inner envelope "REJECTED" and reasons for rejection. A rejected ballot envelope and the ballot therein shall be returned to the clerk who delivered it and retained by the clerk as required by state and federal law or until the final termination of any court action in which it may be involved, whichever is later, and then destroyed." |
” |
See law: WY Stat § 22-9-121 (2019)
EAC report links
- U.S. Election Assistance Commission, "Election Administration and Voting Survey 2020"
- U.S. Election Assistance Commission, "Election Administration and Voting Survey 2018"
- U.S. Election Assistance Commission, "Election Administration and Voting Survey 2016"
See also
- Absentee/mail-in voting, 2020
- Processing, counting, and challenging absentee/mail-in ballots in the states, 2020
- Life cycle of an absentee/mail-in ballot (2020)
The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.
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Additional reading
- FiveThirtyEight, "Why Rejected Ballots Could Be A Big Problem In 2020," Oct. 13, 2020
- USA Today, "More than 1 million people could lose their vote on Nov. 3. That’s the best-case scenario," Oct. 12, 2020
- The Hill, "Mail-in ballot rejection rate could cast doubt over election results," Oct. 9, 2020
- NPR, "More Than 550,000 Primary Absentee Ballots Rejected In 2020, Far Outpacing 2016," Aug. 22, 2020
Footnotes
- ↑ Totals come from Election Assistance Commission reports including data from territories, which are not included elsewhere on this page
- ↑ Calculated by dividing ballots rejected by ballots returned
- ↑ National Conference of State Legislatures, "Absentee and Early Voting," July 30, 2019
- ↑ FiveThirtyEight, "Why Rejected Ballots Could Be A Big Problem In 2020," Oct. 13, 2020
- ↑ USA Today, "More than 1 million people could lose their vote on Nov. 3. That’s the best-case scenario," Oct. 12, 2020
- ↑ The Hill, "Mail-in ballot rejection rate could cast doubt over election results," Oct. 9, 2020
- ↑ This includes Montana, which did not require automatic absentee/mail-in ballots at the state level, but granted counties the ability to carry out such a process. Over 90% of voters lived in a county that chose to operate an automatic absentee/mail-in ballot system.
- ↑ Louisiana, Mississippi, and Tennessee are included here. These states changed their policies in 2020 to allow for additional excuses related to COVID-19 such as being at high risk for infections, being in quarantine, or carrying for somebody in quarantine.
- ↑ A rejection rate could not be calculated for Alabama based on insufficient data reported to the EAC
- ↑ 10.0 10.1 10.2 U.S. Election Assistance Commission, "Election Administration and Voting Survey," 2020
- ↑ "Alabama reported mail and early in-person voting data together as the Total Mail Voters (300,684). Both are considered absentee voting; thus, the data for transmission method are commingled and cannot be reported separately." (2020 EAC report, p.37)
- ↑ The EAC did not provide an explanation as to why Arkansas' numbers do not equal 100%. The data listed here is taken verbatim from the 2020 report with percentages calculated by Ballotpedia using those figures.
- ↑ "Data on rejected mailed ballots for Georgia include rejected ballots entered by counties into the state voter registration system as of February 2021, which does not necessarily include all ballots rejected by counties." (2020 EAC report, p.37)
- ↑ "Butte County and Valley County in Idaho responded 'Data not available' to the number of mailed ballots received ... but reported data for the number of mailed ballots counted ... Madison County and Valley County in Idaho reported more mailed ballots counted than mailed ballots received. Because of these responses, the total number of mailed ballots counted exceeds the number of mailed ballots received at the state level for Idaho, and the percentage of returned ballots that were counted exceeds 100%." (2020 EAC report, p.37)
- ↑ "Kansas did not provide any survey comments to explain why the data reported in the Total Mail Voters column exceeds that of the Total Mailed Ballots Transmitted column, nor why the percentage of mailed ballots counted and rejected does not sum to 100%. Some jurisdictions that reported data on Total Mail Voters did not provide data for Total Mailed Ballots Transmitted." (2020 EAC report, p.37)
- ↑ "Local election officials in Wisconsin were still recording voter participation method at the time data was provided for this report; therefore, the Total Mail Voters data were incomplete. These data are currently available from the state." (2020 EAC report, p.37)
- ↑ Data was unavailable for Alabama and Vermont
- ↑ 18.0 18.1 U.S. Election Assistance Commission, "Election Administration and Voting Survey," 2016
- ↑ U.S. Election Assistance Commission, "Election Administration and Voting Survey," 2018
- ↑ 20.0 20.1 20.2 This state did not report rejected absentee/mail-in ballot information to the EAC.
- ↑ 21.0 21.1 21.2 21.3 21.4 Due to excluded data, the change could not be calculated.
- ↑ The number of rejected ballots comes from the EAC report. Other turnout numbers and the associated percentages come from both the state's official canvas. The number of returned ballots was calculated by adding the number of rejected ballots to the number of counted absentee/mail-in ballots between the two reports.
