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How do states protect and verify absentee/mail-in ballots? (2020)
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Absentee/mail-in voting does not happen in person on Election Day but instead occurs another way (generally by mail). All states allow for some form of absentee/mail-in voting, and all states establish mechanisms for verifying the validity of absentee/mail-in ballots. This article summarizes three of the most common verification mechanisms:
Signature requirements
All 50 states require a valid signature for an absentee/mail-in ballot to be counted. According to The New York Times, 32 states use the signature provided with a voter's absentee/mail-in ballot to verify his or her identity by comparing it with the signature on file (e.g., the signature on a driver's license or voter registration application). Twenty-eight states and the District of Columbia practice signature matching and allow voters to remedy mismatches. Another four states practice signature matching, but do not allow voters to remedy mismatches. Eighteen states either do not have signature matching laws or do not practice signature matching on a regular basis.[1]
Amber McReynolds, CEO of the National Vote at Home Institute, told The New York Times that signature matching "is the best way to strike a balance between security, transparency, and accessibility for voters" when done properly, including a process to fix signature mismatches. Mark Gaber, the director of trial litigation at the Campaign Legal Center, said that signature matching was problematic, with courts having found "that there's a high risk of wrongly being identified as not having signed your ballot."[1]
The map below identifies the states that use signature matching and allow for remedying mismatches, those that use signature matching and do not allow for remedying mismatches, and those that do not use signature matching.
Witness requirements
A witness requirement is a rule requiring a voter to have another individual witness the voter filling out his or her ballot and attesting that the person filling out the ballot is the voter to whom the ballot is addressed. States with witness requirements may require that the witness be a notary. Others allow any adult citizen to act as a witness for this purpose. For the 2020 general election, seven states have a witness requirement for absentee/mail-in ballots, with one of those states requiring that the witness be a notary. The map below highlights states with witness requirements.
Proponents of witness requirements argue that the process prevents fraud by holding others (the witness) accountable for the authenticity of the voter. Prior to voting in favor of a witness requirement, Oklahoma state Rep. Chris Kannady (R) said, "The worse thing that you can do is fraudulently vote . . . and this is the way we prevent that from happening."[2] Opponents of witness requirements say that these rules complicate the voting process for the elderly, those who live alone, and individuals with disabilities or chronic health problems. U.S. Sen. Tammy Baldwin (D-Wisc.) said, "I live alone and I actually went outside and waited for the first person I saw walking their dog and asked if they could stop for a moment and be my witness. Imagine living in a rural community and living alone where that wouldn’t an option. Or living alone and being afraid to let someone in because we’re in a pandemic."[3]
Ballot collection laws
Most states have laws allowing someone other than a voter to return the voter's absentee/mail-in ballot. These laws, referred to as ballot collection or ballot harvesting laws, vary by state. As of August 2020, 24 states and the District of Columbia permitted someone chosen by the voter to return the ballot on the voter's behalf in most cases. Twelve states specified who may return ballots (i.e., household members, caregivers, and/or family members) in most cases. One state explicitly allowed only the voter to return his or her ballot. Thirteen states did not specify whether someone may return another's ballot.[4]
Twelve states limit the number of ballots one individual may collect and return. Wendy Underhill, director of the elections and redistricting program for the National Conference of State Legislatures (NCSL), said that from a voter's perspective, "[ballot collection] may be taken as a kindness if someone offers to mail in or drop off a voted ballot."[5] NCSL also says, however, that such a limit on the number of ballots on individual may return "are based on the concern that saving people the task of returning their ballot can bleed into encouraging them to vote a certain way."[6]
The following map summarizes ballot collection laws by state as of August 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.
More frequently asked questions about the 2020 election
Click on a question below to read the answer:
- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
- Can I take a ballot selfie?
- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
Related articles
- National Conference of State Legislatures, "Voting Outside the Polling Place: Absentee, All-Mail and other Voting at Home Options," September 24, 2020
- ProPublica, "Electionland 2020: Mail Ballot Challenges, Election Security, New Legislation and More," September 4, 2020
- The Heritage Foundation, "The Risks of Mail-In Voting," August 3, 2020
- U.S. PIRG, "Voting by mail is not only safe, it’s secure," June 17, 2020
- Bipartisan Policy Center, "Is Voting by Mail Safe and Reliable? We Asked State and Local Elections Officials," June 12, 2020
Footnotes
- ↑ 1.0 1.1 The New York Times, "Two of These Mail Ballot Signatures Are by the Same Person. Which Ones?" October 7, 2020
- ↑ KPBS, "Need A Witness For Your Mail-In Ballot? New Pandemic Lawsuits Challenge Old Rules," June 1, 2020
- ↑ Chicago Tribune, "A requirement that a witness or notary public sign a ballot envelope in a handful of states, including presidential battlegrounds North Carolina and Wisconsin, is tripping up some early voters," September 25, 2020
- ↑ National Conference of State Legislatures, "Returning Absentee Ballots," February 27, 2019
- ↑ The Washington Post, "What is ballot ‘harvesting,’ and why is Trump so against it?" May 26, 2020
- ↑ National Conference of State Legislatures, "VOPP: Table 10: Who Can Collect and Return an Absentee Ballot Other Than the Voter," August 28, 2020
