Processing, counting, and challenging absentee/mail-in ballots in the states, 2020

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This article covers subjects specific to the 2020 general election. It has not been updated to reflect subsequent developments.
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Elections by state

In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.^[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in all 50 states for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

How ballots are processed and counted
Whether ballots can be challenged
Conditions for rejecting a ballot
Whether voters can correct mistakes on a ballot

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.

Rules by state

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

Processing and counting ballots

See law: Arizona Revised Statutes, Section 16-550. Receipt of voter's ballot; cure period.

Arkansas

Officials in Arkansas began processing absentee/mail-in ballots on October 27, 2020. As of November 2020, Arkansas law included the following provision for processing absentee/mail-in ballots:

“

The election officials for absentee ballots may meet in a place designated by the county board of election commissioners no earlier than the Tuesday before the election for the purpose of opening the outer envelope, processing, and canvassing of absentee ballot paper work[.] The opening, processing, counting, and canvassing of absentee ballots shall be conducted as follows: (A) One (1) of the election officials shall open outer absentee ballot envelopes one by one and verify the contents; (B) If the required materials are properly placed in the outer absentee ballot envelope, the election official shall proceed to read aloud from the voter statement the name of the voter; (C) If the required materials are not properly placed in the outer absentee ballot envelope, a second election official shall open the inner absentee ballot envelope to verify the contents; (D) If all required materials are present within one (1) or the other envelope, the election officials shall put the materials in the proper envelope while preserving the secrecy of the voter's ballot and shall proceed to read aloud from the voter statement the name of the voter and the voting precinct in which the voter claims to be a legal voter; (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[.] ... (K) If no challenge is made by a qualified poll watcher, the election official shall remove the inner envelope, without opening the inner envelope containing the ballot, and place it in the ballot box without marking it in any way; (L) (i) After all of the outer envelopes have been opened, the election officials of the absentee box shall preserve all the statements of voters and the voters' identification documents and deliver them to the county clerk, who shall file and keep them for the same length of time after the election as is required for retention of other ballots. (ii) The voter statements shall be made available for public inspection during regular business hours. (iii) The voters' identification documents shall not be subject to public inspection except as part of a judicial proceeding to contest the election; (M) When all of the inner envelopes containing the ballots have been placed in the ballot box, the ballot box shall be shaken thoroughly to mix the ballots; and (N) The ballot box shall be opened and the ballots canvassed and counted.^[2]

”

See law: Arkansas Code, § 7-5-416. Counting of Absentee Ballots.

California

Officials in California began processing absentee/mail-in ballots on October 5, 2020. As of November 2020, California law included the following provision for processing absentee/mail-in ballots:

“

"(1) Upon receiving a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare: (A) The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter. (B) The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record. (2) In comparing signatures pursuant to this section, the elections official may use facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with the law. (3) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the elections official shall visually examine the signatures and verify that the signatures do not compare. (4) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare. (b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office."

"For the statewide general election to be held on November 3, 2020, any jurisdiction having the necessary computer capability may start to process vote by mail ballots on the 29th day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, including processing write-in votes so that they can be tallied by the machine, but under no circumstances may a vote count be accessed or released until 8 p.m. on the day of the election. All other jurisdictions shall start to process vote by mail ballots at 5 p.m. on the day before the election."^[2]

”

See law: California Elections Code, Section 3019

Colorado

As of November 2020, Colorado law did not specify when ballot processing could begin. State law included the following provision for processing absentee/mail-in ballots:

“

(1) (a) Before opening any mail ballot, one of the receiving judges, in the presence of a majority of the receiving judges, shall inspect the self-affirmation on the return envelope. (b) The self-affirmation is valid if: (I) The self-affirmation was completed by the elector; (II) The self-affirmation was signed by the elector or, if the elector is unable to sign, marked by the elector with or without assistance and witnessed by another person; and (III) In any election conducted by a county clerk and recorder, the signature on the self-affirmation matches the signature stored in the statewide voter registration system, or the eligible elector's marks on the application and the self-affirmation were witnessed by other persons. (c) If the self-affirmation is valid, the receiving judge shall open the envelope without defacing the self-affirmation or mutilating the enclosed ballot. (d) For the purposes of subparagraph (III) of paragraph (b) of this subsection (1), the signatures on an eligible elector's self-affirmation and stored in the statewide voter registration system shall be compared in the manner prescribed by section 1-7.5-107.3. (2) If the self-affirmation on the return envelope is invalid, the election judges shall mark the envelope "rejected" and shall write on the envelope the reason for the rejection. The envelope shall be set aside without being opened, and the ballot, if cured, shall be counted.^[2]

”

See law: Colorado Revised Statutes, Section 1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - repeal.

Connecticut

Officials in Connecticut began processing absentee/mail-in ballots on October 20, 2020. As of November 2020, Connecticut law included the following provision for processing absentee/mail-in ballots:

“

(b) Beginning not earlier than the seventh day before the election, primary or referendum and on any weekday thereafter, all absentee ballots received by the municipal clerk not later than eleven o’clock a.m. of such day may be sorted into voting districts by the municipal clerk and checked as provided in this subsection. On any such day, beginning as soon as the ballots have been sorted, the registrars of voters, without opening the outer envelopes, may check the names of the applicants returning ballots on the official checklist to be used at the election, primary or referendum by indicating “absentee” or “A” preceding each such name and, if unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties, the designation of the party in which the applicants are voting preceding each such name. Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section 9-147a, the registrars shall also place such indication on a duplicate of the checklist to be retained by the municipal clerk until he delivers it to the registrars at twelve o’clock noon on election, primary or referendum day for the use of the absentee ballot counters pursuant to subsection (i) of this section. All absentee ballots received not later than eleven o’clock a.m. of the last day before the election, primary or referendum which is not a Sunday or legal holiday, shall be so sorted and checked not later than such day.^[2]

”

See law: Connecticut HB 6002

Delaware

Officials in Delaware began processing absentee/mail-in ballots on October 30, 2020. As of November 2020, Delaware law included the following provision for processing absentee/mail-in ballots:

“

Officials in Louisiana began processing absentee/mail-in ballots on November 2, 2020, in parishes with more than 1,000 absentee ballots, or November 3 in parishes with less than 1,000 absentee ballots. As of November 2020, Louisiana law included the following provision for processing absentee/mail-in ballots:

“

A. Parishes with one thousand or more absentee by mail ballots returned to the registrar of voters for a primary or general election may conduct the preparation and verification process for the tabulation and counting of absentee by mail and early voting ballots the day before the election and conduct the tabulation and counting of absentee by mail and early voting ballots on election day.^[2]

”

See law: Louisiana Revised Statutes 18:1313.1

Maine

Officials in Maine began processing absentee/mail-in ballots on October 27, 2020. As of November 2020, Maine law included the following provision for processing absentee/mail-in ballots:

“

When the clerk receives a return envelope apparently containing an absentee ballot, the clerk shall observe the following procedures. [PL 2009, c. 538, §9 (AMD).]

1. Time of receipt noted. The clerk shall note the date and time of delivery on each return envelope. On request, the clerk shall give the person who delivers the ballot a receipt, stating the exact time of delivery. [PL 2009, c. 538, §9 (AMD).] 2. Clerk to examine signatures and affidavit. The clerk shall compare the signature of the voter on the application, where required, with that on the corresponding return envelope. The clerk shall examine the affidavit on the return envelope. If the signatures appear to have been made by the same person and if the affidavit is properly completed, the clerk shall write ""OK"" and the clerk's initials on the return envelope. Otherwise, the clerk shall note any discrepancy on the return envelope. A. If the signatures do not appear to have been made by the same person, but this discrepancy is apparently the result of the voter's having properly obtained assistance under either section 753-A, subsection 5, or section 754-A, subsection 3, or both, then the clerk shall note the discrepancy on the return envelope, but shall also write ""OK"" and the clerk's initials on the return envelope. [PL 1999, c. 645, §8 (AMD).] [PL 2009, c. 538, §9 (AMD).] 3. Application attached. The clerk shall attach each application, where required, to the corresponding envelope. The clerk may not open any return envelope. [PL 2009, c. 538, §9 (AMD).] 4. Lists prepared. [PL 2001, c. 310, §55 (RP).] 5. Envelopes and lists delivered. On election day, the clerk shall deliver or have delivered the return envelopes prescribed by section 752, subsection 3, with the applications, when required, attached and a copy of the list required by section 753-B, subsection 6, to the warden of the voting district in which the voter is registered, except in those municipalities where the clerk or the clerk's designee processes the absentee ballots centrally. In those municipalities where the absentee ballots are processed centrally, the clerk shall deliver or have delivered the materials described in this subsection to the person authorized by the clerk to process absentee ballots at the designated central location. After processing the absentee ballots, the warden or the clerk shall attach the copy of the list of absentee voters to the incoming voting list and seal it as provided in section 698.^[2]

”

See law: 21-A ME Rev Stat §756. Procedure on receipt

Maryland

Officials in Maryland began processing absentee/mail-in ballots on October 1, 2020. As of November 2020, Maryland law included the following provision for processing absentee/mail-in ballots:

“

(a) Following an election, each local board shall meet at its designated counting center to canvass the absentee ballots cast in that election in accordance with the regulations and guidelines established by the State Board.

(b) (1) A local board may not open any envelope of an absentee ballot prior to 8 a.m. on the Wednesday following election day.^[2]

”

See law: MD Elec Law Code § 11-302 (2019)

Officials in Mississippi began processing absentee/mail-in ballots on November 3, 2020. As of November 2020, Mississippi law included the following provision for processing absentee/mail-in ballots:

“

(1) In elections in which direct recording electronic voting systems are not utilized, the examination and counting of absentee ballots shall be conducted as follows:

(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.