- ↑ The number of rejected ballots comes from the EAC report. Other turnout numbers and the associated percentages come from a trends document located on the South Carolina Secretary of State's website. As a disclaimer, the document describes the number as "Ballots Cast" rather than ballots counted. This analysis assumes ballots cast equals ballots counted and calculated a number of ballots returned by adding the number of rejected ballots to the ballots cast total.
- ↑ U.S. Election Assistance Commission, "Election Administration and Voting Survey," 2016
- ↑ U.S. Election Assistance Commission, "Election Administration and Voting Survey," 2018
- ↑ Alabama reported a 0.00% rejection rate in the Election Assistance Commission's 2016 survey
- ↑ This figure was calculated by adding the number of rejected absentee/mail-in ballots of all types apart from in-person ballots (1,075) and dividing that total by the number of such ballots received (112,898).
- ↑ A report provided by the Secretary of State's office showed 663,816 absentee/mail-in ballots received with 6,293 of that total rejected. Additional correspondence clarified that the number of rejected ballots does not include ballots received after the receipt deadline. It is unclear whether the 2016 and 2018 EAC reports include late ballots when calculating the total number of rejected ballots for each state.
- ↑ According to the Office of the State Election Commissioner based on correspondence with Ballotpedia, Delaware accepted 163,589 absentee/mail-in ballots and rejected eight. The state also received 335 ballots after the receipt deadline. Delaware does not count late ballots as rejected ballots. For the purpose of Ballotpedia's analysis, the eight rejected ballots and 335 late ballots are included altogether as 343 rejected ballots in order to make Delaware's rate more comparable to those of other states where late ballots are counted as rejected ballots.
- ↑ This figure was calculated using the data provided in the U.S. Election Assistance Commission's 2016 Election Administration and Voting Survey (p. 23). The EAC reported 13,677 rejected absentee/mail-in ballots out of the 213,033 returned. This results in a rejection rate of 6.4%.
This number differs from the Georgia Secretary of State's absentee files, Ballotpedia found 6,363 rejected absentee/mail-in ballots (those submitted by mail or electronically) out of 219,414 returned, resulting in a rejection rate of 2.9%.
The EAC does not conduct original research when compiling data for its annual survey. Instead, the body submits questionnaires to state election officials and reports what is provided with additional references if needed. No such references exist for Georgia's 2016 submission.
If you are aware of information that may explain the reason for this difference, please email us. - ↑ This figure was calculated using the data provided in the U.S. Election Assistance Commission's 2018 Election Administration and Voting Survey (p. 29). The EAC reported 7,512 rejected absentee/mail-in ballots out of the 242,661 returned. This results in a rejection rate of 3.1%.
This number differs from the Georgia Secretary of State's absentee files, Ballotpedia found 8,144 rejected absentee/mail-in ballots (those submitted by mail or electronically) out of 231,920 returned, resulting in a rejection rate of 3.5%.
The EAC does not conduct original research when compiling data for its annual survey. Instead, the body submits questionnaires to state election officials and reports what is provided with additional references if needed. No such references exist for Georgia's 2018 submission.
If you are aware of information that may explain the reason for this difference, please email us. - ↑ This total was calculated by adding all accepted absentee/mail-in ballots received electronically or by mail (1,327,126) with the total number of rejected absentee/mail-in ballots received electronically or by mail (4,602) and dividing the total number of rejected ballots by the sum. These totals do not include spoiled, canceled, or in-person absentee/mail-in ballots. There were three in-person absentee/mail-in ballots that were rejected, which is not reflected in the 4,602 figure.
- ↑ As of Jan. 7, 2021, the Nov. 3, 2020, absentee voter file provided by the Georgia Secretary of State's office was last updated Nov. 16, 2020. Following communication with the Secretary of State's office, there are no plans to update the file further and any such updates, were they to occur, would take place on an ad hoc basis.
- ↑ This figure was calculated by adding the total number of absentee/mail-in ballots received and counted (535,942) to the total number rejected (2,918) and dividing the number rejected by the sum of the two figures (538,860).
- ↑ This number was calculated by adding the number of ballots rejected (20,036) to the number of counted absentee/mail-in ballots (1,524,630) and divided the number of rejected by the sum. The number of rejected ballots does not differentiate between rejected absentee/mail-in ballots and rejected in-person early voting ballots. However, for the purpose of this summary, it is assumed that nearly all rejected ballots were absentee/mail-in ballots following communication with the Office of the Secretary of the Commonwealth.
- ↑ Calculated by adding the number of accepted ballots with the number of rejected ballots and dividing the number of rejected ballots by the total.
- ↑ The source document shows that 690,548 absentee/mail-in ballots were returned for counting. Ballotpedia arrived at the number of 6,891 rejected ballots by adding the 4,004 ballots reported as rejected with the 2,887 ballots that had not been cured as of Nov. 25.
- ↑ This figure was calculated by dividing number of rejected absentee/mail-in ballots (2,003) by the number of absentee/mail-in ballots received (255,935).
- ↑ This rate was calculated using multiple sources. The number of rejected ballots comes from the EAC report. The total number of absentee/mail-in ballots received comes, in part, from the state's official canvas. The number of returned ballots was calculated by adding the number of rejected ballots to the number of counted absentee/mail-in ballots between the two reports.