(b) The signature on the application shall then be compared with the signature on the back of the envelope. If it corresponds and the affidavit, if one is required, is sufficient and the election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the envelope shall then be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.

(c) Having observed and found the ballot to be regular as far as can be observed from its official endorsement, the election managers shall deposit it in the ballot box with the other ballots before counting any ballots and enter the voter’s name in the receipt book provided for that purpose and mark “VOTED” in the pollbook or poll list as if he had been present and voted in person. If voting machines are used, all absentee ballots shall be placed in the ballot box before any ballots are counted, and the election managers in each precinct shall immediately count such absentee ballots and add them to the votes cast in the voting machine or device.

(2) In elections in which direct recording electronic voting systems are utilized, the examination and counting of absentee ballots shall be conducted as follows:

(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.

(b) The signature on the application shall then be compared with the signature on the back of the envelope. If it corresponds and the affidavit, if one is required, is sufficient and the election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the unopened envelope shall be marked “ACCEPTED” and the election managers shall enter the voter’s name in the receipt book provided for that purpose and mark “VOTED” in the pollbook or poll list as if he had been present and voted in person.

(c) All absentee ballot envelopes shall then be placed in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county. The official in charge of the election shall open the envelopes marked “ACCEPTED” and remove the ballot from the envelope.

(d) Having observed the ballot to be regular as far as can be observed from its official endorsement, the absentee ballot shall be processed through the central optical scanner. The scanned totals shall then be combined with the direct recording electronic voting system totals for the unofficial vote count.

When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.^[2]

”

See law: MS Code § 23-15-639 (2019)

Missouri

Officials in Missouri began processing absentee/mail-in ballots on November 3, 2020. As of November 2020, Missouri law included the following provision for processing absentee/mail-in ballots:

“

In each jurisdiction, the election authority may start, not earlier than the fifth day prior to the election, the preparation of absentee ballots for tabulation on the election day. The election authority shall give notice to the county chairman of each major political party forty-eight hours prior to beginning preparation of absentee ballot envelopes. Absentee ballot preparation shall be completed by teams of election authority employees or teams of election judges, with each team consisting of one member from each major political party.^[2]

”

See law: MO Rev Stat § 115.300 (2019)

Montana

As of October 2020, ballots could be processed upon receipt. As of November 2020, Montana law included the following provision for processing absentee/mail-in ballots:

“

(1) (a) Upon receipt of each absentee ballot signature envelope, an election administrator shall compare the signature of the elector or elector's agent on the absentee ballot request or on the elector's voter registration form with the signature on the signature envelope^[2]

”

See law: Montana Code Annotated 2019 13-13-241

Nebraska

Officials in Nebraska began processing absentee/mail-in ballots on October 23, 2020. As of November 2020, Nebraska law included the following provision for processing absentee/mail-in ballots:

“

(1) The election commissioner or county clerk shall appoint two or more registered voters to the counting board for early voting. One registered voter shall be appointed from the political party casting the highest number of votes for Governor or for President of the United States in the county in the immediately preceding general election, and one registered voter shall be appointed from the political party casting the next highest vote for such office. The election commissioner or county clerk may appoint additional registered voters to serve on the counting board and may appoint registered voters to serve in case of a vacancy among any of the members of the counting board. Such appointees shall be balanced between the political parties and may include registered voters unaffiliated with any political party. The counting board may begin carrying out its duties not earlier than the second Friday before the election and shall meet as directed by the election commissioner or county clerk.^[2]

”

See law: Nebraska Revised Statutes 32-1027

Nevada

As of October 2020, ballots could be processed upon receipt. As of November 2020, Nevada law included the following provision for processing absentee/mail-in ballots:

“

1. Except as otherwise provided in NRS 293D.200, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the county clerk shall check the signature in accordance with the following procedure:

(a) The county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against all signatures of the voter available in the records of the county clerk.

(b) If at least two employees in the office of the county clerk believe there is a reasonable question of fact as to whether the signature on the absent ballot matches the signature of the voter, the county clerk shall contact the voter and ask the voter to confirm whether the signature on the absent ballot belongs to the voter.

2. Except as otherwise provided in subsection 3, if the county clerk determines pursuant to subsection 1 that the absent voter is entitled to cast a ballot and:

(a) No absent ballot central counting board has been appointed, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.

(b) An absent ballot central counting board has been appointed, the county clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305."""^[2]

”

See law: Nevada Revised Statutes 293.325

New Hampshire

Officials in New Hampshire began processing absentee/mail-in ballots at on September 29, 2020. As of November 2020, New Hampshire law included the following provision for processing absentee/mail-in ballots:

“

The moderator or the moderator's designee may authorize the opening of absentee ballot outer envelopes on election day or the Thursday, Friday, Saturday, or Monday prior to the time established for processing absentee ballots in RSA 659:49, but after the corrected checklist has been posted provided that the opening of the outer envelopes occurs in public with notice of the time and place. After the outer envelope has been opened, the affidavit on the inner envelope shall be examined, the voter's name shall be announced, an opportunity for a challenge of the ballot shall be given, and a notation may be made on the checklist to help facilitate processing of the ballot on election day. Notwithstanding RSA 659:51, if absentee ballots are partially processed before election day a challenge may not be made after the notation has been made on the checklist. The ballot shall remain secure in the unopened affidavit envelope untl final processing on election day.^[2]

”

See law: New Hampshire Statutes Section 659:49-b

New Jersey

As of October 2020, ballots could be processed upon receipt. As of November 2020, New Jersey law included the following provision for processing absentee/mail-in ballots:

“

17. The county board of elections shall, promptly after receiving each mail-in ballot, remove the inner envelope containing the ballot from the outer envelope and shall compare the signature and the information contained on the flap of the inner envelope with the signature and information contained in the respective requests for mail-in ballots. In addition, as to mail-in ballots issued less than seven days prior to an election, the county board of elections shall also check to establish that the mail-in voter did not vote in person. 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.^[2]

”

See law:NJ Rev Stat § 19:63-17 (2019)

New Mexico

Officials in New Mexico began processing absentee/mail-in ballots on October 20, 2020 if the county received over 10,000 absentee ballots and on October 30 if the country received fewer than 10,000 absentee ballots. As of November 2020, New Mexico law included the following provision for processing absentee/mail-in ballots:

“

A. At any time after mailed ballots have been sent to voters and until the fifth day before the election, the county clerk may convene an election board to meet during the normal business hours of the office of the county clerk to qualify the mailed ballots that are returned. Before opening an official mailing envelope, the presiding judge and the election judges shall determine that the required information has been completed on the reverse side of the official mailing envelope.^[2]

”

See law: NM Stat § 1-6-14 (2019)

New York

As of October 2020, ballots could be processed upon receipt. As of November 2020, New York law included the following provision for processing absentee/mail-in ballots:

“

Officials in Oregon began processing absentee/mail-in ballots at on October 27, 2020. As of November 2020, Oregon law included the following provision for processing absentee/mail-in ballots:

“

(1) Subject to ORS 260.705 and not sooner than the seventh day before the date of an election, the county clerk may:

(a) Begin opening return identification and secrecy envelopes of ballots delivered by mail and received by the county clerk; and

(b) In accordance with a security plan approved by the Secretary of State under ORS 254.074, begin scanning ballots into a vote tally system.

(2) The county clerk may take any other actions that are necessary to count ballots delivered by mail."""^[2]

”

See law: OR Rev Stat § 254.478 (2019)

Pennsylvania

Officials in Pennsylvania began processing absentee/mail-in ballots at 7:00am on November 3, 2020. As of November 2020, Pennsylvania law included the following provision for processing absentee/mail-in ballots:

“

(a) The county boards of election, upon receipt of official absentee ballots in such envelopes, shall safely keep the same in sealed or locked containers until they distribute same to the appropriate local election districts in a manner prescribed by the Secretary of the Commonwealth.

Except as provided in section 1302.1(a.2), 1 the county board of elections shall then distribute the absentee ballots, unopened, to the absentee voter's respective election district concurrently with the distribution of the other election supplies.^[2]

”

See law: Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 3146.8.

Rhode Island

Officials in Rhode Island began processing absentee/mail-in ballots at on October 10, 2020. As of November 2020, XSTATEX law included the following provision for processing absentee/mail-in ballots:

“

(a)(1) Beginning prior to and continuing on election day the state board, upon receipt of mail ballots, shall keep the ballots in a safe and secure place that shall be separate and apart from the general public area and shall:

(i) Open the outer envelope and attach the matching ballot application to the inner certifying envelope; (ii) Beginning fourteen (14) days prior to and continuing on election day, proceed to certify the mail ballots. (2) Notice of these sessions shall be given to the public on the state board of elections' website, the secretary of state's website, and announcements in newspapers of general circulation published at least twenty-four (24) hours before the commencing of any session. All candidates for state and federal office, as well as all state party chairpersons, shall be given notice by telephone or otherwise of the day on which ballots affecting that candidate's district will be certified; provided, that failure to effect the notice shall in no way invalidate the ballots. (b) This processing shall be done within a railed space in the room in which it takes place, and the board shall admit within the railed space, in accordance with those rules that the board shall adopt, to witness the processing and certification of the ballots, the interested voter or the voter's representative, the candidates, or at least one representative of each candidate for whom votes are at the time being processed, and an equal number of representatives of each political party. These representatives shall be authorized in writing by the voter, the candidate, or the chairperson of the state committee of the political party, respectively, as the case may be. The board shall also, in accordance with these rules, admit representatives of the press and newscasting agencies and any other persons that it deems proper.^[2]

”

See law: Rhode Island General Laws § 17-20-26. Opening and counting of ballots.

(4) place the certificate envelopes into a secure container marked ""checked in early voter absentee ballots"" to be transported to the polling places on election day.^[2]

”

See law:17 V.S.A. § 2546

Virginia

Officials in Virginia can process ballots as needed. As of November 2020, Virginia law included the following provision for processing absentee/mail-in ballots:

“

Each general registrar shall take one or more of the following measures as needed to expedite counting absentee ballots returned by mail before election day: (i) examine the ballot envelopes to verify completion of the required voter affirmation; (ii) mark the pollbook, or the absentee voter applicant list if the pollbook is not available, that the voter has voted; or (iii) open the sealed ballot envelopes and insert the ballots in optical scan counting equipment or other secure ballot container without initiating any ballot count totals. If the general registrar proceeds to open sealed ballot envelopes as provided in clause (iii), at least two officers of election, one representing each political party, shall be present during all hours when a general registrar uses the expedited procedures authorized in this section. No person present while sealed ballot envelopes are opened and ballots are inserted into counting equipment or other secure ballot container pursuant to clause (iii) shall disclose any information concerning the ballots.^[2]

”

See law: Code of Virginia § 24.2-709.1

Washington

As of October 2020, ballots could be processed upon receipt. As of November 2020, Washington law included the following provision for processing absentee/mail-in ballots:

“

Section 94. The city or town clerk or a person designated by him shall open each envelope purporting to contain an official absent voting ballot as soon as possible after receiving it, in the view of any persons who may be present. He shall remove therefrom the inner envelope provided for in clause (c) of the first paragraph of section eighty-seven and, without opening such inner envelope, compare the signature thereon with the signature on the application therefor, except if a family member signed the application or if the voter received assistance in signing the application or the envelope, and examine the affidavit on each such envelope.^[2]

”

See law: Mass. Gen. Laws Chapter 54 Section 94

West Virginia

Officials in West Virginia began processing absentee/mail-in ballots on November 3, 2020. As of November 2020, West Virginia law included the following provision for processing absentee/mail-in ballots:

“

(a) In counties using paper ballots, all absentee ballots shall be processed as follows:

(1) The ballot boxes containing the absentee ballots shall be opened in the presence of the clerk of the county commission and two representatives of opposite political parties;

(2) The ballots shall be separated by precincts as stated on the sealed envelopes containing the ballots; and

(3) Absentee ballots shall be delivered to the polls to be opened and counted in accordance with section thirty-three, article one of this chapter, section fifteen, article five of this chapter; and section six, article six of this chapter. Disclosure of any results before the voting has been closed and the precinct returns posted on the door of the polling place shall be a per se violation of the oath taken by the counting board. In all other counties, counting is to begin immediately after closing of the polls.

(b) In counties using optical scan systems, the absentee ballots shall be processed as follows:

(1) On election day, the ballot boxes containing the absentee ballots shall be delivered to the central counting center and opened in the presence of the clerk of the county commission and two representatives of opposite political parties; and

(2) The absentee ballots shall be counted in accordance with section twenty-seven, article four-a of this chapter.

(c) In counties using direct recording elections systems, the absentee ballots shall be counted as follows:

(1) On election day, the ballot boxes containing the paper absentee ballots shall be delivered to the central counting center and opened in the presence of the clerk of the county commission and two representatives of opposite political parties; and

(2) Each absentee ballot shall be recorded on a direct recording voting terminal designated by the clerk of the county commission as the terminal for absentee tabulations, after being read aloud by a separate team of two representatives of opposite political parties; and

(3) The ballot shall be verified by both teams as being accurately printed on the paper receipt before the ballot is tabulated; and

(4) The appropriate election officials shall follow the procedures set out in subsections (a), (b), (d) and (e), section twenty-seven, article four-a of this chapter and subdivisions (3), (4), (5) and (6), subsection (c) of said section^[2]

”

See law: WV Code § 3-3-8 (2019)

Wisconsin

Officials in Wisconsin began processing absentee/mail-in ballots at 7:00am on November 3, 2020. As of November 2020, Wisconsin law included the following provision for processing absentee/mail-in ballots:

“

(a) Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, the inspectors shall, in the same room where votes are being cast, in such a manner that members of the public can hear and see the procedures, open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that proof of residence under s. 6.34 is required and proof of residence is enclosed, the inspectors shall enter both the type of identifying document submitted by the absent elector and the name of the entity or institution that issued the identifying document on the poll list in the space provided. If the poll list indicates that proof of residence under s. 6.34 is required and no proof of residence is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll list in the same manner as if the elector had been present and voted in person.

^[2]

”

See law: WI Stat § 6.88 (2019)

Wyoming

Officials in Wyoming began processing absentee/mail-in ballots on November 3, 2020. As of November 2020, Wyoming law included the following provision for processing absentee/mail-in ballots:

“

(a) After an absentee ballot has been accepted by the clerk, it shall not be returned to the voter.

(b) The clerk shall place completed absentee ballot envelopes in a large precinct envelope for the precinct in which they shall be voted and keep custody of them until they are delivered to the polling place or the designated counting center. The clerk shall endorse on the precinct envelope the number of the district and precinct and the words "Envelope contains ballots of absentee qualified electors and shall be opened only on election day at the polls when the polls are open" and shall affix his signature, official title, and seal the envelope. ^[2]

”

See law: WY Stat § 22-9-115 (2019)

Counting ballots

Alabama

Officials began counting absentee/mail-in ballots when polls close on November 3, 2020. As of November 2020, Alabama law included the following provision for counting absentee/mail-in ballots:

“

Upon closing of the polls, the absentee ballots shall be counted and otherwise handled in all respects as if the absentee voter were present and voting in person.^[2]

”

See law: Alabama Code §17-11-10

Alabama law included the following provision for who may count absentee/mail-in ballots:

“

For every primary, general, special, or municipal election, there shall be appointed one inspector and at least three clerks, named and notified as are other election officials under the general laws of the state, who shall meet, at the regular time of closing of the election on that day, in the courthouse, or municipal building for municipal elections, as designated by the absentee election manager for the purpose of counting and returning the ballots cast by absentee voters. The returns from the absentee precinct shall be made as required by law for all other boxes. It shall be unlawful for any election official or other person to publish or make known to anyone the results of the count of absentee votes before the polls close.^[2]

”

See law: Code of Alabama, Section 17-11-11 - Officials for counting of absentee ballots; poll watchers.

Alabama law included the following provision for poll watchers:

“

Any person or organization authorized to appoint poll watchers under Sections 17-8-7 and 17-13-11 may have a single watcher present at the counting of absentee ballots, with the rights as are conferred by the sections and by any other provisions of state law.^[2]

”

See law: Code of Alabama, Section 17-11-11 - Officials for counting of absentee ballots; poll watchers.

Alaska

Officials in Alaska began counting absentee/mail-in ballots at 8:00pm on November 2, 2020. As of November 2020, Alaska law included the following provision for counting absentee/mail-in ballots:

“

Counting of absentee ballots that have been reviewed shall begin at 8:00 p.m., local time, on the day of the election at places designated by each election supervisor and shall continue until all absentee ballots reviewed and eligible for counting have been counted. The counting teams shall report the count of absentee ballots to the district absentee ballot counting board. An election supervisor or an election official may not count absentee ballots before 8:00 p.m., local time, on the day of the election. Counting of the absentee ballots shall continue at times designated by the election supervisor until all absentee ballots are counted.^[2]

”

See law: Alaska Statutes, Sec. 15.20.190. Appointment, duties, and compensation of district counting boards.

Alaska law included the following provision for who may count absentee/mail-in ballots:

“

Thirty days before the date of an election, the election supervisors shall appoint, in the same manner provided for the appointment of election officials prescribed in AS 15.10, district absentee ballot counting boards and district questioned ballot counting boards, each composed of at least four members. At least one member of each board must be a member of the same political party of which the governor is a member, and at least one member of each board must be a member of the political party whose candidate for governor received the second largest number of votes in the preceding gubernatorial election. The district boards shall assist the election supervisors in counting the absentee and questioned ballots and shall receive the same compensation paid election officials under AS 15.15.380.^[2]

”

See law: Alaska Statutes, Sec. 15.20.201. Time of district absentee ballot counting review.

Arizona

Officials in Arizona began counting absentee/mail-in ballots on October 20, 2020. As of November 2020, Arizona law included the following provision for counting absentee/mail-in ballots:

“

The recorder or other officer in charge of elections shall thereafter safely keep the affidavits and early ballots in the recorder's or other officer's office until delivered pursuant to section 16-551 and tallying of ballots shall not begin any earlier than fourteen days before election day.^[2]

”

See law: Arizona Revised Statutes, Section 16-550. Receipt of voter's ballot; cure period.

Arizona law included the following provision for who may count absentee/mail-in ballots:

“

The board of supervisors or the governing body of the political subdivision shall appoint one or more early election boards to serve at places to be designated by the board of supervisors or the governing body to canvass and tally early election ballots. Members of early election boards shall be selected in accordance with the provisions for selecting members of regular election boards as provided in section 16-531.^[2]

”

See law: Arizona Revised Statutes, Section 16-552. Early ballots; processing; challenges.