- ↑ This figure was calculated by dividing 1,221 by 324,801. The 1,221 figure represents the number of absentee ballots that were rejected for any reason other than a voter casting a separate in-person ballot, thereby nullifying his or her absentee/mail-in ballot. The 324,801 figure represents the total number of absentee/mail-in ballots received as of 5:00 PM on Election Day. These figures may change following the release of the Election Administration Commission's 2020 report. It is unclear whether New Mexico counts late ballots as rejected ballots, or if there were more ballots received and counted after 5:00 PM on Election Day.
- ↑ This figure was calculated by dividing the total number of rejected ballots (392) by the total number of ballots received (182,205). Figures were provided to Ballotpedia over the phone from the North Dakota Secretary of State's office.
- ↑ Oregon conducted its election entirely by mail. The figure shown here was calculated by dividing the total number of challenged ballots (16,860) by the total number of received ballots (2,413,922). A challenged ballot refers specifically to a ballot where the voter's signature could not be verified. Voters have two weeks to cure their ballots. The 16,860 figure represents the uncured ballots remaining after that two week period.
- ↑ Calculated by adding the total number of accepted ballots (170,115) to the number of rejected and deficient ballots (51 and 133, respectively) and dividing the sum of rejected and deficient ballots (184) by the total.
- ↑ This rate was calculated using multiple sources. The number of rejected ballots comes from the EAC report. The number of absentee/mail-in ballots received comes from a trends document located on the South Carolina Secretary of State's website. As a disclaimer, the document describes the number as "Ballots Cast" rather than ballots counted. This analysis assumes ballots cast equals ballots counted and calculated a number of ballots returned by adding the number of rejected ballots to the ballots cast total.
- ↑ This rate was calculated using multiple sources. The number of rejected ballots was calculated by subtracting counted absentee/mail-in ballots (found in the first source listed to the right) by the number of absentee/mail-in ballots counted in the presidential election, specifically (found in the bottom source to the right). Due to this methodology, the rejection rate shown here may be higher than the actual rate if there were any undervotes in the presidential election, meaning a voter accurately filled out his or her ballot, but did not cast a vote for president.
- ↑ This figure was calculated by dividing the "Ballots rejected" figure from the source (817) by the "Absentee Ballots Received" figure (219,074). South Dakota allowed in-person absentee voting. The "Absentee Ballots Received" figure appears to by the number of by-mail absentee ballots received. It is unclear whether the "Ballots Rejected" figure refers solely to those cast by mail or if it also includes in-person absentee/mail-in ballots that were rejected.
- ↑ Ballotpedia received information indicating that 13,725 ballots were rejected. According to the statewide canvas, 1,515,845 ballots were counted. Correspondence with the lieutenant governor's office showed that 96,175 ballots were cast in-person. This rate was calculated by adding the rejected ballots to the total number cast and then subtracting that total by the number of ballots cast in-person. The number of rejected ballots was then divided by that total.
- ↑ Vermont did not report absentee/mail-in data in 2016
- ↑ Calculated by dividing the total number of rejected absentee/mail-in ballots by the total number of returned absentee/mail-in ballots. Correspondence with the secretary of state's office explained that the total number of ballots returned (74,569) includes those returned by mail, those returned electronically, and those returned in-person. The system used by the office does not differentiate between methods of return.
- ↑ Cite error: Invalid
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- ↑ According to the 2016 report, 43 states reported data on reasons for the rejection of absentee/mail-in ballots. The 2018 and 2020 reports did not provide the number of states that report data on rejection reasons.
- ↑ 52.0 52.1 52.2 This category was not included in the EAC's 2018 report.
- ↑ This category was not directly listed in the 2020 report. This total is a combination of the five following rejection reasons: ballot returned in an unofficial envelope (4.2%), multiple ballot returned in one envelope (2.1%), ballot missing from envelope (1.5%), envelope not sealed (0.9%), and no resident address on envelope (0.8%).
- ↑ According to the 2016 report (p. 10), "'Other' encompasses additional reasons not listed in the EAVS questionnaire, and included responses such as the ballot was not properly notarized, the voter had already cast an absentee ballot, or there was incomplete information on the ballot envelope." According to the 2018 report (p. 14), other reasons included "the voter was not registered or eligible, the ballot was missing an important document (such as an affidavit or certification) or included an incomplete document, or that the voter had already voted with a different by-mail ballot or otherwise surrendered his/her by-mail ballot." According to the 2020 report (p. 13), other reasons included "the voter was not eligible to vote in the jurisdiction, the ballot was missing an important document (such as an affidavit or certification), the document was incomplete or insufficient, there were identifying marks on the ballot, the ballot was missing a secrecy envelope or was outside of the secrecy envelope, or a combination of reasons."
- ↑ In 2020, this total included the following reasons: no ballot application on record (0.6%), and no election official's signature on ballot (0.1%).
- ↑ 56.00 56.01 56.02 56.03 56.04 56.05 56.06 56.07 56.08 56.09 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 56.36 56.37 56.38 56.39 56.40 56.41 56.42 56.43 56.44 56.45 56.46 56.47 56.48 56.49 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.