Arizona law included the following provision for poll watchers:

“

The county chairman of each political party represented on the ballot, by written appointment addressed to the early election board, may designate party representatives and alternates to act as early ballot challengers for the party. No party may have more than the number of such representatives or alternates that were mutually agreed on by each political party to be present at one time. If such agreement cannot be reached, the number of representatives shall be limited to one for each political party.^[2]

”

See law: Arizona Revised Statutes, Section 16-552. Early ballots; processing; challenges.

Arkansas

Officials in Arkansas began counting absentee/mail-in ballots at 8:30am on November 3, 2020. As of November 2020, Arkansas law included the following provision for counting absentee/mail-in ballots:

“

It is the intent of this section to require the election officials for absentee ballots to meet and process, canvass, and count absentee ballots according to this section prior to the closing of the polls on election day. Absentee votes shall be cast on paper ballots. The ballots shall first be counted for write-in votes by the election officials. Then, at the discretion of the county board of election commissioners, the ballots may be either hand counted or counted on an electronic vote tabulating device.^[2]

”

See law: Arkansas Code, § 7-5-416. Counting of Absentee Ballots.

Arkansas law included the following provision for who may count absentee/mail-in ballots:

“

The county board of election commissioners shall appoint election clerks to process, count, and canvass the absentee voters' ballots in all elections. The election clerks who are to canvass the absentee ballots shall be appointed in the same manner and at the same time the poll workers are selected to serve at the regular voting precincts. The election clerks shall possess the same qualifications as the poll workers who serve at the regular voting precincts. The processing, counting, and canvassing of the absentee ballots shall be under the supervision and at the direction of the county board of election commissioners.^[2]

”

See law: Arkansas Code, § 7-5-414. Appointment of Election Clerks - Qualifications.

Arkansas law included the following provision for poll watchers:

“

The processing and counting of absentee ballots shall be open to the public, and candidates and authorized poll watchers may be present in person or by a representative designated in writing under § 7-5-312 during the opening, processing, canvassing, and counting of the absentee ballots as provided in this subchapter.^[2]

”

See law: Arkansas Code, § 7-5-416. Counting of Absentee Ballots.

California

Officials in California began counting absentee/mail-in ballots at 8:00pm on November 3, 2020. As of November 2020, California law included the following provision for counting absentee/mail-in ballots:

“

For the statewide general election to be held on November 3, 2020, any jurisdiction having the necessary computer capability may start to process vote by mail ballots on the 29th day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, including processing write-in votes so that they can be tallied by the machine, but under no circumstances may a vote count be accessed or released until 8 p.m. on the day of the election. All other jurisdictions shall start to process vote by mail ballots at 5 p.m. on the day before the election.^[2]

”

See law: California Elections Code, Section 15101

California law included the following provision for who may count absentee/mail-in ballots:

“

The [elections] official shall appoint a special counting board or boards in numbers that he or she deems adequate to count the vote by mail ballots. The official shall provide for the forms of tally books and the distribution of the duties of the members of the canvassing board. When the tally is done by hand, there shall be no less than four persons for each office or proposition to be counted. One shall read from the ballot, the second shall keep watch for any error or improper vote, and the other two shall keep the tally.^[2]

”

See law: California Elections Code, Section 15104

California law included the following provision for poll watchers:

“

(a) The processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, shall be open to the public, both prior to and after the election. (b) A member of the county grand jury, and at least one member each of the Republican county central committee, the Democratic county central committee, and of any other party with a candidate on the ballot, and any other interested organization, shall be permitted to observe and challenge the manner in which the vote by mail ballots are handled, from the processing of vote by mail ballot return envelopes through the counting and disposition of the ballots. (c) The elections official shall notify vote by mail voter observers and the public at least 48 hours in advance of the dates, times, and places where vote by mail ballots will be processed and counted. (d) Notwithstanding paragraph (2) of subdivision (b) of Section 2194, vote by mail voter observers shall be allowed sufficiently close access to enable them to observe the vote by mail ballot return envelopes and the signatures thereon and challenge whether those individuals handling vote by mail ballots are following established procedures, including all of the following: (1) Verifying signatures and addresses on the vote by mail ballot return envelopes by comparing them to voter registration information. (2) Duplicating accurately damaged or defective ballots. (3) Securing vote by mail ballots to prevent tampering with them before they are counted on election day. (e) A vote by mail voter observer shall not interfere with the orderly processing of vote by mail ballot return envelopes or the processing and counting of vote by mail ballots, including the touching or handling of the ballots.^[2]

”

See law: California Elections Code, Section 15102

Colorado

Officials in Colorado began counting absentee/mail-in ballots on October 19, 2020. As of November 2020, Colorado law included the following provision for counting absentee/mail-in ballots:

“

"The election officials at the mail ballot counting place may receive and prepare mail ballots delivered and turned over to them by the designated election official for tabulation. Counting of the mail ballots may begin fifteen days prior to the election and continue until counting is completed. The election official in charge of the mail ballot counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count shall be released by the election officials or watchers until after 7 p.m. on election day."

"(1) Mail ballots and any ballots cast at a voter service and polling center in lieu of a mail ballot must be counted after delivery of the ballots as provided in section 1-7.5-203 and after preparation of the ballots as provided in section 1-7.5-204. (2) Mail ballots must be counted in one of the following ways: (a) In counties that use paper ballots, the mail ballots may be counted in the same manner as paper ballots. (b) Any county may use electronic vote-tabulating equipment for the counting of mail ballots in the same manner provided for the counting of ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title. (c) Ballots that are cast directly on electronic or electromechanical vote-tabulating equipment at a voter service and polling center in lieu of a mail ballot shall be counted in the same manner as provided for the counting of ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title."^[2]

”

See law: Colorado Revised Statutes, Section 1-7.5-107.5. Counting mail ballots.

Colorado law included the following provision for who may count absentee/mail-in ballots:

“

If the county clerk and recorder or designated election official has mailed or delivered mail ballots to five hundred or more electors, the county clerk and recorder or designated election official shall appoint, in addition to the voter service and polling center judges appointed to staff voter service and polling centers described in section 1-7.5-107, at least three counting judges, not more than two of whom shall be from any one major political party. For each additional five hundred mail ballots so mailed or delivered, the county clerk and recorder or designated election official may appoint additional counting judges as needed. In all political subdivisions in which electronic or electromechanical voting systems are used, the county clerk and recorder or designated election official, for each five hundred mail ballots mailed or delivered, may appoint, in addition to the voter service and polling center judges appointed to staff voter service and polling centers as described in section 1-7.5-107, five counting judges, not more than three of whom shall be from any one major political party in a partisan election.^[2]

”

See law: Colorado Revised Statutes, Section 1-7.5-201. Appointment of election judges for counting mail ballots.

Colorado law included the following provision for poll watchers:

“

Any political party, candidate, proponents, or opponents of a ballot issue entitled to have watchers at voter service and polling centers each has the right to maintain one watcher in the office of the designated election official and each voter service and polling center during the period in which mail ballots may be applied for or received.^[2]

”

See law: Colorado Revised Statutes, Section 1-7.5-114. Watchers at voter service and polling centers.

Connecticut

As of November 2020, Connecticut law allowed counting ballots to begin at the discretion of local registrars of voters. State law included the following provision for counting absentee/mail-in ballots:

“

(a) Starting time designated by registrars of voters. The absentee ballot counters shall proceed to the central counting location or to the respective polling places when counting is to take place pursuant to subsection (b) of section 9-147a at the times designated by the registrars of voters.

(b) Delivery and checking of ballots. At the time each group of ballots is delivered to them pursuant to section 9-140c, the counters shall perform any checking of such ballots required by subsection (i) of said section and shall then proceed as hereinafter provided.

(c) Removal of inner envelopes. Count of total number of ballots received. Except with respect to ballots marked “Rejected” pursuant to section 9-140c or other applicable law, the counters shall remove the inner envelopes from the outer envelopes, shall note the total number of absentee ballots received and shall report such total to the moderator. They shall similarly note and separately so report the total numbers of presidential ballots and overseas ballots received pursuant to sections 9-158a to 9-158m, inclusive.^[2]

”

See law: General Statutes of Connecticut Section 9-150a

Connecticut law included the following provision for who may count absentee/mail-in ballots:

“

Sec. 9-148. Counting of absentee ballots; training of counters. The appointment of absentee ballot counters shall be made by the registrars of voters. The presiding officer for the purpose of declaring the result of the vote of the whole municipality is the moderator. Each person appointed to count absentee ballots shall participate in a training session at which the registrars of voters, absentee ballot moderator or moderator of the polling place, as the case may be, shall review and study the absentee counter's manual provided by the Secretary of the State under section 9-150a. Each elector so appointed shall be sworn to carry out faithfully the duties of his office and not to attempt to ascertain the manner in which any absentee elector has marked his absentee ballot. The registrars of voters shall ascertain the voting district in which each absentee elector is registered and shall apportion the envelopes according to voting districts among the appointed groups of electors, if there is more than one such group, in such manner that each group can conveniently count the votes apportioned to it.^[2]

”

See law: General Statutes of Connecticut Section 9-148

Connecticut law included the following provision for poll watchers:

“

(a) Each registrar may appoint one or more challengers in his town or district, one of whom may be present at the offering of any vote; and any such challenger or any elector may challenge the right of any person offering to vote, on the ground of want of identity with the person on whose name the vote is offered, or disfranchisement or lack of bona fide residence, and the moderator shall decide upon the right of the person so challenged to vote.

(b) Challenges shall not be made indiscriminately and may only be made if the challenger knows, suspects or reasonably believes such a person not to be qualified and entitled to vote. Any challenge by an elector and the statement of the person challenged shall be under oath, administered by the moderator.^[2]

”

See law: General Statutes of Connecticut Section 9-232

Delaware

Officials in Delaware began counting absentee/mail-in ballots on November 3, 2020. As of November 2020, Delaware law included the following provision for counting absentee/mail-in ballots:

“

At any time between the Friday before the day of the election and the closing of the polls on an election day, absentee election judges within each county, selected by the administrators of the Department in that county, shall count absentee ballots at the Department’s offices in the county as follows:

(1) An absentee judge shall select the ballot envelopes in order of the election districts within the county;

(2) For each ballot envelope, the absentee judges shall ascertain whether a challenge has been made pursuant to this chapter;

(3) If a challenge has been made, the BALLOT ENVELOPE shall be marked as “CHALLENGED” and shall be set aside in a secure location for consideration at a later time as provided elsewhere in this title.

(4) If no challenge has been made, the absentee judges shall:

a. Open the ballot envelopes in such a manner as not to deface or destroy the statement thereon or the absentee ballot enclosed;

b. Remove the ballots from the ballot envelopes;

c. Determine whether the ballots have been properly completed and/or whether the elector’s intent can be determined pursuant to § 4972 of this title;

d. Tally any absentee votes that were written-in, or that must be counted by hand pursuant to § 4972 of this title, on absentee vote tally sheets for the election district with whose votes the absentee votes are to be counted; and

e. Record the proper notations of such votes in the election records for the election district to which they apply.

f. A ballot that a team determines cannot be read by the tabulating equipment or which the tabulating equipment rejects, shall be duplicated as provided for in § 5510A of this title.^[2]

”

See law: 15 DE Code § 5510 (2019)

Delaware law included the following provision for who may count absentee/mail-in ballots:

“

(a) The Department shall ensure that each panel of mail judges selected to officiate the procedures set forth in this chapter represent a politically balanced cross section of the major political parties participating in the election for which absentee ballots are being counted.^[2]

”

See law: Delaware Code Title 15 Chapter 56 § 5618 Duties of Department of Elections; political balance of mail judges; security

Delaware law included the following provision for poll watchers:

“

(a) Each of the political parties, acting through their respective county committees, may appoint and accredit some suitable person as a challenger. One challenger from any political party which is represented by a candidate in that district may be present inside the polling place and shall be permitted to observe the conduct of the election and all the election records. The challengers may be changed and their places filled in like manner during the day.^[2]

”

See law: Delaware Code Title 15 Chapter 49 § 4934 Challengers; appointment and powers.

Florida

Officials in Florida began counting absentee/mail-in ballots on October 12, 2020. As of November 2020, Florida law included the following provision for counting absentee/mail-in ballots:

“

(2)(a) The county canvassing board may begin the canvassing of vote-by-mail ballots at 7 a.m. on the 22nd day before the election, but not later than noon on the day following the election. In addition, for any county using electronic tabulating equipment, the processing of vote-by-mail ballots through such tabulating equipment may begin at 7 a.m. on the 22nd day before the election. However, notwithstanding any such authorization to begin canvassing or otherwise processing vote-by-mail ballots early, no result shall be released until after the closing of the polls in that county on election day. Any supervisor, deputy supervisor, canvassing board member, election board member, or election employee who releases the results of a canvassing or processing of vote-by-mail ballots prior to the closing of the polls in that county on election day commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.^[2]

”

See law: Florida Statutes Title IX Chapter 101 Section 101.68 Canvassing of vote-by-mail ballot

Florida law included the following provision for who may count absentee/mail-in ballots:

“

(1)(a) The supervisor of elections of each county, at least 20 days prior to the holding of any election, shall appoint an election board comprised of poll workers who serve as clerks or inspectors for each precinct in the county. The clerk shall be in charge of, and responsible for, seeing that the election board carries out its duties and responsibilities. Each inspector and each clerk shall take and subscribe to an oath or affirmation, which shall be written or printed, to the effect that he or she will perform the duties of inspector or clerk of election, respectively, according to law and will endeavor to prevent all fraud, deceit, or abuse in conducting the election. The oath may be taken before an officer authorized to administer oaths or before any of the persons who are to act as inspectors, one of them to swear the others, and one of the others sworn thus, in turn, to administer the oath to the one who has not been sworn. The oaths shall be returned with the poll list and the returns of the election to the supervisor. In all questions that may arise before the members of an election board, the decision of a majority of them shall decide the question. The supervisor of elections of each county shall be responsible for the attendance and diligent performance of his or her duties by each clerk and inspector.^[2]

”

See law: Florida Statutes Title IX Chapter 102 Section 102.012 Inspectors and clerks to conduct elections

Florida law included the following provision for poll watchers:

“

Each political party and each candidate may have one watcher in each polling room or early voting area at any one time during the election. A political committee formed for the specific purpose of expressly advocating the passage or defeat of an issue on the ballot may have one watcher for each polling room or early voting area at any one time during the election. No watcher shall be permitted to come closer to the officials’ table or the voting booths than is reasonably necessary to properly perform his or her functions, but each shall be allowed within the polling room or early voting area to watch and observe the conduct of electors and officials. The poll watchers shall furnish their own materials and necessities and shall not obstruct the orderly conduct of any election. The poll watchers shall pose any questions regarding polling place procedures directly to the clerk for resolution. They may not interact with voters. Each poll watcher shall be a qualified and registered elector of the county in which he or she serves.^[2]

”

See law: Florida Statutes Title IX Chapter 101.131 Watchers at polls

Georgia

Officials in Georgia began counting absentee/mail-in ballots at 7:00am on November 3, 2020. As of November 2020, Georgia law included the following provision for counting absentee/mail-in ballots:

“

(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the day of the primary, election, or runoff open the inner envelopes in accordance with the procedures prescribed in this subsection and begin tabulating the absentee ballots. If the county election superintendent chooses to open the inner envelopes and begin tabulating such ballots prior to the close of the polls on the day of the primary, election, or runoff, the superintendent shall notify in writing, at least seven days prior to the primary, election, or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot tabulation prior to the close of the polls.^[2]

”

See law: GA Code § 21-2-386 (2019)

Georgia law included the following provision for who may count absentee/mail-in ballots:

“

(E) Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters.^[2]

”

See law: GA Code § 21-2-386 (2019)

Georgia law included the following provision for poll watchers:

“

(1) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve.^[2]

”

See law: GA Code § 21-2-408 (2019)

Hawaii

As of November 2020, Hawaii law did not specify when counting ballots could begin. State law included the following provision for counting absentee/mail-in ballots:

“

§11-152 Method of counting. For votes cast using the electronic voting system, the ballots shall be taken in the sealed ballot containers to the counting center according to the procedure and schedule adopted by the chief election officer to promote the security of the ballots. For all votes cast in an election, in the presence of official observers, counting center employees may start to count the ballots before election day, as specified in section 11-108.^[2]

”

See law: HI Rev Stat § 11-152 (2019)

Hawaii law included the following provision for who may count absentee/mail-in ballots:

“

In the presence of official observers, counting center employees may open the return identification envelopes and count the ballots; provided that any tabulation of the number of votes cast for a candidate or question appearing on the ballot, including a counting center printout or other disclosure, shall be kept confidential and shall not be disclosed to the public until after 7:00 p.m. on the date of the election or after the last person in line at a voter service center desiring to vote at 7:00 p.m. on the date of the election has voted, as provided in section 11-131, whichever is later. All handling and counting of ballots shall be conducted in accordance with procedures established by the chief election officer.^[2]

”

See law: HI Rev Stat § 11-108 (2019)

Hawaii law included the following provision for poll watchers:

“

§11-77 Appointment of watchers; service. (a) Each qualified political party shall be entitled to appoint no more than one watcher who may be present at any time at a voter service center. Each party shall submit its list of watchers no later than 4:30 p.m. on the twentieth day before any election to the clerk. All watchers shall serve without expense to the county. All watchers so appointed shall be registered voters.

(b) Each watcher shall be provided with identification from the clerk stating the watcher's name and the name of the party the watcher represents.

(c) The watcher shall call the attention of the clerk to any violations of the election laws that the watcher observes. After the clerk's attention is called to the violation, the clerk shall make an attempt to correct the violation. If the clerk fails to correct the violation, the watcher may appeal to the chief election officer.^[2]

”

See law: HI Rev Stat § 11-77 (2019)

Idaho

Officials in Idaho began counting absentee/mail-in ballots on October 27, 2020. As of November 2020, Idaho law included the following provision for counting absentee/mail-in ballots:

“

In those counties that count ballots at a central location, absentee ballots that are received may, in the discretion of the county clerk, be retained in a secure place in the clerk’s office and such ballots shall be added to the precinct returns at the time of ballot tabulation. Provided, however, for any election that takes place prior to December 31, 2020, absentee ballots may be opened and scanned beginning seven (7) days prior to election day. If the absentee ballots are opened prior to election day, the ballots shall be securely maintained in a nonproprietary electronic access-controlled room under twenty-four (24) hour nonproprietary video surveillance that is livestreamed to the public and which video must be archived for at least ninety (90) days following the election. The ballots shall be boxed and secured in the same access-controlled room each day after being opened or scanned. A minimum of two (2) election officials must be present whenever absentee ballots are accessed. No results shall be tabulated for absentee ballots until the polls close on the day of the election held prior to December 31, 2020.^[2]

”

See law: Idaho Statutes Title 34 Chapter 10 Section 34-1007

Idaho law included the following provision for who may count absentee/mail-in ballots:

“

The county clerk shall appoint two (2) or more election judges, one (1) of whom shall be designated chief judge, and the number of clerks deemed necessary by him for each polling place. In the event a single polling place is designated for two (2) or more precincts, an individual may serve simultaneously on the election board for two (2) or more precincts thus served by a single polling place. The precinct committeemen shall recommend persons for the position in their respective precincts to the county clerk in writing by the fifth Friday prior to the primary election and the county clerk shall appoint the judges from such lists if the persons recommended are qualified.

(2) The chief election judge shall be responsible for the conduct of the proceedings in the polling place. Compensation for all election personnel shall be determined by the board of county commissioners at no less than the minimum wage as prescribed by the laws of the state of Idaho.^[2]

”

See law: Idaho Statutes Title 34 Chapter 3 Section 34-303

Idaho law included the following provision for poll watchers:

“

The county clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the day of election, direct that the election judges permit one (1) person authorized by each political party, if the election is a partisan election, to be at the polling place for the purpose of challenging voters, and shall, if requested, permit any one (1) person authorized by a candidate, several candidates or political party, to be present to serve as a watcher to observe the conduct of the election. Such authorization shall be evidenced by a writing signed by the county chairman and secretary of the political party, if the election is a partisan election, or by the candidate or candidates, and filed with the county clerk.^[2]

”

See law: Idaho Statutes Title 34 Chapter 3 Section 34-304

Illinois

Officials in Illinois began counting absentee/mail-in ballots at 7:00pm on November 3, 2020. As of November 2020, Illinois law included the following provision for counting absentee/mail-in ballots:

“

(f) Counting required under this Section to begin on election day after the closing of the polls shall commence no later than 8:00 p.m. and shall be conducted by a panel or panels of election judges appointed in the manner provided by law. The counting shall continue until all vote by mail voters' ballots and special write-in vote by mail voter's blank ballots required to be counted on election day have been counted.^[2]

”

See law: 10 ILCS 5/19-8

Illinois law included the following provision for who may count absentee/mail-in ballots:

“

(f) Counting required under this Section to begin on election day after the closing of the polls shall commence no later than 8:00 p.m. and shall be conducted by a panel or panels of election judges appointed in the manner provided by law. The counting shall continue until all vote by mail voters' ballots and special write-in vote by mail voter's blank ballots required to be counted on election day have been counted.^[2]

”

See law: 10 ILCS 5/19-8

Illinois law included the following provision for poll watchers:

“

Pollwatchers may be appointed to observe early voting procedures and view all reasonably requested records relating to the conduct of the election, provided the secrecy of the ballot is not impinged, at the office of the election authority as well as at municipal, township or road district clerks' offices where such early voting is conducted. Such pollwatchers shall qualify and be appointed in the same manner as provided in Sections 7-34 and 17-23, except each candidate, political party or organization of citizens may appoint only one pollwatcher for each location where early voting is conducted. Pollwatchers must be registered to vote in Illinois and possess valid pollwatcher credentials.

Where certain vote by mail voters' ballots are counted on the day of the election in the office of the election authority as provided in Section 19-8 of this Act, each political party, candidate and qualified civic organization shall be entitled to have present one pollwatcher for each panel of election judges therein assigned. Such pollwatchers shall be subject to the same provisions as are provided for pollwatchers in Sections 7-34 and 17-23 of this Code, and shall be permitted to observe the election judges making the signature comparison between that which is on the ballot envelope and that which is on the permanent voter registration record card taken from the master file.^[2]

”

See law: XLA10 ILCS 5/19-10WX

Indiana

Officials in Indiana began counting absentee/mail-in ballots no later than Noon on November 3, 2020. As of November 2020, Indiana law included the following provision for counting absentee/mail-in ballots:

“

Immediately after the electronic poll books used at each polling place or vote center have been updated to indicate that the county received, not later than noon on election day, an absentee ballot from a voter, the absentee ballot counters shall, in a central counting location designated by the county election board, count the absentee ballot votes cast for each candidate for each office and on each public question in the precinct.^[2]

”

See law: IN Code § 3-11.5-4-11 (2019)

Indiana law included the following provision for who may count absentee/mail-in ballots:

“

County election board appointments for absentee vote processing; eligibility; service by candidate or candidate's relative

Sec. 22. (a) Except as provided in subsection (b), each county election board shall appoint:

(1) absentee voter boards;

(2) teams of absentee ballot counters; and

(3) teams of couriers;

consisting of two (2) voters of the county, one (1) from each of the two (2) political parties that have appointed members on the county election board.^[2]

”

See law: IN Code § 3-11.5-4-22 (2019)

Indiana law included the following provision for poll watchers:

“

Sec. 1. (a) The state chairman and county chairman of each bona fide political party or an independent candidate for a federal or a state office are entitled to appoint watchers at each precinct in which the political party or independent candidate is on the ballot.^[2]

”

See law: IN Code § 3-6-8-1 (2019)

Iowa

Officials in Iowa began counting absentee/mail-in ballots on November 3, 2020. As of November 2020, Iowa law included the following provision for counting absentee/mail-in ballots:

“

52.33 Absentee voting by optical scan voting system.

1. In any county in which the board of supervisors has adopted voting by means of an optical scan voting system, the commissioner shall also conduct absentee voting by use of such a system. In any other county, the commissioner may with approval of the board of supervisors conduct absentee voting by use of an optical scan voting system. All provisions of chapter 53 shall apply to such absentee voting, so far as applicable. In counties where absentee voting is conducted by use of an optical scan voting system, the special precinct counting board shall, at the time required by chapter 53, prepare absentee ballots for tabulation in the manner prescribed by this chapter.

2. The absentee and special precinct board shall follow the process prescribed in section 52.37, subsection 1, in handling damaged or defective ballots and in counting write-in votes on optical scan ballots.^[2]

”

See law: IA Code § 52.33 (2019)

Iowa law included the following provision for who may count absentee/mail-in ballots:

“

At every election conducted under chapter 49, except the primary election provided for by chapter 43, and at every other election unless the law authorizing the election otherwise requires, the vote shall be canvassed at each polling place by the election board in the manner prescribed by this chapter. When the poll is closed, the precinct election officials shall forthwith, and without adjournment:

1. Publicly canvass the vote, and credit each candidate with the number of votes counted for the candidate.

2. Ascertain the result of the vote.

3. Prepare in writing a list of any apparently or possibly erroneous information appearing in the precinct election register.

4. Designate two election board members, not members of the same political party, who shall each separately keep a tally list of the count.^[2]

”

See law: IA Code § 50.1A (2019)

Iowa law included the following provision for poll watchers:

“

The following persons shall be permitted to be present at and in the immediate vicinity of the polling places, provided they do not solicit votes:

1. Any person who is by law authorized to perform or is charged with the performance of official duties at the election.

2. Any number of persons, not exceeding three at a time from each political party having candidates to be voted for at such election, to act as challenging committees, who are appointed and accredited by the executive or central committee of such political party or organization.

3. Any number of persons not exceeding three at a time from each of such political parties, appointed and accredited in the same manner as prescribed in subsection 2 for challenging committees, and any number of persons not exceeding three at a time appointed as observers under subsection 5, to witness the counting of ballots.

4. Any peace officer assigned or called upon to keep order or maintain compliance with the provisions of this chapter, upon request of the commissioner or of the chairperson of the precinct election board.

5. One observer at a time representing any nonparty political organization, any candidate nominated by petition pursuant to chapter 45, or any other nonpartisan candidate in a city or school election, appearing on the ballot of the election in progress. Candidates who send observers to the polls shall provide each observer with a letter of appointment in the form prescribed by the state commissioner. ^[2]

”

See law: IA Code § 49.104 (2019)

Kansas

As of November 2020, Kansas law allowed officials to begin counting ballots prior to election day. State law included the following provision for counting absentee/mail-in ballots:

“

Advance voting; canvass of ballots; procedure by board; 25 ballots to remain uncounted. The special election boards established under K.S.A. 25-1133, and amendments thereto, shall canvass advance voting ballots as is provided by law for the original canvass of ballots at voting places, except as is otherwise provided in this section and K.S.A. 25-1136, and amendments thereto. The supervising judge of the special election board shall announce in a clear and distinct voice the names of the advance voting voters whose ballots have been received, and thereupon, the clerk of the election board shall check the names of such voters upon the advance voting voter list prescribed by K.S.A. 25-1126, and amendments thereto. If a ballot has been received from a voter whose name is not on such list, the name shall be entered on the advance voting poll book. One of the judges shall open each ballot envelope without defacing the form printed thereon and without mutilating the enclosed ballot or ballots. Such ballots shall then be disposed of as if the advance voting voters were present. One of the judges shall clip the numbers from the ballots and deposit them in the proper ballot boxes without unfolding them. Until the closing of the polls, at least 25 ballots shall remain uncounted in each ballot box.^[2]

”

See law: Kansas Statutes 25-1135

Kansas law included the following provision for who may count absentee/mail-in ballots:

“

Special election board; appointment; duties. The county election officer shall appoint a special election board pursuant to the requirements of K.S.A. 25-2801 to be composed of at least three (3) members. In addition to the duties of the board required by K.S.A. 25-1326, the supervising judge of such board shall open every machine each morning and close and seal every machine each evening.^[2]

”

See law: Kansas Statutes 25-1122b

Kansas law included the following provision for poll watchers:

“

The number of authorized poll agents in each voting place at any one time appointed by any of the following shall be limited to the number indicated:

(1) State and county chairpersons, one;

(2) candidates, not to exceed one each;

(3) precinct committeemen and committeewomen, one each;

(4) the chairperson of each committee or organization concerned with any election on a question submitted, one each;

(5) write-in candidates who have filed an affidavit or write-in pursuant to K.S.A. 25-305, and amendments thereto, one each.^[2]

”

See law: Kansas Statutes 25-3005a

Kentucky

Officials in Kentucky began counting absentee/mail-in ballots at 8:00am on November 3, 2020. As of November 2020, Kentucky law included the following provision for counting absentee/mail-in ballots:

“

(3) Beginning at 8 a.m. on election day, the board shall meet at the clerk's office to count the absentee ballots returned by mail and the ballots cast on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections. Candidates or their representatives shall be permitted to be present. The county board of elections shall authorize representatives of the news media to observe the counting of the ballots. The board shall open the boxes containing absentee ballots returned by mail and remove the envelopes one (1) at a time. As each envelope is removed, it shall be examined to ascertain whether the outer envelope and the detachable flap are in proper order and have been signed by the voter. A person having power of attorney for the voter and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form required by KRS 117.255 . The signatures of two (2) witnesses are required if the voter signs the form with the use of a mark instead of the voter's signature. ^[2]

”

See law: Kentucky Revised Statutes Title X. Elections § 117.315

Kentucky law included the following provision for who may count absentee/mail-in ballots:

“

(2) The county board of elections shall count the absentee ballots returned by mail and the votes cast on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections. The board may appoint a central ballot counting board of not less than three (3) members, who shall be qualified voters and no more than two-thirds ( 2/3 ) of whom shall be members of the same political party, to count the ballots at the direction of the county board of elections.^[2]

”

See law: Kentucky Revised Statutes Title X. Elections § 117.087.

Kentucky law included the following provision for poll watchers:

“

(1) Each political party is entitled to have not exceeding two (2) challengers at each precinct during the holding of the primary election. Any group of bona fide candidates, as defined in KRS 118.176 , of the same political party equal to twenty-five percent (25%) of all the candidates for that party to be voted for in a county in any primary, including state, district, and all other candidates, may recommend to the county committee or governing authority of the party for the county a list of persons whom they desire to have appointed as challengers in each precinct in the county.^[2]

”

See law: Kentucky Revised Statutes Title X. Elections § 117.315

Louisiana

Officials in Louisiana began counting absentee/mail-in ballots no later than 8:00pm on November 3, 2020. As of November 2020, Louisiana law included the following provision for counting absentee/mail-in ballots:

“

C.(1) Absentee by mail and early voting ballots shall be counted at a public facility within the parish designated by the registrar of voters at a time fixed by the parish board of election supervisors, which time shall be on election day no later than 8:00 p.m."" ""G. The procedure for the preparation and verification process for the tabulation and counting of absentee by mail ballots and early voting paper ballots on the day before the election shall be as follows:

(1)(a) A member of the board shall remove the certificates, early voting verification forms, early voting machine public counter logs, early voting confirmation sheets, absentee by mail ballots, early voting paper ballots, and envelopes containing the absentee by mail ballots and early voting paper ballots from the special absentee by mail and early voting ballot envelope or container.

(b) The board shall review the early voting verification forms and early voting machine public counter logs and, if found to be acceptable to the board, sign each early voting verification form. If the board does not find an early voting verification form to be acceptable, it may review any early voting confirmation sheet and shall document its correction to the early voting verification form and then sign it.

(2) The board shall announce the name of each absentee by mail voter, each voter who voted a paper ballot during early voting and the ward and precinct where he is registered to vote, and shall compare the name on the certificate or on the flap of the envelope containing the absentee by mail ballot or early voting paper ballot with the names on the absentee by mail voter report or early voter report, as applicable.

(3) The board shall separate any ballots that are challenged in accordance with R.S. 18:1315(A) or (B) from the ballots that are not challenged.

(4)(a) If an absentee by mail ballot has not been challenged and is determined by the board to be 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.

(b) If an early voting paper ballot has not been challenged and is determined by the board to be valid, a member of the board shall write the words ""voted early"" and his initials on the early voter report beside the name of the voter as it appears on the report. A member of the board shall tear the flap from the envelope containing the paper ballot voted during early voting and leave the envelope sealed.

(5) If an absentee by mail ballot or early voting paper ballot has been challenged, the members shall leave the flap on the envelope, if applicable, containing the absentee by mail ballot or early voting paper ballot and leave the envelope sealed.

(6) A member of the board shall place the absentee by mail ballots and early voting paper ballots that have been challenged and the ballots that have not been challenged in the special absentee by mail envelope or container provided for that purpose and seal the envelope or container. Two members of the board shall execute the first certificate on the envelope or container and date the certificate the day before the election.

(7) The members of the board shall place the certificates of the absentee by mail ballots and early voting paper ballots that have not been challenged and the flaps removed from those ballots in the envelope or container provided for that purpose and seal the envelope or container. Two of the members shall execute the first certificate on the envelope and date the certificate the day before the election.

(8) Absentee by mail ballots that are received by the registrar of voters after the preparation and verification process is completed but before the deadline to return absentee by mail ballots shall be prepared, verified, counted, and tabulated on election day.^[2]

”

See law: Louisiana Revised Statutes 18:1313

Louisiana law included the following provision for who may count absentee/mail-in ballots:

“

B. The parish board of election supervisors shall be responsible for the preparation, verification, counting, and tabulation of all absentee by mail and early voting ballots in the parish. The board may utilize parish board commissioners to count the absentee by mail and early voting ballots in the parish. If the board determines that parish board commissioners are necessary to prepare, verify, count and tabulate the absentee by mail and early voting ballots, it shall select parish board commissioners in accordance with the provisions of R.S. 18:1314. If a majority of the members of the board are not present to count the absentee by mail and early voting ballots and no parish board commissioners were previously selected, the members present may select a sufficient number of parish board commissioners on election day to assist in the counting of absentee by mail and early voting ballots.^[2]

”

See law: Louisiana Revised Statutes 18:1313

Louisiana law included the following provision for poll watchers:

“

A. Qualifications. A qualified voter of the state of Louisiana who is not entitled to assistance in voting and is not a candidate in the election may serve as a watcher; however, a watcher who is not a resident of the parish where he serves may not serve as a commissioner.

B. Powers and duties. A watcher shall be admitted within all parts of the polling place during the election day and the printing of results from the voting machines, and shall call any infraction of the law to the attention of the commissioners. A watcher may keep notes on the conduct of the election, but he shall not take part in the printing of results from the voting machines. A watcher shall not electioneer, engage in political discussions, or unnecessarily delay a voter at the polling place. A watcher shall be subject to the authority of the commissioners and shall not interfere with the commissioners in the performance of their duties.

C. Number of watchers inside a polling place. If the number of watchers inside a polling place is so great as to interfere with the orderly conduct of the election, the commissioners shall regulate the number of watchers inside the polling place for each precinct so that the election may be conducted in an orderly manner. The watchers shall draw lots under the supervision of the commissioners to determine which watchers shall be the first to wait outside the polling place, but the amount of time each watcher spends inside the polling place shall, as nearly as practicable, be equal.^[2]

”

See law: Louisiana Revised Statutes 18:427

Maine

Officials in Maine began counting absentee/mail-in ballots at 8:00pm on November 3, 2020. As of November 2020, Maine law included the following provision for counting absentee/mail-in ballots:

“

6. Ballots counted. As soon as the absentee ballots are processed, they are counted the same as regular ballots.^[2]

”

See law: 21-A ME Rev Stat §759. Counting procedure

Maine law included the following provision for who may count absentee/mail-in ballots:

“

The election clerks shall count the ballots under the supervision of the warden as soon as the polls are closed, except that if, in the opinion of the municipal clerk the public interests will best be served, referendum ballots may be counted on the day immediately following the election, as long as the count is completed within 24 hours after the polls are closed. If referendum ballots are counted under this exception, the municipal clerk is responsible for the security and safekeeping of the ballots until the count has been completed.^[2]

”

See law: 21-A ME Rev Stat §695. Counting of ballots

Maine law included the following provision for poll watchers:

“

4. Minimum size of polling place; complaint to Secretary of State. Municipalities must provide a polling place large enough to allow at least one worker from each political party to remain outside the guardrail enclosure as a pollwatcher. If the municipality uses an incoming voting list for a polling place that is divided into separate segments by voting district or by the alphabetic listing of voters' names, then the municipality must allow at least one worker from each political party to remain outside the guardrail enclosure as a pollwatcher at each separate segment of the voting list.^[2]

”

See law: 21-A ME Rev Stat §627. Arrangement of voting place

Maryland

Officials in Maryland began counting absentee/mail-in ballots on October 1, 2020. As of November 2020, Maryland law included the following provision for counting absentee/mail-in ballots:

“

(a) Following an election, each local board shall meet at its designated counting center to canvass the absentee ballots cast in that election in accordance with the regulations and guidelines established by the State Board.

(b) (1) A local board may not open any envelope of an absentee ballot prior to 8 a.m. on the Wednesday following election day.^[2]

”

See law: MD Elec Law Code § 11-302 (2019)

Maryland law included the following provision for who may count absentee/mail-in ballots:

“

(2) Each local board and its staff is subject to the direction and authority of the State Board and is accountable to the State Board for its actions in all matters regarding the implementation of the requirements of this article and any applicable federal law.

(b) (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, each local board consists of five regular members.

(ii) Three regular members shall be of the majority party, and two regular members shall be of the principal minority party.

(2) (i) In Prince George’s County, the local board consists of five regular members and three substitute members.

(ii) Four regular members and two substitute members shall be of the majority party, and one regular member and one substitute member shall be of the principal minority party.

(3) (i) In Montgomery County, the local board consists of five regular members and two substitute members.

(ii) Three regular members and one substitute member shall be of the majority party, and two regular members and one substitute member shall be of the principal minority party.^[2]

”

See law: MD Elec Law Code § 2-201 (2019)

Maryland law included the following provision for poll watchers:

“

(a) (1) The following persons or entities have the right to designate a registered voter as a challenger or a watcher at each place of registration and election:

(i) the State Board for any polling place in the State;

(ii) a local board for any polling place located in the county of the local board;

(iii) a candidate;

(iv) a political party; and

(v) any other group of voters supporting or opposing a candidate, principle, or proposition on the ballot.

(2) A person who appoints a challenger or watcher may remove the challenger or watcher at any time.

(b) Except as provided in § 10-303(d)(2) of this subtitle and subsection (d) of this section, a challenger or watcher has the right to:

(1) enter the polling place one-half hour before the polls open;

(2) enter or be present at the polling place at any time when the polls are open;

(3) remain in the polling place until the completion of all tasks associated with the close of the polls under § 10-314 of this subtitle and the election judges leave the polling place;

(4) maintain a list of registered voters who have voted, or individuals who have cast provisional ballots, and take the list outside of the polling place; and

(5) enter and leave a polling place for the purpose of taking outside of the polling place information that identifies registered voters who have cast ballots or individuals who have cast provisional ballots.^[2]

”

See law: MD Elec Law Code § 10-311 (2019)

Massachusetts

Officials in Massachusetts began counting absentee/mail-in ballots no later than 9:00pm on November 3, 2020. As of November 2020, Massachusetts law included the following provision for counting absentee/mail-in ballots:

“

Section 95. The city or town clerk, on the day of the election, but no later than one hour after the hour for the closing of the polls, shall transmit all envelopes purporting to contain official absent voting ballots received on or before the close of business on the day preceding the day of the election and which have not been marked Rejected as Defective, as provided in section ninety-four or Rejected as Voted in Person, as provided in section one hundred, to the election officers in the several precincts where the voters whose names appear on such envelopes assert the right to vote. The warden or his deputy shall forthwith, after receipt of any such envelopes, distinctly announce the name and residence of each such voter and check his name on the voting lists referred to in section sixty of chapter fifty-one, or on his certificate of supplementary registration attached to such lists, as provided in section fifty-one of chapter fifty-one, or on the copy of the lists of specially qualified voters, disposition list required by section ninety-one A, as the case may be, if it has not already been so checked. He shall open the envelopes in which the ballot is enclosed in such a manner as not to destroy the affidavit thereon, take the ballot therefrom without opening it or permitting it to be examined and deposit it in the ballot box. All envelopes referred to in this section shall be retained with the ballots cast at the election and shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots.^[2]

”

See law: Mass. Gen. Laws Chapter 54 Section 95

Massachusetts law included the following provision for who may count absentee/mail-in ballots:

“

if the state ballot box is used, the clerk shall, as soon as the polls are closed, record the total number of ballots received at the polling place, the ballot box register, and the total number of spoiled ballots. The election officers shall then publicly and in the presence of the other election officers, audibly and distinctly count and announce the number of names checked on each voting list used at the election, shall publicly announce the number so counted and thereafter the clerk shall record the same. The ballot box shall be opened by the presiding officer and the ballots taken therefrom and audibly counted in public view, one by one, and the whole number of ballots cast shall be publicly announced by him. The ballots may be divided into convenient packages, and each block or package shall be canvassed and counted by two election officers representing the two leading political parties, detailed by the presiding officer. The result of the canvass and count shall be reported to the presiding officer, who shall cause it to be correctly recorded on the blank forms provided therefor. Immediately thereafter, the election officers shall proceed to count audibly all unused ballots, and the total number of unused ballots shall be publicly announced by the presiding officer who shall cause this information to be correctly recorded on blank forms provided therefor.^[2]

”

See law: Mass. Gen. Laws Chapter 54 Section 105

Massachusetts law included the following provision for poll watchers:

“

Section 85A. The state committee of a political party may appoint a person to act as a challenger of voters at any polling place in the commonwealth at a state election, and a city or town committee of such a party, in a city or town in which municipal officers are nominated by primaries or by caucuses of political parties, may appoint a person to act as such challenger at any polling place in such city or town at a municipal election. Such challenger may challenge any voter during the hours that said polling place is open for the purpose of voting; and a statement signed by the chairman of the committee appointing him shall be sufficient evidence of his right so to act. He may be compensated for his services by the political party whose committee appointed him. He shall be assigned by the election officer presiding at the polling place to such position within the polling place as will enable him to see and hear each voter as he offers to vote. Nothing herein contained shall deprive any other person of the right to challenge a voter as provided by law.^[2]

”

See law: Mass. Gen. Laws Chapter 54 Section 85A

Michigan

Officials in Michigan began counting absentee/mail-in ballots on November 3, 2020. As of November 2020, Michigan law included the following provision for counting absentee/mail-in ballots:

“

(1) Absentee votes may be cast on paper ballots or ballot cards or both. Absent voter ballots may be counted in the various voting precincts or may be counted by absent voter counting boards. Absentee votes cast on paper ballots may be recorded by election inspectors on ballot cards for counting by tabulating equipment.

(2) In an election held under this act, absent voters' ballots may be voted and processed in the manner provided by this chapter. (3) If electronic tabulating equipment rejects an absent voter ballot due to programming required under section 795, the rejected ballot shall be inspected to confirm the presence of the error before the ballot is processed. A vote for each elective office or ballot question in which an error is confirmed shall not be counted.^[2]

”

See law: Mich. Comp. Laws Section 168.798c

Michigan law included the following provision for who may count absentee/mail-in ballots:

“

(1) Notwithstanding any provision of law to the contrary and subject to subsections (2) and (12), not less than 75 days before the day of an election, the clerk of a city or township may do any of the following:

(a) Enter into an agreement with the clerk of another city or township, or with the clerks of more than 1 city or township, located in the same county as that city or township to establish a combined absent voter counting board to count the absent voter ballots for each participating city or township. (b) Enter into an agreement with the clerk of another city or township located in the same county that authorizes the clerk of 1 participating city or township to process and count the absent voter ballots for both participating entities by utilizing the absent voter counting board of that participating city or township. (c) Enter into an agreement with the clerk of the county in which that city or township is located to establish an absent voter counting board to count the absent voter ballots for that city or township. If a city or township has boundaries located in more than 1 county, the clerk of the city or township shall only enter into an agreement under this subdivision with the county clerk of the county in which the majority of the electors of the city or township reside.^[2]

”

See law: Mich. Comp. Laws Section 168.764d

Michigan law included the following provision for poll watchers:

“

(1) At an election, a political party or an incorporated organization or organized committee of citizens interested in the adoption or defeat of a ballot question being voted for or upon at the election, or interested in preserving the purity of elections and in guarding against the abuse of the elective franchise, may designate challengers as provided in this act. Except as otherwise provided in this act, a political party, incorporated organization, or organized committee of interested citizens may designate not more than 2 challengers to serve in a precinct at any 1 time. A political party, incorporated organization, or organized committee of interested citizens may designate not more than 1 challenger to serve at each counting board.^[2]

”

See law: Mich. Comp. Laws Section 168.730

Minnesota

Officials in Minnesota began counting absentee/mail-in ballots at 8:00pm on November 3, 2020. As of November 2020, Minnesota law included the following provision for counting absentee/mail-in ballots:

“

(b) After the polls have closed on election day, two members of the ballot board must count the ballots, tabulating the vote in a manner that indicates each vote of the voter and the total votes cast for each candidate or question. In state primary and state general elections, the results must indicate the total votes cast for each candidate or question in each precinct and report the vote totals tabulated for each precinct. The count must be recorded on a summary statement in substantially the same format as provided in section 204C.26. The ballot board shall submit at least one completed summary statement to the county auditor or municipal clerk. The county auditor or municipal clerk may require the ballot board to submit a sufficient number of completed summary statements to comply with the provisions of section 204C.27, or the county auditor or municipal clerk may certify reports containing the details of the ballot board summary statement to the recipients of the summary statements designated in section 204C.27.^[2]

”

See law: Minnesota Statutes 203B.121 Subdivision 5

Minnesota law included the following provision for who may count absentee/mail-in ballots:

“

(b) After the polls have closed on election day, two members of the ballot board must count the ballots, tabulating the vote in a manner that indicates each vote of the voter and the total votes cast for each candidate or question. In state primary and state general elections, the results must indicate the total votes cast for each candidate or question in each precinct and report the vote totals tabulated for each precinct. The count must be recorded on a summary statement in substantially the same format as provided in section 204C.26. The ballot board shall submit at least one completed summary statement to the county auditor or municipal clerk. The county auditor or municipal clerk may require the ballot board to submit a sufficient number of completed summary statements to comply with the provisions of section 204C.27, or the county auditor or municipal clerk may certify reports containing the details of the ballot board summary statement to the recipients of the summary statements designated in section 204C.27.^[2]

”

See law: Minnesota Statutes 203B.121 Subdivision 5

Minnesota law included the following provision for poll watchers:

“

Subdivision 1.Partisan elections.

At an election to fill partisan offices, the chair of an authorized committee of each major political party may appoint by written certificate voters from that political party to act as challengers of voters at the polling place for each precinct. Only one challenger from each major political party for each precinct shall be allowed to remain in the polling place at one time.^[2]

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See law: Minnesota Statutes 204C.07 Subdivision 1

Mississippi

Officials in Mississippi began counting absentee/mail-in ballots at 7:00pm on November 3, 2020. As of November 2020, Mississippi law included the following provision for counting absentee/mail-in ballots: