Processing, counting, and challenging absentee/mail-in ballots in the states, 2022

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This article describes the rules in all 50 states for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2022 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

For additional information about absentee/mail-in voting, see this article.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2022

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

Processing and counting dates for November 8, 2022, general election
State	When processing can begin	When counting can begin
Alabama	7 a.m. on Election Day.	After the polls close on Election Day.
Alaska	Seven days before Election Day.	8 p.m. on Election Day.
Arizona	Upon receipt.	Tallying can begin immediately after processing, but results may not be released before all precincts have reported or one hour after the close of polls on Election Day. Releasing information earlier is a felony.
Arkansas	Seven days before Election Day.	8:30 a.m. on Election Day, but results are not reported until after the polls close on Election Day.
California	Twenty-nine days before Election Day.	A vote count can be accessed or released at 8 p.m. on Election Day.
Colorado	Upon receipt.	Fifteen days before Election Day, but the count cannot be released until after 7 p.m. on Election Day.
Connecticut	At the discretion of the local registrar of voters.	At the discretion of the local registrar of voters.
Delaware	Friday before Election Day.	Friday before Election Day, but the count cannot be extracted or reported until polls close on Election Day.
District of Columbia	Signatures can be verified and the secrecy envelope removed prior to tabulation. Exact timing not specified.	After the polls close on Election Day.
Florida	Upon receipt.	Upon the completion of the public testing of automatic tabulating equipment (which begins not more than 25 days before early voting commences). Releasing the results early is a felony.
Georgia	Signature verification conducted upon receipt, and further processing can begin at 8 a.m. on the third Monday before Election Day.	7 a.m. on Election Day.
Hawaii	Signature verification conducted upon receipt, and further processing can begin eighteen days before Election Day.	Eighteen days before Election Day, but results cannot be disclosed until after the polls close on Election Day.
Idaho	Signature verification conducted upon receipt. Ballots are not opened until they are delivered to the polls or central location for counting.	After the polls close on Election Day.
Illinois	Signature verification must begin within two days of receipt.	After the polls close on Election Day.
Indiana	Upon receipt.	Depending upon the county, 6 a.m. on Election Day or immediately after the electronic poll books used at each polling place or vote center have been updated to indicate the county received the absentee ballot.
Iowa	The day before Election Day if directed by the commissioner to do so.	On Election Day, at a time set by the election commissioner to allow a reasonable amount of time to complete the count of absentee ballots by 10 p.m. on Election Day. The commissioner may also choose to convene the board the day before the election.
Kansas	Prior to Election Day. Exact timing not specified.	Ballots may be counted prior to Election Day, but final tabulation shall not be completed until Election Day.
Kentucky	May begin 14 days before Election Day and must start by 8 a.m. on Election Day.	Counting begins after all absentee ballots have been processed.
Louisiana	Parishes with more than 1,000 absentee ballots may begin three days before Election Day with written approval of the secretary of state, or one day before Election Day without. Parishes with fewer than 1,000 absentee ballots may begin prior to the close of polls on Election Day.	Counting may begin before the polls close on Election Day, but no later than 8 p.m. on Election Day.
Maine	Seven days before Election Day if notice of processing times is posted at least 30 days before the election.	After the polls close on Election Day.
Maryland	October 1, 2022	October 1, 2022
Massachusetts	Upon receipt.	On Election Day and no later than an hour after the polls close.
Michigan	Two days before election day.	At 7 a.m. on Election Day. Anyone with access to absentee ballot counting must sign an oath that information related to processing and tallying will not be communicated in any way until after the polls close.
Minnesota	Verification upon receipt. After the close of business on the seventh day before the election, verified ballots can be opened and deposited in a ballot box.	After the polls close on Election Day.
Mississippi	On Election Day when polls open.	After the polls close on Election Day.
Missouri	Five days before Election Day.	On Election Day.
Montana	Signature verification conducted upon receipt. Three business days before Election Day, election officials may open the secrecy envelope and place the ballot in a secured ballot box until tabulation occurs.	One day before Election Day, if using a vote-counting machine. Tabulation using a manual count may not begin until Election Day. Access to an electronic system containing early tabulation results is limited to the election administrator and the election administrator’s designee.
Nebraska	Verification can begin the second Friday before Election Day. If approved, the envelope can be opened, the ballot unfolded and flattened and placed in a sealed container.	Twenty-four hours before the opening of the polls. No results shall be released until after polls close on Election Day.
Nevada	Signature verification conducted upon receipt.	Fifteen days before Election Day, and counting must be completed by the seventh day after the election. Results may not be reported until the close of the polls.
New Hampshire	At 1 p.m. on Election Day, unless a different time, no earlier than two hours after the opening of the polls, is posted and announced.	After the polls close on Election Day.
New Jersey	Signature verification conducted upon receipt. The inner envelopes cannot be opened until Election Day.	On Election Day.
New Mexico	Any time after mailed ballots have been sent until the fifth day before the election, the county clerk may convene an election board to verify returned mail ballots. If more than 10,000 absentee ballots are sent, they may be opened and inserted into an electronic voting machine two weeks before Election Day. If fewer than 10,000 absentee ballots are sent, they may be opened and inserted into an electronic voting machine five days before the election.	Absentee ballots are inserted into vote-counting machines before Election Day, but votes are not counted until after the polls close. It is unlawful for a person to disclose the results of a count prior to the close of the polls or the deadline for receiving mailed ballots.
New York	Verification within four days of receipt. Ballots are placed in counting machines and scanned the day before the first day of early voting.	One hour before the polls close on Election Day, but results cannot be released until the close of polls on Election Day.
North Carolina	At county board of elections meetings, beginning the fifth Tuesday before Election Day. Counties using optical scan devices may remove ballots from their envelopes and place them in tabulators.	5 p.m. on Election Day, unless a resolution is adopted at least two weeks before the election to allow counting for all absentee ballots to begin at 2 p.m. on Election Day. Results shall not be announced before 7:30 p.m. on Election Day.
North Dakota	Three business days before Election Day.	After the polls close on Election Day.
Ohio	Processing, including using automatic tabulating equipment to scan ballots, may begin before the time for counting ballots at a time determined by the board of elections. Exact timing not specified.	Exact timing not specified, but the count may not be disclosed prior to the close of the polls.
Oklahoma	10 a.m. on the Thursday before Election Day, or earlier with approval by the secretary of the state election board.	On Election Day or prior to Election Day with approval by the secretary of the state election board. When counting occurs before Election Day, the county election board shall remove the election results storage media from the voting device, without obtaining a printout of results, and seal ballots counted that day in a transfer case secured by the sheriff until the time the board next meets to count. Results cannot be reported earlier than 7 p.m. on Election Day.
Oregon	Upon receipt.	Results may not be made public until after 8 p.m. on Election Day.
Pennsylvania	7 a.m. on Election Day.	At 7 a.m. on Election Day, but the votes may not be recorded or published until after the polls close.
Rhode Island	Fourteen days before Election Day.	8 p.m. on Election Day.
South Carolina	9 a.m. on Election Day.	9 a.m. on Election Day. Results may not be reported until after the polls close.
South Dakota	On Election Day prior to the close of the polls.	After the polls close on Election Day.
Tennessee	Signature verification conducted upon receipt.	On Election Day after the polls open and no later than four hours before closing for general elections, or two hours before closing for all other elections.
Texas	No more than 20 days before Election Day.	When the polls open on Election Day. In a jurisdiction with more than 100,000 people, counting can begin at the end of the early in-person voting period.
Utah	Processing may begin before Election Day. Exact timing not specified.	Counting may begin before Election Day. Exact timing not specified. Results may not be reported until after the polls close on Election Day.
Vermont	Ballots may be deposited into the vote tabulator 30 days before Election Day, if the board of civil authority votes to do so.	At the close of polls on Election Day.
Virginia	Upon receipt.	At the close of polls on Election Day, but ballots may be inserted into ballot-counting machines prior to the closing of the polls. If absentee ballots are counted by hand, tallying may begin after noon on Election Day. Vote counts may not be reported until after the polls close.
Washington	Upon receipt.	8 p.m. on Election Day. No person may divulge any results of the count prior to 8 p.m. on Election Day. A violation is a misdemeanor.
West Virginia	Absentee ballots are delivered to precincts on Election Day.	On Election Day. Results may not be disclosed until the polls close and precinct returns are posted on the door of polling places; to do so is a violation of the oath taken by the counting board.
Wisconsin	After the polls open on Election Day.	After the polls open on Election Day.
Wyoming	The Thursday or Friday preceding Election Day.	On Election Day.

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

Alabama

As of November 2022, Alabama law did not have a provision for challenging ballots.

Alaska

As of November 2022, Alaska law included the following provision for challenging ballots:

“

(c) Any person present at the district absentee ballot counting review may challenge the name of an absentee voter when read from the voter's certificate on the envelope if the person has good reason to suspect that the challenged voter is not qualified to vote, is disqualified, or has voted at the same election. The person making the challenge shall specify the basis of the challenge in writing. The district absentee ballot counting board by majority vote may refuse to accept and count the absentee ballot of a person properly challenged on grounds listed in (b) of this section. (d) The election supervisor shall place all rejected absentee ballots in a separate envelope with the statements of challenge. The envelope shall be labeled “rejected absentee ballots” and shall be forwarded to the director with the election certificates and other returns.

”

See law: Alaska Statutes, Sec. 15.20.203. Procedure for district absentee ballot counting review.

As of November 2022, Alaska law included the following provision for handling challenged ballots:

“

(h) The director shall prepare and mail to each absentee voter whose absentee ballot was rejected under this section a summary of the reason that the challenge to the absentee ballot was upheld and the absentee ballot was rejected. (i) The director shall mail the materials described in (h) of this section to the voter not later than (1) 10 days after completion of the review of ballots by the state review board for a primary election, or for a special election under AS 15.40.140 that is followed by a special runoff election; (2) 60 days after certification of the results of a general election, special runoff election, or special election other than a special election described in (1) of this subsection. (j) The director shall make available through a free access system to each absentee voter a system to check to see whether the voter's ballot was counted and, if not counted, the reason why the ballot was not counted. The director shall make this information available through the free access system not less than (1) 10 days after certification of the results of a primary election, or a special election under AS 15.40.140 that is followed by a special runoff election; and (2) 30 days after certification of the results of a general or special election, other than a special election described in (1) of this subsection.

”

See law: Alaska Statutes, Sec. 15.20.203. Procedure for district absentee ballot counting review.

Arizona

As of November 2022, Arizona law included the following provision for challenging ballots:

“

An early ballot may be challenged on any grounds set forth in section 16-591. All challenges shall be made in writing with a brief statement of the grounds before the early ballot is placed in the ballot box. A record of all challenges and resulting proceedings shall be kept in substantially the same manner as provided in section 16-594. If an early ballot is challenged, it shall be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing until a time that the early election board sets for determination of the challenge, subject to the procedure in subsection E of this section, at which time the early election board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote. If the early ballot is not allowed, it shall be handled pursuant to subsection G of this section.

”

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

Arizona law included the following provision for handling challenged ballots:

“

Within twenty-four hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for an early ballot or, if none was provided, to the mailing address shown on the registration rolls. Notice shall also be mailed to the challenger at the address listed on the written challenge and provided to the county chairman of each political party represented on the ballot. The board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election. The board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge. The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives. The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge. The early election board or other officer in charge of early ballot processing is not required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in section 16-591 as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the board. Except for election contests pursuant to section 16-672, the board's decision is final and may not be appealed.

”

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

Arkansas

As of November 2022, Arkansas law included the following provision for challenging ballots:

“

When the name and voting precinct of a voter is read by the election official, any candidate or qualified poll watcher pursuant to § 7-5-312 may challenge the vote in the manner provided by law for personal voting challenges, and the election officials shall consider the ballot as a provisional ballot. If the statement is not in proper form or for any other legal reason the vote should not be counted, the ballot shall not be counted and shall be preserved together with the statement and envelope for the same period of time that the statements are preserved. If the county board of election commissioners determines that the provisional voter is qualified and that the vote was properly cast, the vote shall be counted."

”

See law: Arkansas Code, § 7-5-417. Challenge of Absentee Votes.

California

As of November 2022, California law included the following provision for challenging ballots:

“

Prior to processing and opening the identification envelopes of vote by mail voters, the elections official shall make available a list of vote by mail voters for public inspection, from which challenges may be presented. Challenges may be made for the same reasons as those made against a voter voting at a polling place. In addition, a challenge may be entered on the grounds that the ballot was not received within the time provided by this code or that a person is imprisoned for a conviction of a felony. All challenges shall be made prior to the opening of the identification envelope of the challenged vote by mail voter. ... Because the voter is not present, the challenger shall have the burden of establishing extraordinary proof of the validity of the challenge at the time the challenge is made. If a challenge is overruled, the board shall open the identification envelope without defacing the affidavit printed on it or mutilating the enclosed ballot and, without viewing the ballot, remove it and destroy the numbered slip, if any remains, and store the ballots in a secure location. If a challenge is allowed, the board shall endorse on the face of the identification envelope the cause of the challenge and its action thereon.

”

See law: California Elections Code, Sections 15105-15108

Colorado

As of November 2022, Colorado law included the following provision for challenging ballots:

“

Votes cast pursuant to this article may be challenged pursuant to and in accordance with law. Any mail ballot election held pursuant to this article shall not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the designated election official for the political subdivision conducting the election acted in good faith in complying with the provisions of this article or with rules promulgated by the secretary of state.

”

See law: Colorado Revised Statutes, Section 1-7.5-110. Challenges.

Connecticut

As of November 2022, Connecticut law included the following provision for challenging ballots:

“

Sec. 9-159p. (Formerly Sec. 9-232g). Challenge of absentee ballots. (a) Any elector may challenge the right of any person offering to vote by absentee ballot based upon false identity, disenfranchisement for conviction of a felony or lack of bona fide residence. The failure of an elector to challenge, pursuant to this section, the right of a person to vote by absentee ballot shall not bar such elector from bringing an action to contest the primary or election under section 9-323, 9-324, 9-328 or 9-329a, based on the alleged invalidity of the absentee ballot cast at such primary or election. (b) Challenges shall not be made indiscriminately and may only be made if the challenger knows or reasonably believes that the right of the person offering to vote by absentee ballot should be denied on one or more of the grounds specified in subsection (a) of this section. (c) Challenges made concerning ballots that the municipal clerk has not delivered to the registrars of voters for counting pursuant to sections 9-140c and 9-147a shall be made in writing to the municipal clerk. Challenges made concerning ballots that the municipal clerk has delivered to the registrars of voters for counting pursuant to sections 9-140c and 9-147a shall be made in writing to the central counting moderator or the moderator of the polling place at which the ballot is to be counted pursuant to subsection (b) of section 9-147a. All challenges shall be made under oath.

”

See law: General Statutes of Connecticut Section 9 – 159p

As of November 2022, Connecticut law included the following provision for handling challenged ballots:

“

(d) Immediately upon receipt of a challenge, the municipal clerk shall send copies of the challenge to each registrar of voters and to the person offering to vote by absentee ballot. The municipal clerk shall send the copy of the challenge to the person offering to vote by first class certified mail to the mailing address shown on the application for the absentee ballot. The municipal clerk shall furnish copies of any written response to the challenge to each registrar of voters. The municipal clerk shall deliver the ballot in the inner envelope, which shall not be opened, the serially-numbered envelope and any other evidence relevant to the challenge, to the registrars, who shall sign a receipt for the same. (e) Immediately upon receipt of a challenge, the moderator shall deliver copies of the challenge to each registrar of voters. The moderator shall also deliver, or designate another election, primary or referendum official to deliver, the ballot in the inner envelope, which shall not be opened, the serially-numbered envelope and any other evidence relevant to the challenge to the registrars, who shall sign a receipt for the same. (f) The registrars of voters shall examine the challenge, any written response to the challenge and any other evidence or information they deem relevant to the challenge, including the inner envelope, which shall not be opened, and shall determine whether the challenge should be upheld. If the registrars fail to agree that the challenge should be upheld, it shall be deemed to have been denied. (g) The registrars of voters shall make the determination not earlier than noon of the day of the election, primary or referendum at which the ballot is submitted and not later than the time when the counting of all other absentee ballots at the election, primary or referendum has been completed. (h) The registrars of voters shall notify, in writing, the municipal clerk and the central counting moderator, or the moderator of the polling place at which the ballot is to be counted pursuant to subsection (b) of section 9-147a, of their determination. If the challenge is denied, the absentee ballot shall be delivered by the registrars to the appropriate location for counting pursuant to law. If the challenge is upheld, the registrars shall mark the word “rejected” on the serially-numbered outer envelope and note the reasons for rejection, and shall return it together with all other evidence received in connection with the challenge to the municipal clerk who shall retain the same until delivered in accordance with section 9-140c, except that a challenge to a ballot which the municipal clerk has delivered to the registrars of voters for counting pursuant to sections 9-140c and 9-147a shall be returned to the moderator to whom the challenge was made. (i) Within five days after the election, primary or referendum the municipal clerk shall send to the person whose offer to vote was challenged a copy of the written determination of the registrars and a statement as to the disposition of the absentee ballot.

”

See law: General Statutes of Connecticut Section 9 – 159p

Delaware

As of November 2022, Delaware law included the following provision for challenging ballots:

“

(a) A mail ballot may be challenged for any of the following: (1) The same causes and in the same manner as provided in this title for other voters. (2) That the statement in the center of the face of the ballot envelope is not signed as required under § 5608A(a)(2) of this title. (3) The ballot envelope does not contain the elector’s state-issued driver’s license number or state-issued nondriver identification card, or the last 4 digits of the elector’s Social Security number, as required under § 5608A(a)(2) of this title.

”

See law: Delaware Code Title 15 Chapter 56A § 5615A Challenges

As of November 2022, Delaware law included the following provision for handling challenged ballots:

“

(b) (1) If a challenge is made under paragraph (a)(1) of this section, an election judge shall return the ballot to its ballot envelope, shall mark the ballot envelope as “CHALLENGED” and shall set the ballot envelope aside in a secure location for consideration at a later time as provided elsewhere in this title. (2) If a challenge is made under paragraph (a)(2) of this section, an election judge shall mark the ballot envelope as “CHALLENGED” and shall set the ballot envelope aside in a secure location for consideration at a later time as provided elsewhere in this title. (c) All challenges to mail ballots voted in a particular election district must be resolved before the counting of votes in that election district may be considered complete. Any challenge not resolved by the election judges within a reasonable time of the challenge having been made must be referred for resolution to the county director and county deputy director of the Department in the county where such election district is located.

”

See law: Delaware Code Title 15 Chapter 56A § 5615A Challenges

Florida

As of November 2022, Florida law included the following provision for challenging ballots:

“

101.6104 Challenge of votes.—If any elector present for the canvass of votes believes that any ballot is illegal due to any defect apparent on the voter’s certificate, the elector may, at any time before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of such ballot, specifying the reason he or she believes the ballot to be illegal. No challenge based upon any defect on the voter’s certificate shall be accepted after the ballot has been removed from the return mailing envelope.

”

See law: Florida Statutes Title IX Chapter 101 Section 101.6104 Challenge of votes

As of November 2022, Florida law included the following provision for handling challenged ballots:

“

(g) If a vote-by-mail ballot is validated following the submission of a cure affidavit, the supervisor shall make a copy of the affidavit, affix it to a voter registration application, and immediately process it as a valid request for a signature update pursuant to s. 98.077. (h) After all election results on the ballot have been certified, the supervisor shall, on behalf of the county canvassing board, notify each elector whose ballot has been rejected as illegal and provide the specific reason the ballot was rejected. In addition, unless processed as a signature update pursuant to paragraph (g), the supervisor shall mail a voter registration application to the elector to be completed indicating the elector’s current signature if the signature on the voter’s certificate or cure affidavit did not match the elector’s signature in the registration books or precinct register.

”

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

Georgia

As of November 2022, Georgia law included the following provision for challenging ballots:

“

(d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to 5:00 P.M. on the day before the primary or election.

”

See law: GA Code § 21-2-384 (2019)

As of November 2022, Georgia law included the following provision for handling challenged ballots:

“

(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall write ""Challenged,"" the elector's name, and the alleged cause of challenge on the outer envelope and shall deposit the ballot in a secure, sealed ballot box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge.

”

See law: GA Code § 21-2-386 (2019)

Hawaii

As of November 2022, Hawaii law included the following provision for challenging ballots:

“

§11-25 Challenge by voters; grounds; procedure. (a) Any registered voter may challenge the right of a person to be or to remain registered as a voter for any cause not previously decided by the board of registration or the supreme court in respect to the same person. The challenge shall be in writing, setting forth the grounds upon which it is based, and be signed by the person making the challenge. The challenge shall be delivered to the clerk who shall immediately serve notice thereof on the person challenged. The clerk shall, as soon as possible, investigate and rule on the challenge. (b) Any voter rightfully in a voter service center may challenge the right to vote of any person who comes to the voter service center for voting purposes. The challenge shall be on the grounds that the voter is not the person the voter alleges to be, or that the voter is not entitled to vote. No other or further challenge shall be allowed. Any person challenged pursuant to this subsection shall first be given the opportunity to make the relevant correction pursuant to section 11-21. The challenge shall be considered and decided immediately by the clerk, and the ruling shall be announced.

”

See law: HI Rev Stat § 11-25 (2019)

As of November 2022, Hawaii law included the following provision for handling challenged ballots:

“

(c) If neither the challenger nor the challenged voter appeals the ruling of the clerk, then the voter shall either be allowed to vote or be prevented from voting in accordance with the ruling. If an appeal is taken to the board of registration, the challenged voter shall be allowed to vote; provided that the ballot is placed in a sealed envelope to be later counted or rejected in accordance with the ruling on appeal. The chief election officer shall adopt rules in accordance with chapter 91 to safeguard the secrecy of the challenged voter's ballot.

”

See law: HI Rev Stat § 11-25 (2019)

Idaho

As of November 2022, Idaho law included the following provision for challenging ballots:

“

At the time of any election, any registered elector may challenge the entry of an elector’s name as it appears in the election register. Such a challenge will be noted in the remarks column following the elector’s name stating the reason, such as "died," "moved," or "incorrect address." The individual making the challenge shall sign his name following the entry.

”

See law: Idaho Statutes Title 34 Chapter 4 Section 34-431

As of November 2022, Idaho law included the following provisions for handling challenged ballots:

“

The vote of any absent elector may be challenged in the same manner as other votes are challenged and the receiving judges shall have power and authority to determine the legality of such ballot. If the challenge be sustained, or if the receiving judges determine, that the affidavit accompanying the absent elector’s ballot is insufficient, or that the elector is not a qualified registered elector the envelope containing the ballot of such elector shall not be opened and the judges shall endorse on the back of the envelope the reason therefor. If an absent elector’s envelope contains more than one (1) marked ballot of any one (1) kind, none of such ballots shall be counted and the judges shall make notations on the back of the ballots the reason therefor. Judges of election shall certify in their returns the number of absent electors’ ballots cast and counted and the number of such ballots rejected.

”

See law: Idaho Statutes Title 34 Chapter 10 Section 34-1009

“

(1) No later than the ninth Friday after each election, the county clerk shall examine the election register and note the challenges as described in section 34-431, Idaho Code. The county clerk shall mail a written inquiry to the challenged elector at his mailing address as indicated on his registration card. Such inquiry shall state the nature of the challenge and provide a suitable form for reply. (2) Within twenty (20) days from the date of mailing of the written inquiry, the elector may, in person or in writing, state that the information on his registration card is correct. Upon receipt of such a statement or request, the county clerk shall determine whether the information satisfies the challenge. If the county clerk determines that the challenge has not been satisfied, the county clerk shall schedule a hearing on the challenge and shall notify the elector of the place and time of the hearing. The hearing shall be held no later than twenty (20) days after notice is given. At the hearing, the challenged elector may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the challenged elector’s registration is not valid, the county clerk shall cancel the registration. If a challenged elector fails to make the statement or request in response to the inquiry, the county clerk shall cancel the registration.

”

See law: Idaho Statutes Title 34 Chapter 4 Section 34-432

Illinois

As of November 2022, Illinois law included the following provision for challenging ballots:

“

Pollwatchers may challenge for cause the voting qualifications of a person offering to vote and may call to the attention of the judges of election any incorrect procedure or apparent violations of this Code.

”

See law: 10 ILCS 5/17-23

As of November 2022, Illinois law included the following provision for handling challenged ballots:

“

(a) Whenever, at any election, in any precinct, any person offering to vote is not personally known to the judges of election to have the qualifications required in this Act, if his vote is challenged by a legal voter at such election, he or she shall make and subscribe an affidavit, in the following form, which shall be retained by the judges of election, and returned by them affixed to the poll books or with the official poll record: State of Illinois) )ss. County of .......) I, ...., do solemnly swear (or affirm) that I am a citizen of the United States; that I am 18 years of age or over; that I have resided in this State and in this election district 30 days next preceding this election; that I have not voted at this election; that I am a duly qualified voter in every respect; that I now reside at (here give the particular house or place of residence, and, if in a town or city, the street and number), in this election district; that I registered to vote from said address; that I changed my residence to the above address from ...., both of which are in this election district; that I changed my name from .... to that which I have signed below; that I have not changed my residence but my address has changed as a result of implementation of a 9-1-1 emergency telephone system. So help me God, (or ""This I do solemnly and sincerely affirm"", as the case may be). ......................... Subscribed and sworn to before me on (insert date). ......................... 1. If registration is not required, draw a line through 1 above. 2. Fill in the blank ONLY if you have moved within 2 years. 3. Fill in the blank ONLY if you have changed your name within 2 years. 4. Fill in the blank ONLY if you have not changed your residence but your address has changed as a result of implementation of a 9-1-1 emergency telephone system. In addition to such an affidavit, the person so challenged shall provide to the judges of election proof of residence by producing two forms of identification showing the person's current residence address, provided that such identification may include a lease or contract for a residence and not more than one piece of mail addressed to the person at his current residence address and postmarked not earlier than 30 days prior to the date of the election, or the person shall procure a witness personally known to the judges of election, and resident in the precinct (or district), or who shall be proved by some legal voter of such precinct or district, known to the judges to be such, who shall take the oath following, viz: I do solemnly swear (or affirm) that I am a resident of this election precinct (or district), and entitled to vote at this election, and that I have been a resident of this State for 30 days last past, and am well acquainted with the person whose vote is now offered; that he is an actual and bona fide resident of this election precinct (or district), and has resided herein 30 days, and as I verily believe, in this State, 30 days next preceding this election. The oath in each case may be administered by either of the judges of election, or by any officer, resident in the precinct or district, authorized by law to administer oaths.

”

See law: 10 ILCS 5/17-10

Indiana

As of November 2022, Indiana law included the following provision for challenging ballots:

“

Sec. 8. During the counting of the votes: (1) an absentee ballot counter performing the counting; (2) a member of the county election board; or (3) a representative designated by the members; may protest the counting of any ballot or any part of a ballot.

”

See law: IN Code § 3-11.5-5-8 (2019)

As of November 2022, Indiana law included the following provision for handling challenged ballots:

“

The vote of an absentee ballot may be challenged for the reason that the absentee voter is not a legal voter of the precinct for which the absentee ballot was issued. Before the absentee ballot counters process an absentee ballot, the absentee ballot counters shall notify the county election board. A county election board member, or a representative designated by a county election board member, may challenge the absentee ballot under section 16 of this chapter.(d) The challenge under this section must be determined using the procedures for counting a provisional ballot under IC 3-11.7.

”

See law: IN Code § 3-11.5-4-15 (2019)

Iowa

As of November 2022, Iowa law included the following provision for challenging ballots:

“

Any person qualified to vote at the election in progress may challenge the qualifications of a person casting an absentee ballot by submitting a written challenge to the commissioner no later than 5:00 p.m. on the Friday before the election. It is the duty of the special precinct officials to challenge the absentee ballot of any person whom the official knows or suspects is not duly qualified. Challenges by members of the special precinct election board or observers present pursuant to section 53.23 may be made at any time before the close of the polls on election day. The challenge shall state the reasons for which the challenge is being submitted and shall be signed by the challenger. When a challenge is received the absentee ballot shall be set aside for consideration by the special precinct election board when it meets as required by section 50.22.

”

See law: IA Code § 53.31 (2019)

As of November 2022, Iowa law included the following provision for handling challenged ballots:

“

The commissioner shall immediately send a written notice to the elector whose qualifications have been challenged. The notice shall be sent to the address at which the challenged elector is registered to vote. If the ballot was mailed to the challenged elector, the notice shall also be sent to the address to which the ballot was mailed if it is different from the elector’s registration address. The notice shall advise the elector of the reason for the challenge, the date and time that the special precinct election board will reconvene to determine challenges, and that the elector has the right to submit written evidence of the elector’s qualifications. The notice shall include the telephone number of the commissioner’s office. If the commissioner has access to a facsimile machine, the notice shall include the telephone number of the facsimile machine. As far as possible, other procedures for considering provisional ballots shall be followed.

”

See law: IA Code § 53.31 (2019)

Kansas

As of November 2022, Kansas law included the following provision for challenging ballots:

“

(a) The vote of any advance voting voter may be challenged in the same manner as other votes are challenged, as nearly as may be, and the judges of the special election board shall determine the validity of each advance voting ballot.

”

See law: Kansas Statutes 25-1136

As of November 2022, Kansas law included the following provision for handling challenged ballots:

“

Whenever the judges determine that the form accompanying an advance voting ballot is insufficient, or that the voter is not a registered voter, or the challenge is otherwise sustained, the advance voting ballot envelope shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word ""provisional"" and state the reason for sustaining the challenge. (b) Any advance voting ballot envelope which has not been signed shall not be opened, and no vote on the ballot therein shall be counted. The envelope or ballot shall be challenged in the same manner in which other votes are challenged. (c) Whenever it shall be made to appear to the judges of a special election board by sufficient proof that an advance voting voter has died, the envelope containing the advance voting ballot of the deceased voter shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word ""provisional"" and the reason for sustaining the challenge. (d) If objection is made to an advance voting ballot because of form, condition, or marking thereof, the ballot shall be marked ""void"" if the judges uphold the objection to the entire ballot, and otherwise shall be marked on the back thereof, ""objected to"" with a statement of the substance of the objection. (e) Void, provisional and objected to advance voting ballots shall be transmitted to the county election officer in the same manner as personally cast provisional ballots are transmitted but shall be placed in separate envelopes or sacks, appropriately labeled and sealed. Votes contained in void and provisional advance voting ballots shall not be included in the total of votes certified by the special election board. Void, provisional and objected to advance voting ballots shall be reviewed by the board of county canvassers, and the board shall finally determine the acceptance or rejection of each void, provisional or objected to ballot.

”

See law: Kansas Statutes 25-1136

Kentucky

As of November 2022, Kentucky law included the following provision for challenging ballots:

“

(4)  When the name of a voter who cast an absentee ballot by mail is read aloud by the chairman, the vote of the voter may be challenged by any board member or by the written challenge provided in subsection (1) of this section and the challenge may be determined and the vote accepted or rejected by the board as if the voter was present and voting in person;  but if the outer envelope and the detachable flap are regular, and substantially comply with the provisions of this chapter, they shall be considered as showing that the voter is prima facie entitled to vote.

”

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

As of November 2022, Kentucky law included the following provision for handling challenged ballots:

“

If the vote of a voter is rejected pursuant to the challenge, the inner envelope shall not be opened, but returned to the outer envelope upon which the chairman shall write on the envelope the word “rejected.”

”

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

Louisiana

As of November 2022, Louisiana law included the following provision for challenging ballots:

“

A.(1) A candidate or his representative, a member of the board, or a qualified elector may challenge an absentee by mail or early voting ballot for the grounds specified in R.S. 18:565(A), by personally filing his written challenge with the registrar no later than the fourth day before the election for which the ballot is challenged. Such challenge shall be on a form provided by the secretary of state. (2) The form shall include: (a) The ground, specified in R.S. 18:565(A), on which the challenge is made. (b) The election involved. (c) The specific reason for which the challenge is made. (d) The name, address, and telephone number, if any, of the person challenging the ballot, all of which shall be written by the person challenging the vote.

”

See law: Louisiana Revised Statutes 18:1315

As of November 2022, Louisiana law included the following provision for handling challenged ballots:

“

Within twenty-four hours after the challenge has been filed, the registrar shall mail a copy of the challenge to the voter whose absentee by mail or early voting ballot is being challenged at the address shown on the registrar's roll of electors. The registrar shall retain the original challenge form and shall transmit it to the place where the absentee by mail or early voting ballot will be counted and tabulated for the use of the board on election day. B. During the preparation and verification process for the counting of absentee by mail and early voting ballots on the day before the election, as applicable, or the counting of absentee by mail and early voting ballots on election day, any candidate or his representative, member of the board, or qualified elector may challenge an absentee by mail or early voting ballot for cause, other than those grounds specified in R.S. 18:565(A). C.(1) During the counting of absentee by mail and early voting ballots, at least a majority of the members of the board shall hear and determine the validity of any ballot challenged in accordance with the provisions of Subsection A or B of this Section. (2) If a challenge in accordance with the provisions of Subsection A of this Section is sustained, the vote shall not be counted, the ballot or early voting confirmation sheet shall be placed in the special absentee by mail and early voting ballot envelope or container, and the board shall notify the voter in writing of the challenge and the cause therefor. This notification shall be on a form provided by the secretary of state and shall be signed by at least a majority of the members of the board. The notice of the challenge and the cause therefor shall be given within three days by mail, addressed to the voter at his place of residence. The board shall retain a copy of the notification. However, if the challenge is based upon a change of residence within the parish or is based upon a change of residence outside the parish that has occurred within the last three months, the ballot shall be counted provided that the voter confirmed his current address as shown by the affidavit of the absentee by mail ballot envelope flap or early voting confirmation sheet or, if the voter is on the inactive list of voters, as shown by the information provided on an address confirmation card. (3)(a) If a challenge in accordance with the provisions of Subsection B of this Section is sustained, the vote shall not be counted, the board shall write "rejected" and the cause therefor across the ballot envelope or early voting confirmation sheet, and shall place the ballots and early voting confirmation sheets so rejected in the special absentee by mail and early voting ballot envelope or container. The board shall notify the voter in writing of the challenge and the cause therefor. The notification shall be on a form provided by the secretary of state and shall be signed by at least a majority of the members of the board. The notice of the challenge and the cause therefor shall be given within three days by mail addressed to the voter at his place of residence. The board shall retain a copy of the notification.

”

See law: Louisiana Revised Statutes 18:1315

Maine

As of November 2022, Maine law included the following provision for challenging ballots:

“

A voter of a municipality or an election official may challenge the right of another to vote at an election in that municipality. [PL 2007, c. 455, §31 (AMD).] 1. How made. The challenge must be made to the warden. The challenger must state in the form of a signed affidavit setting forth, under oath administered by the warden, the challenger's name, address, party affiliation, status as a registered voter in the municipality, the name of the voter challenged, the reason the particular individual being challenged may be ineligible to vote, the specific source of the information or personal knowledge upon which the challenge of the particular individual is based and a statement that the challenger understands that making a false statement on the affidavit is punishable under penalties of perjury. A. A voter or an election official may challenge another voter only upon personal knowledge or a reasonably supported belief that the challenged voter is unqualified. Only the following reasons for challenges may be accepted by the warden. The challenged person: (2) Is not enrolled in the proper party, if voting in a primary election; (3) Is not qualified to be a registered voter because the challenged person: (a) Does not meet the age requirements as specified in section 111, subsection 2 and section 111-A; (b) Is not a citizen of the United States; or (c) Is not a resident of the municipality or appropriate electoral district within the municipality; (4) Registered to vote during the closed period or on election day and did not provide satisfactory proof of identity and residency to the registrar pursuant to section 121, subsection 1-A, except that only an election official may challenge for this reason; (5) Did not properly apply for an absentee ballot; (6) Did not properly complete the affidavit on the absentee return envelope; (7) Did not cast the ballot or complete the affidavit before the appropriate witness; (8) Communicated with someone as prohibited by section 754-A, subsection 1, paragraph B or subsection 3, paragraph B or D; (9) Did not have the ballot returned to the clerk by the time prescribed; (10) Voted using the name of another; (11) Committed any other specified violation of this Title; or (12) Voted using the wrong ballot for the appropriate electoral district or political party, if applicable. [RR 2011, c. 2, §21 (COR).] B. A challenge made must be made at the time the voter being challenged is checking in with the election clerk in charge of the incoming voting list in accordance with section 671 but before that voter enters the voting booth, except that the registrar or clerk may complete a challenge affidavit under oath to the warden before or during election day. [PL 2003, c. 395, §2 (NEW).] C. A challenge must be made against an absentee ballot after the name of the absentee voter is announced by the warden or clerk in accordance with section 759 and before the ballot is placed into the ballot box or voting machine.

”

See law: 21-A ME Rev Stat §673. Challenges

As of November 2022, Maine law included the following provision for handling challenged ballots:

“

2. Voting list marked. As soon as the challenge has been made, the election clerk in charge of the incoming voting list shall write ""Challenged"" beside the voter's name on the list, and give a ballot to the warden. [PL 1985, c. 161, §6 (NEW).] 3. Ballot marked. The warden shall write a number on the outside of the ballot. The warden shall also complete a certificate on which appears the word ""Challenged,"" the name of the voter challenged and the reason for the challenge. The challenger and the warden shall sign the certificate. After the challenger has signed the certificate, the warden shall place the number that was written on the ballot in a conspicuous place on the certificate. Only the warden and the challenged voter may know the ballot number. The warden shall place the challenge certificate and the signed affidavit under subsection 1 in a sealed envelope marked ""Challenge Certificate #(certificate number)"" and shall retain the envelope until it is sealed with the ballot materials pursuant to section 698. [PL 2003, c. 395, §3 (AMD).] 3-A. List of challenged ballots. The warden shall maintain a list of all challenges made. The list must include the name of the voter challenged, the name of the challenger and the reason for the challenge. The list may not include the unique number assigned to the ballot of the challenged voter. The list must be made available for public inspection after the polls close. [PL 1997, c. 436, §98 (NEW).] 4. Proceed to vote. The challenged voter shall then proceed to vote in the usual way using the marked ballot."" ""7. Hearing held. After the election at which a voter has been challenged, the registrar shall hold a hearing to confirm the qualifications of the challenged voter pursuant to section 161, subsection 4. The qualifications of the voter must be resolved within a reasonable time after the election and the voter's name either retained or cancelled from the central voter registration system.

”

See law: 21-A ME Rev Stat §673. Challenges

Maryland

As of November 2022, Maryland law included the following provision for challenging ballots:

“

(a) (1) The right of an individual to vote may be challenged at the polls only on the grounds of identity. (2) An individual whose right to vote is challenged at the polls may establish the individual’s identity by presenting any of the following forms of identification: (i) the individual’s voter registration card; (ii) the individual’s Social Security card; (iii) the individual’s valid Maryland driver’s license; (iv) any identification card issued to the individual by a political subdivision of the State, the State, the federal government, or any unit of a political subdivision of the State, the State, or the federal government; (v) any employee identification card of the individual that contains a photograph of the individual and is issued by the employer of the individual in the ordinary course of the employer’s business; or (vi) a copy of a current bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the individual.

”

See law: MD Elec Law Code § 10-312 (2019)

As of November 2022, Maryland law included the following provision for handling challenged ballots:

“

(3) If an individual establishes the individual’s identity under paragraph (2) of this subsection, an election judge shall authorize the individual to vote a regular ballot. (b) A challenge to an individual’s right to vote shall be made before the individual is issued a ballot or a voting authority card. (c) If a challenge is made, and the challenged individual does not present any of the forms of identification specified under subsection (a)(2) of this section, the election judge receiving the challenge shall: (1) require the challenger to provide in writing, under penalty of perjury, the reasons for the challenge; (2) offer the challenged individual the opportunity to: (i) cast a provisional ballot; and (ii) submit an attestation, witnessed by the election judge, of the individual’s identity; and (3) submit the provisional ballot and other materials related to the challenge to the local board. (d) During the canvass of provisional ballots, the local board shall determine, based on the information submitted by the challenger and the challenged individual, whether the challenged individual is: (1) the registered voter he or she claims to be; and (2) otherwise qualified to vote.

”

See law: MD Elec Law Code § 10-312 (2019)

Massachusetts

As of November 2022, Massachusetts law included the following provision for challenging ballots:

“

Section 96. All ballots transmitted under any provision of sections eighty-six to one hundred and three, inclusive, shall be subject to challenge when and as cast for non-compliance with any provision of sections eighty-six to one hundred and three, inclusive, or for any other reason allowed by law, including that the voter was not unable by reason of physical disability to cast his vote in person at the polling place on the day of the election, and if challenged shall be disposed of in accordance with section eighty-five, except that so much of said section as involves the administering of an oath shall not apply thereto, and the writing of the name and address of the voter on the ballot shall be performed by the officer charged with depositing the ballot in the ballot box.

”

See law: Mass. Gen. Laws Chapter 54 Section 96

As of November 2022, Massachusetts law included the following provision for handling challenged ballots:

“

Section 85. If in any state, city or town election at which official ballots are used the right of a person offering to vote is challenged for any legal cause, the presiding officer shall administer to him the following oath: You do solemnly swear (or affirm) that you are the identical person whom you represent yourself to be, that you are registered in this precinct (or town) and that you have not voted at this election. He shall also be required to write his name and residence on the outside of the ballot offered, and the presiding officer shall add thereto the name of the person challenging, and the cause assigned therefor, whereupon such ballot shall be received; and no person shall make any statement or give any information in regard thereto, except as required by law. The clerk shall record the name and residence of every person who has been challenged and has voted.

”

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

Michigan

As of November 2022, Michigan law included the following provision for challenging ballots:

“

(1) An election inspector shall challenge an applicant applying for a ballot if the inspector knows or has good reason to suspect that the applicant is not a qualified and registered elector of the precinct, or if a challenge appears in connection with the applicant's name in the registration book. A registered elector of the precinct present in the polling place may challenge the right of anyone attempting to vote if the elector knows or has good reason to suspect that individual is not a registered elector in that precinct. An election inspector or other qualified challenger may challenge the right of an individual attempting to vote who has previously applied for an absent voter ballot and who on election day is claiming to have never received the absent voter ballot or to have lost or destroyed the absent voter ballot.

”

See law: Mich. Comp. Laws Section 168.727

As of November 2022, Michigan law included the following provisions for handling challenged ballots:

“

(2) Upon a challenge being made under subsection (1), an election inspector shall immediately do all of the following: (a) Identify as provided in sections 745 and 746 a ballot voted by the challenged individual, if any. (b) Make a written report including all of the following information: (i) All election disparities or infractions complained of or believed to have occurred. (ii) The name of the individual making the challenge. (iii) The time of the challenge. (iv) The name, telephone number, and address of the challenged individual. (v) Other information considered appropriate by the election inspector. (c) Retain the written report created under subdivision (b) and make it a part of the election record. (d) Inform a challenged elector of his or her rights under section 729.

”

See law: Mich. Comp. Laws Section 168.727

“

Whenever at any election the ballot of any person who has been challenged as an unqualified voter and who has taken the oath provided by law in such case to be taken shall be received by the inspectors of election, said inspectors shall cause to be plainly endorsed on said ballot, with pencil, before depositing the same in the ballot box, the number corresponding to the number placed after such voter's name on the poll lists without opening the same: Provided, That in case a ballot shall be so folded, defaced, printed or prepared that such number cannot be legibly and permanently written on the back thereof, said inspectors shall refuse to accept such ballot.

”

See law: Mich. Comp. Laws Section 168.745

Minnesota

As of November 2022, Minnesota law included the following provision for challenging ballots:

“

Subdivision 1.Manner of challenging. An election judge shall, and an authorized challenger or other voter may, challenge an individual based on personal knowledge that the individual is not an eligible voter. Subd. 2.Statement of grounds; oath. A challenger must be a resident of this state. The secretary of state shall prepare a form that challengers must complete and sign when making a challenge. The form must include space to state the ground for the challenge, a statement that the challenge is based on the challenger's personal knowledge, and a statement that the challenge is made under oath. The form must include a space for the challenger's printed name, signature, telephone number, and address. An election judge shall administer to the challenged individual the following oath: "Do you solemnly swear (or affirm) that you will fully and truly answer all questions put to you concerning your eligibility to vote at this election?" The election judge shall then ask the challenged individual sufficient questions to test that individual's residence and right to vote.

”

See law: Minnesota Statutes 204 C.12

As of November 2022, Minnesota law included the following provisions for handling challenged ballots:

“

Subd. 3.Determination of residence. In determining the legal residence of a challenged individual, the election judges shall be governed by the principles contained in section 200.031. If the challenged individual's answers to the questions show ineligibility to vote in that precinct, the individual shall not be allowed to vote. If the individual has marked ballots but not yet deposited them in the ballot boxes before the election judges determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened with the spoiled ballots. If the answers to the questions fail to show that the individual is not eligible to vote in that precinct and the challenge is not withdrawn, the election judges shall verbally administer the oath on the voter certificate to the individual. After taking the oath and completing and signing the voter certificate, the challenged individual shall be allowed to vote.

”

See law: Minnesota Statutes 204 C.12

“

Except as provided in this section, the eligibility or residence of a voter whose application for absentee ballots is recorded under section 203B.19 may be challenged in the manner set forth by section 201.195. The county auditor shall not be required to serve a copy of the petition and notice of hearing on the challenged voter. If the absentee ballot application was submitted on behalf of a voter by an individual authorized under section 203B.17, subdivision 1, paragraph (a), the county auditor must attempt to notify the individual who submitted the application of the challenge. The county auditor may contact other registered voters to request information that may resolve any discrepancies appearing in the application. All reasonable doubt shall be resolved in favor of the validity of the application. If the voter's challenge is affirmed, the county auditor shall provide the challenged voter with a copy of the petition and the decision and shall inform the voter of the right to appeal as provided in section 201.195.

”

See law: Minnesota Statutes 203B.20

Mississippi

As of November 2022, Mississippi law included the following provision for challenging ballots:

“

If an affidavit is required, the appropriate election officials shall examine the affidavit of each absentee ballot envelope. If the officials are satisfied that the affidavit is sufficient and that the absentee voter is otherwise qualified to vote, an official shall announce the name of the voter and shall give any person present an opportunity to challenge in like manner and for the same cause as the voter could have been challenged had he presented himself personally in such precinct to vote. The ineligibility of the voter to vote by absentee ballot shall be a ground for a challenge. Also, the officials shall consider any absentee voter challenged when a person has previously filed a written challenge of such voter’s right to vote. The election officials shall handle any such challenge in the same manner as other challenged ballots are handled.

”

See law: MS Code § 23-15-643 (2019)

As of November 2022, Mississippi law included the following provisions for handling challenged ballots:

“

(1) All votes, which shall be challenged at the polls, whether the question be raised by a poll manager or another authorized challenger, shall be considered by the poll managers at that time. (2) When it so clearly appears in the unanimous opinion of the poll managers, either by the admissions or statements of the person challenged or from documentary or oral evidence then presented to the poll managers, that the challenge is well taken, the vote shall be rejected entirely and shall not be counted. In such case, the challenged voter shall mark his or her choices and cast his or her vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll manager on the back “REJECTED” and the name of the voter and the reason the ballot of the challenged voter was rejected shall also be written on the back of the ballot. All rejected ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all rejected ballots shall be placed in a separate strong envelope and returned to the box. (3) When it so clearly appears in the unanimous opinion of the poll managers, either by the admissions or statements of the person challenged or from documentary or oral evidence then presented to the poll managers, that the challenge is frivolous and not made in good faith, the poll managers shall disregard the challenge and the voter shall cast his or her vote as other voters in the polling place as though not challenged. (4) When it does not so clearly appear whether the challenge is well taken or frivolous and no unanimous decision can be made by the poll managers, the challenged voter shall mark his or her choices and cast his or her vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll managers on the back “CHALLENGED,” and the name of the voter and the reason the challenge of the voter was made shall also be written on the back of the ballot. All challenged ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all challenged ballots shall be removed therefrom and separately counted, tallied and totaled with a separate return made of the challenged votes. Challenged ballots shall be placed in a separate strong envelope, and returned to the ballot box.

”

See law: MS Code § 23-15-579 (2019)

“

(3) A person offering to vote may be challenged upon the following grounds: (a) That the voter is not a registered voter in the precinct; (b) That the voter is not the registered voter under whose name the voter has applied to vote; (c) That the voter has already voted in the election; (d) That the voter is not a resident in the precinct where the voter is registered; (e) That the voter has illegally registered to vote; (f) That the voter has removed his or her ballot from the polling place; or (g) That the voter is otherwise disqualified by law.

”

See law: MS Code § 23-15-571 (2019)

Missouri

As of November 2022, Missouri law included the following provision for challenging ballots:

“

Any absentee ballot or any vote on an absentee ballot may be challenged by the same persons and in the same manner as provided in section 115.429. Each challenge shall be decided in the manner provided in the same section.

”

See law: MO Rev Stat § 115.303 (2019)

As of November 2022, Missouri law included the following provisions for handling challenged ballots:

“

3. Any question of doubt concerning the identity or qualifications of a voter shall be decided by a majority of the judges from the major political parties. If such election judges decide not to permit a person to vote because of doubt as to his or her identity or qualifications, the person may apply to the election authority as provided in section 115.193 or file a complaint with the elections division of the secretary of state's office under and pursuant to section 115.219. 4. If the election judges cannot reach a decision on the identity or qualifications of any person, the question shall be decided by the election authority. 5. The election judges or the election authority may require any person whose right to vote is challenged to execute an affidavit affirming his or her qualifications. The election authority shall furnish to the election judges a sufficient number of blank affidavits of qualification, and the election judges shall enter any appropriate information or comments under the title ""Remarks"" which shall appear at the bottom of the affidavit. All executed affidavits of qualification shall be returned to the election authority with the other election supplies. Any person who makes a false affidavit of qualification shall be guilty of a class one election offense.

”

See law: MO Rev Stat § 115.429 (2019)

“

1. The election judges shall not permit any person to vote unless satisfied that such person is the person whose name appears on the precinct register. 2. The identity or qualifications of any person offering to vote may be challenged by any election authority personnel, any registered voter, or any duly authorized challenger at the polling place. No person whose right to vote is challenged shall receive a ballot until his or her identity and qualifications have been established.

”

See law: MO Rev Stat § 115.429 (2019)

Montana

As of November 2022, Montana law included the following provision for challenging ballots:

“

(1) An elector's right to vote may be challenged at any time by any registered elector by the challenger filling out and signing an affidavit stating the grounds of the challenge and providing any evidence supporting the challenge to the election administrator or, on election day, to an election judge. (2) A challenge may be made on the grounds that the elector: (a) is of unsound mind, as determined by a court; (b) has voted before in that election; (c) has been convicted of a felony and is serving a sentence in a penal institution; (d) is not registered as required by law; (e) is not 18 years of age or older; (f) has not been, for at least 30 days, a resident of the county in which the elector is offering to vote, except as provided in 13-2-514; (g) is a provisionally registered elector whose status has not been changed to a legally registered voter; or (h) does not meet another requirement provided in the constitution or by law.

”

See law:Montana Code Annotated 2019 13-13-301

As of November 2022, Montana law included the following provision for handling challenged ballots:

“

(3) When a challenge has been made under this section, unless the election administrator determines without the need for further information that the challenge is insufficient: (a) prior to the close of registration under 13-2-301, the election administrator shall question the challenger and the challenged elector and may question other persons to determine whether the challenge is sufficient or insufficient to cancel the elector's registration under 13-2-402; or (b) after the close of regular registration under 13-2-301, the election administrator or, on election day, either the election administrator or an election judge shall allow the challenged elector to cast a provisional paper ballot, which must be handled as provided in 13-15-107. (4) (a) In response to a challenge, the challenged elector may fill out and sign an affidavit to refute the challenge and swear that the elector is eligible to vote. (b) If the challenge was not made in the presence of the elector being challenged, the election administrator or election judge shall notify the challenged elector of who made the challenge and the grounds of the challenge and explain what information the elector may provide to respond to the challenge. The notification must be made: (i) within 5 days of the filing of the challenge if the election is more than 5 days away; or (ii) on or before election day if the election is less than 5 days away. (c) The election administrator or, on election day, the election judge shall also provide to the challenged elector a copy of the challenger's affidavit and any supporting evidence provided. (5) The secretary of state shall adopt rules to implement the provisions of this section and shall provide standardized affidavit forms for challengers and challenged electors.

”

See law: Montana Code Annotated 2019 13-13-301

Nebraska

As of November 2022, Nebraska law included the following provision for challenging ballots:

“

Any person offering to vote, even though such person is registered, may be challenged as unqualified by any inspector, judge or clerk of election, or registered voter. The judge or clerk of election shall challenge any person offering to vote whom he or she knows or suspects not to be duly qualified. The challenge shall be administered pursuant to sections 32-927 to 32-932 as applicable. The election commissioner or county clerk shall provide written oaths and forms to the inspectors and judges of election for purposes of such sections.

”

See law: Nebraska Revised Statutes 32-926

As of November 2022, Nebraska law included the following provision for handling challenged ballots:

“

If any person offering to vote is challenged by an inspector, judge or clerk of election, or registered voter, the person shall, in the presence of an inspector or a judge of election, affix his or her signature and print his or her name and address on the following oath: I do solemnly swear that I will fully and truly answer all such questions put to me related to my place of residence and qualifications as a registered voter at this election. The inspector or judge of election shall require the registered voter to comply with sections 32-928 to 32-930 as applicable and shall ask any other questions to the person challenged as necessary to test his or her qualifications as a registered voter at that election.

”

See law: Nebraska Revised Statutes 32-927

Nevada

As of November 2022, Nevada law included the following provision for challenging ballots:

“

1. After the 30th day but not later than the 25th day before any election, a written challenge may be filed with the county clerk. 2.  A registered voter may file a written challenge if: (a) He or she is registered to vote in the same precinct as the person whose right to vote is challenged; and (b) The challenge is based on the personal knowledge of the registered voter. 3.  The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge. 4.  A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.

”

See law: Nevada Revised Statutes 293.574

As of November 2022, Nevada law included the following provision for handling challenged ballots:

“

5.  The county clerk shall: (a) File the challenge in the registrar of voters’ register and: (1) In counties where records of registration are not kept by computer, he or she shall attach a copy of the challenge to the challenged registration in the roster. (2) In counties where records of registration are kept by computer, he or she shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the roster. (b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing the person of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel the person’s registration. A copy of the challenge and information describing how to reregister properly must accompany the notice. (c) Immediately notify the district attorney. A copy of the challenge must accompany the notice. 6.  Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.

”

See law:Nevada Revised Statutes 293.574

New Hampshire

As of November 2022, New Hampshire law included the following provision for challenging ballots:

“

I. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter, except for voters provided for in RSA 7:46, but not after the ballot is removed from the envelope. No challenge to an absentee ballot may be asserted except in conformity with the requirements of RSA 659:27-a.

”

See law: New Hampshire Statutes section 659:51

As of November 2022, New Hampshire law included the following provision for handling challenged ballots:

“

II. If the ballot is challenged, the moderator shall write on the envelope containing the ballot the word ""challenged"" and the name and address of the person who makes the challenge and the basis of the challenge. The moderator shall also number each challenged envelope consecutively by marking, for example, the first challenged ballot ""Challenged Ballot No. 1."" III. The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, the moderator shall not open the envelope but shall preserve it with the other ballots cast at the election as provided in RSA 659:101 and shall record next to the name of the absentee voter on the clerk's list of absentee voters prepared pursuant to RSA 657:15 the word ""challenged"" and the reason for the challenge. The clerk shall record this information in the statewide centralized voter registration database. If the moderator decides that the challenge is not well grounded, he or she shall open the envelope so the affidavit is not destroyed and proceed first to mark on the reverse of the folded ballot the corresponding challenge number as previously marked on the envelope. The moderator shall then proceed to deposit the ballot as provided in RSA 659:52.

”

See law: New Hampshire Statutes Section 659:27

New Jersey

As of November 2022, New Jersey law included the following provision for challenging ballots:

“

3. If a person whose name does not appear on a challenge list prepared by the superintendent of elections of the county is challenged as not qualified or entitled to vote by a duly authorized challenger or by a member of the district board of elections and if this challenge is sustained by the district board of elections, the person making the challenge shall specify the grounds for the challenge in a signed affidavit on forms to be supplied by the superintendent of elections in those counties having a superintendent of elections or by the county clerk in all other counties. This document also shall state that the challenged voter has sought to establish his right to vote by signing an affidavit which states the challenged voter's qualifications to vote and by presenting a suitable identifying document, the identity of which shall be specified by the challenger. A copy of the challenger's affidavit shall be given to the challenged voter.

”

See law: NJ Rev Stat § 19:15-18.2 (2019)

As of November 2022, New Jersey law included the following provision for handling challenged ballots:

“

19:15-24. The district boards shall not give a ballot to any person unless they shall be satisfied that such person is in all respects qualified and entitled to vote; and for the purpose of satisfying themselves as to the right of any person who shall claim a right to vote they shall have power to examine such person, and any other person or persons, under oath or affirmation, touching such right, except as hereinbefore restricted. The board shall determine the right of the voter to vote, after making use of, and giving due weight to, the evidence afforded by his signature, if any, such answers, and an affidavit which states the challenged voter's qualifications to vote and a suitable identifying document, as provided under section 2 of P.L.1991, c.249 (C.19:15-18.1). If any member of the board shall give or assent to give a ballot to any person challenged, without requiring him to take the oath or affirmation hereinbefore prescribed to be made upon such challenge, and the person shall not be qualified and entitled to vote, the member so giving or assenting to give a ballot, shall be deemed to have given to such person a ballot, knowing it to be illegal. The question as to the giving of the ballot to the person shall be put in the following form: ""Shall a ballot be given to this person by this board?"" If a majority of the board shall decide to give a ballot to such voter or in case of a tie vote, the voter shall be given a ballot and allowed to vote. If a majority of the board shall decide against giving a ballot to the voter no ballot shall be given. The board upon demand of a member of the board or any other citizen shall forthwith issue a warrant for the arrest of such person and deliver the same to a peace officer, who shall forthwith arrest him, and the right to challenge voters shall exist until the ballot shall have been deposited in the ballot box. Every such challenge and the determination of the board shall in every instance be recorded in the signature comparison record, in the column ""Sig. Comp. by,"" used at the election at which the challenge has been made.

”

See law: NJ Rev Stat § 19:15-24 (2019)

New Mexico

As of November 2022, New Mexico law included the following provision for challenging ballots:

“

C. A lawfully appointed challenger may view the official mailing envelope and may challenge the ballot of any mailed ballot voter for the following reasons: (1) the official mailing envelope has been opened by someone other than the voter prior to being received by the absent voter election board; (2) the official mailing envelope does not contain a signature; (3) the official mailing envelope does not contain the required voter identification; or (4) the person offering to vote is not a voter as provided in the Election Code.

”

See law: NM Stat § 1-6-14 (2019)

As of November 2022, New Mexico law included the following provision for handling challenged ballots:

“

D. If a challenge is upheld by unanimous vote of the presiding judge and the election judges, the official mailing envelope shall not be opened but shall be placed in a container provided for challenged ballots. If the reason for the challenge is satisfied by the voter before the conclusion of the county canvass or as part of an appeal, the official mailing envelope shall be opened and the vote counted.

”

See law:NM Stat § 1-6-14 (2019)

New York

As of November 2022, New York law included the following provision for challenging ballots:

“

Challenges; absentee, military, special federal and special presidential ballots. 1. During the examination of absentee, military, special federal and special presidential voters' ballot envelopes, any inspector shall, and any watcher or registered voter properly in the polling place may, challenge the casting of any ballot upon the ground or grounds allowed for challenges generally, or (a) that the voter was not entitled to cast an absentee, military, special federal or special presidential ballot, or (b) that notwithstanding the permissive use of titles, initials or customary abbreviations of given names, the signature on the ballot envelope does not correspond to the signature on the registration poll record, or (c) that the voter died before the day of the election.

”

See law: NY Elec L § 8-506 (2019)

As of November 2022, New York law included the following provision for handling challenged ballots:

“

2. The board of inspectors forthwith shall proceed to determine each challenge. Unless the board by majority vote shall sustain the challenge, an inspector shall endorse upon the envelope the nature of the challenge and the words ""not sustained"", shall sign such endorsement, and shall proceed to cast the ballot as provided herein. Should the board, by majority vote, sustain such challenge, the reason and the word ""sustained"" shall be similarly endorsed upon the envelope and an inspector shall sign such endorsement. The envelope shall not be opened and such envelope shall be returned unopened to the board of elections. If a challenge is sustained after the ballot has been removed from the envelope, but before it has been deposited in the ballot box, such ballot shall be rejected without being unfolded or inspected and shall be returned to the envelope. The board shall immediately enter the reason for sustaining the challenge on such envelope and an inspector shall sign such endorsement. 3. If the board of inspectors determines by majority vote that it lacks sufficient knowledge and information to determine the validity of a challenge, the inspectors shall endorse upon the ballot envelope the words ""unable to determine"", enter the reason for the challenge in the appropriate section of the challenge report and return the envelope unopened to the board of elections. Such ballots shall be cast and canvassed pursuant to the provisions of section 9-209 of this chapter.

”

See law:NY Elec L § 8-506 (2019)

North Carolina

As of November 2022, North Carolina law included the following provision for challenging ballots:

“

(a) Time for Challenge. - The absentee ballot of any voter may be challenged on the day of any statewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5:00 P.M., or by the chief judge at the time of closing of the polls as provided in G.S. 163-232 and G.S. 163-258.26(b). The absentee ballot of any voter received by the county board of elections pursuant to G.S. 163-231(b)(ii) or (iii) may be challenged no earlier than noon on the day following the election and no later than 5:00 p.m. on the next business day following the deadline for receipt of such absentee ballots. (b) Who May Challenge. - Any registered voter of the same precinct as the absentee voter may challenge that voter's absentee ballot. (c) Form and Nature of Challenge. - Each challenged absentee ballot shall be challenged separately. The burden of proof shall be on the challenger. Each challenge shall be made in writing and, if they are available, shall be made on forms prescribed by the State Board of Elections. Each challenge shall specify the reasons why the ballot does not comply with the provisions of this Article or why the absentee voter is not legally entitled to vote in the particular primary or election. The challenge shall be signed by the challenger.

”

See law: NC Gen Stat § 163-89 (2019)

As of November 2022, North Carolina law included the following provision for handling challenged ballots:

“

(d) To Whom Challenge Addressed; to Whom Challenge Delivered. - Each challenge shall be addressed to the county board of elections. It may be filed with the board at its offices or with the chief judge of the precinct in which the challenger and absentee voter are registered. If it is delivered to the chief judge, the chief judge shall personally deliver the challenge to the chairman of the county board of elections on the day of the county canvass. (e) Hearing Procedure. - All challenges filed under this section shall be heard by the county board of elections on the day set for the canvass of the returns. All members of the board shall attend the canvass and all members shall be present for the hearing of challenges to absentee ballots. Before the board hears a challenge to an absentee ballot, the chairman shall mark the word ""challenged"" after the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters. The board then shall hear the challenger's reasons for the challenge, and it shall make its decision without opening the container-return envelope or removing the ballots from it. The board shall have authority to administer the necessary oaths or affirmations to all witnesses brought before it to testify to the qualifications of the voter challenged or to the validity or invalidity of the ballot. If the challenge is sustained, the chairman shall mark the word ""sustained"" after the word ""challenged"" following the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters; the voter's ballots shall not be counted; and the container-return envelope shall not be opened but shall be marked ""Challenge Sustained."" All envelopes so marked shall be preserved intact by the chairman for a period of six months from canvass day or longer if any contest then is pending concerning the validity of any absentee ballot. If the challenge is overruled, the absentee ballots shall be removed from the container-return envelopes and counted by the board of elections, and the board shall adjust the appropriate abstracts of returns to show that the ballots have been counted and tallied in the manner provided for unchallenged absentee ballots. If the challenge was delivered to the board by the chief judge of the precinct and was sustained, the board shall reopen the appropriate ballot boxes, remove such ballots, determine how those ballots were voted, deduct such ballots from the returns, and adjust the appropriate abstracts of returns. Any voter whose ballots have been challenged may, either personally or through an authorized representative, appear before the board at the hearing on the challenge and present evidence as to the validity of the ballot.

”

See law: NC Gen Stat § 163-89 (2019)

North Dakota

As of November 2022, North Dakota law did not contain provisions for challenging ballots.

Ohio

As of November 2022, Ohio law included the following provision for challenging ballots:

“

The vote of any absent voter may be challenged for cause in the same manner as other votes are challenged, and the election officials shall determine the legality of that ballot. Every ballot not counted shall be endorsed on its back "Not Counted" with the reasons the ballot was not counted, and shall be enclosed and returned to or retained by the board of elections along with the contested ballots.

”

See law: Ohio Rev Code § 3509.07 (2019)

As of November 2022, Ohio law included the following provision for handling challenged ballots:

“

(B) On receiving an application or challenge filed under this section, the board of elections promptly shall review the board's records. If the board is able to determine that an application or challenge should be granted or denied solely on the basis of the records maintained by the board, the board immediately shall vote to grant or deny that application or challenge. If the board is not able to determine whether an application or challenge should be granted or denied solely on the basis of the records maintained by the board, the director shall promptly set a time and date for a hearing before the board. The hearing shall be held, and the application or challenge shall be decided, no later than ten days after the board receives the application or challenge. The director shall send written notice to any elector whose right to vote is challenged and to any person whose name is alleged to have been omitted from a registration list. The notice shall inform the person of the time and date of the hearing, and of the person's right to appear and testify, call witnesses, and be represented by counsel. The notice shall be sent by first class mail no later than three days before the day of any scheduled hearing. Except as otherwise provided in division (D) of this section, the director shall also provide the person who filed the application or challenge with such written notice of the date and time of the hearing.

”

See law: Ohio Rev Code § 3503.24 (2019)

Oklahoma

As of November 2022, Oklahoma law did not contain provisions for challenging ballots.

Oregon

As of November 2022, Oregon law included the following provision for challenging ballots:

“

(1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote whom the clerk, official or elector knows or suspects not to be qualified as an elector. (2) The clerk, official or elector challenging the ballot shall make, under oath or affirmation before a county clerk or other elections official, a written and numbered statement of challenge. The statement shall contain the name and residence address of the challenger, the name of the person challenged and a statement of the facts upon which the challenge is based. (3) A person’s ballot may be challenged at any time before the ballot is removed from its return envelope for processing.

”

See law: OR Rev Stat § 254.415 (2019)

As of November 2022, Oregon law included the following provision for handling challenged ballots:

“

(1) Whenever any person offers to vote a ballot challenged under ORS 254.415, the county clerk shall ensure that the ballot offered by the person includes the number of the written statement of challenge so that the ballot may be identified in any future contest of the election. (2) The county clerk shall examine the challenge and determine if the person is validly registered to vote and if the vote was properly cast. The ballot shall be counted only if the county clerk determines the person is validly registered. (3) The county clerk shall ensure that the information on the numbered written statement is treated as confidential so that in the event of a recount of votes it cannot be determined how any challenged person voted. (4) The county clerk shall mail to each person offering to vote a ballot challenged under ORS 254.415 a written statement that describes the nature of the challenge. If the person does not provide evidence sufficient to verify the person’s registration by the deadline described in subsection (5) of this section, the registration of the person shall be considered inactive until the person updates or verifies the registration, the registration is canceled or the county clerk determines that the person is validly registered. (5) The registration of each person offering to vote a ballot challenged under ORS 254.415 shall be verified not later than the 14th calendar day after the date of the election in order for the vote of the person to be counted.

”

See law: OR Rev Stat § 254.426 (2019)

Pennsylvania

As of November 2022, Pennsylvania law included the following provision for challenging ballots:

“

the local election board shall announce the name of the elector and shall give any watcher present an opportunity to challenge any absentee elector upon the ground or grounds (1) that the absentee elector is not a qualified elector;  or (2) that the absentee elector was within the municipality of his residence on the day of the primary or election during the period the polls were open, except where he was in military service or except in the case where his ballot was obtained for the reason that he was unable to appear personally at the polling place because of illness or physical disability;  or (3) that the absentee elector was able to appear personally at the polling place on the day of the primary or election during the period the polls were open in the case his ballot was obtained for the reason that he was unable to appear personally at the polling place because of illness or physical disability.

”

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

As of November 2022, Pennsylvania law included the following provision for handling challenged ballots:

“

With respect to the challenged ballots, they shall be returned to the county board with the returns of the local election district where they shall be placed unopened in a secure, safe and sealed container in the custody of the county board until it shall fix a time and place for a formal hearing of all such challenges and notice shall be given where possible to all absentee electors thus challenged and to every attorney, watcher or candidate who made such challenge.  The time for the hearing shall not be later than seven (7) days after the date of said challenge.  On the day fixed for said hearing, the county board shall proceed without delay to hear said challenges and, in hearing the testimony, the county board shall not be bound by technical rules of evidence.  The testimony presented shall be stenographically recorded and made part of the record of the hearing.  The decision of the county board in upholding or dismissing any challenge may be reviewed by the court of common pleas of the county upon a petition filed by any person aggrieved by the decision of the county board.  Such appeal shall be taken, within two (2) days after such decision shall have been made, whether reduced to writing or not, to the court of common pleas setting forth the objections to the county board's decision and praying for an order reversing same.  Pending the final determination of all appeals, the county board shall suspend any action in canvassing and computing all challenged ballots irrespective of whether or not appeal was taken from the county board's decision.  Upon completion of the computation of the returns of the county, the votes cast upon the challenged official absentee ballots shall be added to the other votes cast within the county.

”

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

Rhode Island

As of November 2022, Rhode Island law included the following provision for challenging ballots:

“

(e) The board shall establish guidelines setting forth the grounds for challenging the certification of mail ballots. These guidelines shall recognize that if a ballot can be reasonably identified to be that of the voter it purports to be, and if it can reasonably be determined that the voter was eligible to vote by mail ballot and if the requirements of § 17-20-2.1 were complied with, it should not be subject to frivolous or technical challenge. The burden of proof in challenging a mail ballot as not obtained and/or cast in conformance with this chapter is on the person challenging the ballot. Once the irregularity is shown, the burden of proof shall shift to the person defending the ballot to demonstrate that it is the ballot of the voter it purports to be, that the voter was eligible to vote by mail ballot, and that all of the applicable requirements of § 17-20-2.1 were complied with. The guidelines shall be adopted at a public meeting of the board and shall be made available prior to the start of the certification process for mail ballots.

”

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

As of November 2022, Rhode Island did not have a provision for handling challenged ballots.

South Carolina

As of November 2022, South Carolina law included the following provision for challenging ballots:

“

It is the duty of the managers of election to, and any elector or qualified watcher may, challenge the vote of a person who may be known or suspected not to be a qualified voter. However, the challenges by persons other than a manager must be addressed to the manager and not directly to the voter. The manager shall then present the challenge to the voter and act in accordance with the provisions provided for in this section. All challenges must be made before the time a voter deposits a paper ballot in a ballot box or casts his vote in a voting machine, and no challenge may be considered after that time. However, challenges may be made at any time before the opening of return-addressed envelopes and the removal of "Ballot Herein" envelopes from them as to absentee voters.

”

See law: SC Code § 7-13-810 (2019)

As of November 2022, South Carolina law included the following provision for handling challenged ballots:

“

When any person is so challenged, the manager must explain to him the qualifications of an elector and may examine his as to the same. If the person insists that he is qualified and the challenge is not withdrawn, his provisional vote must be received and placed in an envelope on which must be written the name of the voter and that of the challenger. The provisional votes must be kept separate and apart and not counted but turned over to the board of voter registration and elections or other authority having supervision of the election. At the meeting specified in either Section 7-17-10 or 7-17-510, whichever is applicable, this authority must hear all objections to these votes, and when no person appears or offers evidence before the meeting to sustain an objection made at the polls, the ballot is no longer a provisional ballot. When the challenger appears or produces witnesses or evidence in support of the challenge, the authority in charge must proceed to hear and determine the question. Its decision is final. Each provisional ballot which is no longer challenged and each ballot whose challenge was decided in favor of the voter must be removed from the envelope, mingled, and counted and the totals added to the previously counted regular ballot total of all precincts without attribution to a particular precinct. If the voting at the voting place is being done upon a voting machine, the managers must provide a paper ballot which must be placed in an envelope and treated as provided in this section.

”

See law: SC Code § 7-13-830 (2019)

South Dakota

As of November 2022, South Dakota law included the following provision for challenging ballots:

“

If a person makes an application for ballots, or if an absentee ballot has been cast, the person's right to vote at that poll and election may be challenged only as to the person's identity as the person registered whom the person claims to be or on grounds that within fifteen days preceding the election the person has been convicted of a felony or declared by proper authority to be mentally incompetent."

”

See law: SD Codified L § 12-18-10 (2019)

As of November 2022, South Dakota law included the following provision for handling challenged ballots:

“

The proceedings shall be conducted before the precinct superintendent and precinct deputies who shall determine from the evidence presented whether or not the person is permitted to vote and the members of the precinct election board shall indicate beside the name on the registration list the ground stated and the result of the precinct election board's decision.

”

See law: SD Codified L § 12-18-10 (2019)

Tennessee

As of November 2022, Tennessee law included the following provision for challenging ballots:

“

If any person's right to vote is challenged by any other person present at the polling place, the judges shall present the challenge to the person and decide the challenge after administering the following oath to the challenged voter: “I swear (affirm) that I will give true answers to questions asked about my right to vote in the election I have applied to vote in.” A person who refuses to take the oath may not vote.

”

See law: TN Code § 2-7-123 (2019)

As of November 2022, Tennessee law included the following provision for handling challenged ballots:

“

(a) A person offering to vote may be challenged only on the grounds that the person: (1) Is not a registered voter in Tennessee and did not vote a provisional ballot; (2) Is not a resident of the precinct where the person seeks to vote; (3) Is not the registered voter under whose name the person has applied to vote; (4) Has already voted in the election; or (5) Has become ineligible to vote in the election being conducted at the polling place since the person registered. (b) The judges may ask any question which is material to deciding the challenge and may put under oath and ask questions of such persons as they deem necessary to their decision. The judges shall ask the administrator of elections to check the original permanent registration records if the voter claims to be registered but has no duplicate permanent registration record.

”

See law:TN Code § 2-7-124 (2019)

Texas

As of November 2022, Texas law did not contain provisions for challenging ballots.

Utah

As of November 2022, Utah law included the following provision for challenging ballots:

“

(1) (a) A person may challenge an individual's eligibility to vote by filing a written statement with the election officer in accordance with Subsection (1)(b) that: (i) lists the name and address of the person filing the challenge; (ii) for each individual who is challenged: (A) identifies the name of the challenged individual; (B) lists the last known address or telephone number of the challenged individual; (C) provides the basis for the challenge, as provided under Section 20A-3-202; (D) provides facts and circumstances supporting the basis provided; and (E) may include supporting documents, affidavits, or other evidence; and (iii) includes a signed affidavit, which is subject to penalties of perjury, swearing that: (A) the filer exercised due diligence to personally verify the facts and circumstances establishing the basis for the challenge; and (B) according to the filer's personal knowledge and belief, the basis for the challenge under Section 20A-3-202 for each challenged individual is valid. (b) A person that files a written statement under Subsection (1)(a) shall file the written statement during the election officer's regular business hours: (i) at least 45 days before the day of the election; or (ii) if the challenge is to an individual who registered to vote between the day that is 45 days before the election and the day of the election: (A) on or before the day of the election; and (B) before the individual's ballot is removed from a ballot envelope or otherwise separated from any information that could be used to identify the ballot as the individual's ballot. (c) The challenge may not be based on unsupported allegations or allegations by an anonymous person. (d) An election officer may require a person that files a challenge under this section to file the challenge on a form provided by the election officer that meets the requirements of this section.

”

See law:UT Code § 20A-3-202.3 (2019)

As of November 2022, Utah law included the following provision for handling challenged ballots:

“

(3) (a) Upon receipt of a challenge that meets the requirements for filing under this section, the election officer shall attempt to notify each challenged individual in accordance with Subsection (3)(b): (i) at least 28 days before the date of the election, if the election officer receives the challenge under Subsection (1)(b)(i); or (ii) within one business day, if the election officer receives the challenge under Subsection (1)(b)(ii). (b) The election officer shall attempt to notify each challenged individual: (i) that a challenge has been filed against the challenged individual; (ii) that the challenged individual may be required to cast a provisional ballot at the time the individual votes if the individual votes in person; (iii) if the election is being conducted entirely by absentee ballot or if the individual is otherwise registered to vote by absentee ballot, that if the individual votes by absentee ballot, the individual's ballot will be treated as a provisional ballot unless the challenge is resolved; (iv) of the basis for the challenge, which may include providing a copy of the challenge the filer filed with the election officer; and (v) that the challenged individual may submit information, a sworn statement, supporting documents, affidavits, or other evidence supporting the challenged individual's eligibility to vote in the election to the election officer no later than: (A) 21 days before the date of the election, if the election officer receives the challenge under Subsection (1)(b)(i); or (B) five days before the day on which the canvass is held, if the election officer receives the challenge under Subsection (1)(b)(ii). (4) (a) The election officer shall determine whether each challenged individual is eligible to vote before the day on which: (i) early voting commences, if the election officer receives the challenge under Subsection (1)(b)(i); or (ii) the canvass is held, if the election officer receives the challenge under Subsection (1)(b)(ii). (b) (i) The filer has the burden to prove, by clear and convincing evidence, that the basis for challenging the individual's eligibility to vote is valid. (ii) The election officer shall resolve the challenge based on the available facts and information submitted, which may include voter registration records and other documents or information available to the election officer.

”

See law:UT Code § 20A-3-202.3 (2019)

Vermont

As of November 2022, Vermont law included the following provision for challenging ballots:

“

(2) The grounds of challenge of a person whose name appears on the checklist shall be only: (A) that he or she is not, in fact, the person whose name appears on the checklist; or (B) that he or she has previously voted in the same election.

”

See law: 17 V.S.A. § 2564

As of November 2022, Vermont law included the following provision for handling challenged ballots:

“

(b) If a challenge is issued, the members of the board of civil authority present in the polling place shall immediately convene, informally hear the facts, and decide whether the challenge should be sustained. (1) If the board overrules the challenge, the person shall immediately be admitted within the guardrail and permitted to vote. (2) If the board sustains the challenge, the person shall not be admitted unless, before the polls close, he or she shall obtain a court order directing that he or she be permitted to vote

”

See law: 17 V.S.A. § 2564

Virginia

As of November 2022, Virginia law included the following provision for challenging ballots:

“

Any qualified voter may, and the officers of election shall, challenge the vote of any person who is listed on the pollbook but is known or suspected not to be a qualified voter. The individual making the challenge shall complete and sign the following statement on a form provided by the State Board: ""I do hereby state, subject to penalties for hindering, intimidating, or interfering with a qualified voter pursuant to § 24.2-607, that I am a qualified voter of this Commonwealth or an officer of election and that, to the best of my knowledge, information, and belief, _______________ is not a qualified voter of this precinct by reason of (please check each of the following reasons that is applicable): 1. The named person is not a citizen of the United States; 2. The named person is not now 18 years of age or, in the case of a primary election or a special election held on a date other that a general election date, will not reach the age of 18 before the next general election; 3. The named person is not a resident of the Commonwealth (or, if he has not been a resident of the Commonwealth within the preceding 30 days, he is attempting to vote for an office or issue other than electors of President and Vice President of the United States); 4. The named person is not a resident of this precinct (or he has not been a resident of this precinct since the second preceding general federal election and has not continued to be a resident of this county or city and this congressional district); 5. The named person is not a resident of the town in the case of a town election; 6. The named person has been disqualified from voting by the Constitution and laws of the Commonwealth and this disqualification has not been removed by proper authority; 7. The named person is not the identical person he represents himself to be; or 8. The named person has voted in this election at this or another voting place (state when and where the named person previously voted in this election: _______________).

”

See law: Code of Virginia § 24.2-651

As of November 2022, Virginia law included the following provision for handling challenged ballots:

“

Upon receipt of a signed challenge from a qualified voter or officer of election, an officer of election shall explain to the challenged voter the qualifications of a voter and may examine him concerning his qualifications. The officers of election are hereby authorized to administer the necessary oath or affirmation to any witness brought before them to testify as to the qualifications of any person offering to vote. If the person being challenged insists that he is qualified and the challenge is not withdrawn, one of the officers shall give him a form containing the following statement: ""I do hereby state, subject to felony penalties for making false statements pursuant to § 24.2-1016, that I am a citizen of the United States, that I am at least 18 years of age (or will be on the __________ day of __________, _____) that I am a resident of the Commonwealth of Virginia (or that I have been a resident of this Commonwealth within the preceding 30 days and am voting only for electors of President and Vice President of the United States), and that, according to the best of my knowledge, information and belief, I am not disqualified from voting by the Constitution and laws of this Commonwealth; that my full name is _______________; that in such name I was duly registered as a voter of this precinct; that I am now or at some time since the last November general election have been an actual resident of this precinct or that I have been an actual resident of this precinct at some time since the second preceding general federal election and have been and continue to be a resident of this county or city and this congressional district; if I am voting in a town election today, that I am currently a resident of that town; that I am the identical person I represent myself to be; and that I have not voted in this election at this or any voting place and will not vote in this election at any other voting place."" If the person challenged refuses to sign the statement, he shall not be permitted to vote. If, however, he signs the statement, he shall be permitted to vote on the voting system in use at the precinct, unless he is required to cast a provisional ballot pursuant to § 24.2-651.1. When the voter has signed the statement and is permitted to vote, the officers of election shall mark his name on the pollbook with the first or next consecutive number from the voter count form, or shall enter that the voter has voted if the pollbook is in electronic form, and shall indicate on the pollbook that he has signed the required statement in accordance with the instructions of the State Board. If the envelope containing a voted absentee ballot has been properly signed by the voter, such ballot shall not be subject to challenge pursuant to this section.

”

See law: Code of Virginia § 24.2-651

Washington

As of November 2022, Washington law did not contain provisions for challenging ballots.

West Virginia

As of November 2022, West Virginia law included the following provision for challenging ballots:

“

(a) The official designated to supervise and conduct absentee voting may challenge an absent voter's ballot on any of the following grounds: (1) That the application for an absent voter's ballot has not been completed as required by law; (2) That any statement or declaration contained in the application for an absent voter's ballot is not true; (3) That the applicant for an absent voter's ballot is not registered to vote in the precinct of his or her residence as provided by law; (4) That the person voting an absent voter's ballot by personal appearance in his or her office had assistance in voting the ballot when the person was not qualified for voting assistance because: (A) The affidavit of the person who received assistance does not indicate a legally sufficient reason for assistance; or (B) the person who received assistance did not make an affidavit as required by this article; or (C) the person who received assistance is not so illiterate as to have been unable to read the names on the ballot or that he or she is not so physically disabled as to have been unable to see or mark the absent voter's ballot; (5) That the person who voted an absent voter's ballot by mail and received assistance in voting the ballot was not qualified under the provisions of this article for assistance; and (6) That the person has voted absentee by mail as a result of being out of the county more than four consecutive times: Provided, That the determination as to whether the person has voted more than four consecutive times does not apply if the person is a citizen residing out of the United States; or a member, spouse or dependent of a member serving in the uniformed services; or a college student living outside of his or her home county. (b) Any one or more of the election commissioners or poll clerks in a precinct may challenge an absent voter's ballot on any of the following grounds: (1) That the application for an absent voter's ballot was not completed as required by law; (2) That any statement or declaration contained in the application for an absent voter's ballot is not true; (3) That the person voting an absent voter's ballot is not registered to vote in the precinct of his or her residence as provided by law; (4) That the signatures of the person voting an absent voter's ballot as they appear on his or her registration record, his or her application for an absent voter's ballot and the absent voter's ballot envelope are not in the same handwriting; (5) That the person voting an absent voter's ballot by personal appearance had assistance in voting the ballot when the person was not qualified for assistance because: (A) The affidavit of the person who received assistance does not indicate a legally sufficient reason for assistance; or (B) the person who received assistance did not make an affidavit as required by this article; or (C) the person who received assistance is not so illiterate as to have been unable to read the names on the ballot or that he or she was not so physically disabled as to have been unable to see or mark the absent voter's ballot; (6) That the person voted an absent voter's ballot by mail and received assistance in voting the ballot when not qualified under the provisions of this article for assistance; (7) That the person who voted the absent voter's ballot voted in person at the polls on election day; (8) That the person voted an absent voter's ballot under authority of subdivision (3), subsection (b), section one of this article and is or was present in the county in which he or she is registered to vote between the opening and closing of the polls on election day; and (9) On any other ground or for any reason on which or for which the ballot of a voter voting in person at the polls on election day may be challenged.

”

See law: WV Code § 3-3-10 (2019)

As of November 2022, West Virginia law included the following provision for handling challenged ballots:

“

(d) Absent voters' ballots challenged by the official designated to supervise and conduct absentee voting under the provisions of this article are to be transmitted by the official directly to the county commission sitting as a board of canvassers. The absent voters' ballots challenged by the election commissioners and poll clerks under the provisions of this article may not be counted by the election officials but are to be transmitted by them to the county commission sitting as a board of canvassers. Action by the board of canvassers on challenged absent voters' ballots is to be governed by the provisions of section forty-one, article one of this chapter.

”

See law: WV Code § 3-3-10 (2019)

Wisconsin

As of November 2022, Wisconsin law included the following provision for challenging ballots:

“

The vote of any absent elector may be challenged for cause and the inspectors of election shall have all the power and authority given them to hear and determine the legality of the ballot the same as if the ballot had been voted in person. In municipalities where absentee ballots are canvassed under s. 7.52, the vote of an absentee elector may be challenged as provided in s. 7.52 (5).

”

See law: WI Stat § 6.93 (2019)

As of November 2022, Wisconsin law included the following provision for handling challenged ballots:

“

Whenever the inspectors under ss. 6.92 to 6.94 receive the vote of a person offering to vote who has been challenged, the inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the poll list, or other list maintained under s. 6.79, and the notation “s. 6.95". If voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the poll list or other list maintained under s. 6.79 and the notation “s. 6.95" written on the back of the ballot by the inspectors before the ballot is given to the elector. The inspectors shall indicate on the list the reason for the challenge. The inspectors shall then deposit the ballot. The challenged ballots shall be counted under s. 5.85 or 7.51. The municipal board of canvassers may decide any challenge when making its canvass under s. 7.53. If the returns are reported under s. 7.60, a challenge may be reviewed by the county board of canvassers. If the returns are reported under s. 7.70, a challenge may be reviewed by the chairperson of the commission or the chairperson's designee. The decision of any board of canvassers or of the chairperson or chairperson's designee may be appealed under s. 9.01. The standard for disqualification specified in s. 6.325 shall be used to determine the validity of challenged ballots.

”

See law: WI Stat § 6.95 (2019)

Wyoming

As of November 2022, Wyoming law included the following provision for challenging ballots:

“

(a) A person offering to vote may be challenged for the following reasons: (i) Not a qualified elector; (ii) Not entitled to vote in the precinct; (iii) Name does not appear on poll list and the person cannot meet the requirements to register at the polls; (iv) Not the person he represents himself to be; (v) Has already voted.

”

See law: WY Stat § 22-15-104 (2019)

As of November 2022, Wyoming law included the following provision for handling challenged ballots:

“

(a) If a person offering to vote is challenged, and the challenge is not resolved in accordance with W.S. 22-15-106, an election judge shall offer the voter a ballot clearly marked "provisional" and which cannot be automatically tabulated. (b) A person challenged on any ground may vote by provisional ballot, if he subscribes this oath in writing before a judge of election: "I do solemnly swear (or affirm) that I am the person I represent myself to be and that I am a qualified elector entitled to vote in this precinct at this election and that this is the only ballot I have or will vote in this election.". ............................. Signature of voter ............................. Signature of judge ............................. Precinct and District No. (c) The oath required by this section shall be printed on the provisional ballot envelope. (d) A challenged voter may present information and documentation of his eligibility to register at the election or to vote to the county clerk until the close of business on the day following the election. Any information presented shall be considered by the canvassing board in determining the voter's eligibility to register at the election or to vote and whether to open and count his provisional ballot. The provisional ballot shall be counted only after the voter has, by presenting documentation required under this code to the county clerk, established he had previously registered and is a qualified elector or he was eligible to register at the election and is a qualified elector.

”

See law: WY Stat § 22-15-105 (2019

Rejecting ballots

Absentee/mail-in ballots may be rejected if they meet certain criteria. The reasons for rejecting ballots vary and are provided in state law. Those laws are listed below.

Alabama

As of November 2022, Alabama law did not have a provision for challenging ballots.

Alaska

As of November 2022, Alaska law included the following provision for rejecting absentee/mail-in ballots:

“

(a) The district absentee ballot counting board shall examine each absentee ballot envelope and shall determine whether the absentee voter is qualified to vote at the election and whether the absentee ballot has been properly cast. (b) An absentee ballot may not be counted if (1) the voter has failed to properly execute the certificate; (2) an official or the witnesses authorized by law to attest the voter's certificate fail to execute the certificate, except that an absentee ballot cast in person and accepted by an absentee voting official or election supervisor may be counted despite failure of the absentee voting official or election supervisor to properly sign and date the voter's certificate as attesting official as required under AS 15.20.061(c); (3) the ballot is not attested on or before the date of the election; (4) the ballot, if postmarked, is not postmarked on or before the date of the election; (5) after the day of election, the ballot was delivered by a means other than mail; or (6) the voter voted (A) in person and is a (i) first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050, has not provided the identification required by AS 15.15.225(a), was not eligible for waiver of the identification requirement under AS 15.15.225(b), and has not provided the identifiers required in AS 15.07.060(a)(2) and (3) that can be verified through state agency records described in AS 15.07.055(e); or (ii) voter other than one described in (i) of this subparagraph, did not provide identification described in AS 15.15.225(a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060(a)(2) and (3); or (B) by mail or electronic transmission, is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 to vote, has not met the identification requirements set out in AS 15.07.060, and does not submit with the ballot a copy of a (i) driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or (ii) current utility bill, bank statement, paycheck, government check, or other government document; an item described in this sub-subparagraph must show the name and current address of the voter.

”

See law: Alaska Statutes, Sec. 15.20.203. Procedure for district absentee ballot counting review.

Arizona

As of November 2022, Arizona law included the following provision for rejecting absentee/mail-in ballots:

“

The early election board shall check the voter's affidavit on the envelope containing the early ballot. If it is found to be sufficient, the vote shall be allowed. If the affidavit is insufficient, the vote shall not be allowed.

”

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

Arkansas

As of November 2022, Arkansas law included the following provision for rejecting absentee/mail-in ballots:

“

(E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter; (F) (i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application. (ii) If the county board of election commissioners determines that the application and the voter's statement do not compare as to name, address, date of birth, and signature, the absentee ballot shall not be counted. (iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked “provisional” and the absentee ballot shall be considered a provisional ballot; (G) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked “provisional” and the absentee ballot shall be considered a provisional ballot; (H) If the absentee voter fails to return the voter statement, the vote shall not be counted; (I) Failure of the voter to submit the required absentee materials in the proper envelopes shall not be grounds for disqualifying the voter; (J) If the voter statement does not authorize a bearer, agent, or administrator to receive or return his or her absentee ballot and the ballot was received or returned by a bearer, agent, or administrator, the vote shall not be counted[.]

”

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

California

As of November 2022, California law included the following provision for curing ballots:

“

(d) (1) A minimum of eight days prior to the certification of the election, the elections official shall provide notice to all voters identified pursuant to subdivision (c) of the opportunity to verify their signatures no later than 5 p.m. two days prior to the certification of the election. ... (4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied: (A) The voter delivers, in person, by mail, by fax, or by email, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box. (B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voter’s record. (i) If upon conducting the comparison of signatures 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. (ii) If upon conducting the comparison of the signatures the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope. ... (e) (1) (A) Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following: (i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election. (ii) No later than 5 p.m. two days prior the certification of the election, completes and submits an unsigned ballot statement[.] ... (iii) Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box. (B) A minimum of eight days prior to the certification of the election, the elections official shall provide notice and instructions to all voters identified pursuant to this subdivision of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. (C) If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voter’s signature on the statement in the manner provided by this section. (i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office. (ii) If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).

”

See law: California Elections Code, Section 3019

Colorado

As of November 2022, Colorado law included the following provision for rejecting absentee/mail-in ballots:

“

A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (5) of this section.

”

See law: Colorado Revised Statutes, Section 1-7.5-204. Preparing to count mail ballots - rejections.

Connecticut

As of November 2022, Connecticut law included the following provision for rejecting absentee/mail-in ballots:

“

(c) If the name of the applicant returning the ballot is not on the official checklist for any polling place in such municipality, the registrars shall endorse on the face of such outer envelope the word “rejected”, followed by a statement of the reasons for rejection, and the outer envelope shall not be opened or the ballot counted. (4) If the name of an applicant returning a ballot has been checked on the official checklist as having voted in person the absentee ballot counters shall, in checking the ballots, endorse on the face of the outer envelope the word “rejected” followed by a statement of the reason for rejection, and the outer envelope shall not be opened or the ballot counted. (d) Ballot rejected if inner envelope statement not executed. (1) If the statement on the inner envelope has not been signed as required by section 9-140a, such inner envelope shall not be opened or the ballot removed therefrom, and such inner envelope shall be replaced in the opened outer envelope which shall be marked “Rejected” and the reason therefor endorsed thereon by the counters. (2) If such statement is signed but the individual completing the ballot is an individual described in subsection (a) of section 9-23r and has not met the requirements of subsection (e) of section 9-23r, the counters shall replace the ballot in the opened inner envelope, replace the inner envelope in the opened outer envelope and mark “Rejected as an Absentee Ballot” and endorse the reason for such rejection on the outer envelope, and the ballot shall be treated as a provisional ballot for federal offices only, pursuant to sections 9-232i to 9-232o, inclusive.

”

See law: General Statutes of Connecticut Section 9-140c

Delaware

As of November 2022, Delaware law included the following provision for rejecting absentee/mail-in ballots:

“

(a) No vote shall be accepted or counted if any of the following occurs: (1) The signature of the voter that appears on the front of the ballot envelope is found to have been altered or the ballot envelope is not signed as required under § 5608A(a)(2) of this title. (2) The voter is not a duly registered elector in this State. (3) The ballot envelope is open. (4) It is evident that the ballot envelope has been opened and resealed. (5) It is evident that the ballot envelope has been tampered with or altered. (b) If the ballot envelope has not been opened at the time an election judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons under subsection (a) of this section, it must not be opened and the election judge shall endorse on the ballot envelope “REJECTED” and state the reason therefore. (c) If the ballot envelope has been opened at the time an election judge decides that the offered ballot contained therein should not be accepted or voted for any of the reasons under subsection (a) of this section, the ballot must be returned to its ballot envelope and the election judge shall endorse on the ballot envelope “REJECTED” and state the reason therefore. (d) Whenever it is made to appear by due proof to an election judge that any voter, who has marked and forwarded the voter’s ballot, has subsequently died, the ballot envelope containing the ballot must not be opened and the election judge shall record on the ballot envelope “REJECTED, DEAD” and must be preserved and disposed of as other rejected ballots. (e) Whenever a ballot has not been counted but has been rejected under this section, the appropriate notation must be made on the mail ballot tally and the number of ballots rejected must be noted on the certificates of election. (f) Ballots rejected under this section must be deposited in a carrier envelope for the election district to which they apply.

”

See law: Delaware Code Title 15 Chapter 56A § 5615A Rejected ballots

Florida

As of November 2022, Florida law included the following provision for rejecting absentee/mail-in ballots:

“

4. If any elector or candidate present believes that a vote-by-mail ballot is illegal due to a defect apparent on the voter’s certificate or the cure affidavit, he or she may, at any time before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of that ballot, specifying the precinct, the ballot, and the reason he or she believes the ballot to be illegal. A challenge based upon a defect in the voter’s certificate or cure affidavit may not be accepted after the ballot has been removed from the mailing envelope. 5. If the canvassing board determines that a ballot is illegal, a member of the board must, without opening the envelope, mark across the face of the envelope: “rejected as illegal.” The cure affidavit, if applicable, the envelope, and the ballot therein shall be preserved in the manner that official ballots are preserved.

”

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

Georgia

As of November 2022, Georgia law included the following provision for rejecting absentee/mail-in ballots:

“

(C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope "Rejected," giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least two years.

”

See law: GA Code § 21-2-386 (2019)

Hawaii

As of November 2022, Hawaii law included the following provision for rejecting absentee/mail-in ballots:

“

(c) Before opening the return and ballot envelopes and counting the ballots, the return envelopes shall be checked for the following: (1) Signature on the affirmation statement; (2) Whether the signature corresponds with the absentee request or register as prescribed in the rules adopted by the chief election officer; and (3) Whether the person is a registered voter and has complied with the requirements of sections 11-15 and 11-16. (d) If any requirement listed in subsection (c) is not met or if the return or ballot envelope appears to be tampered with, the clerk or the absentee ballot team official shall mark across the face of the envelope ""invalid"" and it shall be kept in the custody of the clerk and disposed of as prescribed for ballots in section 11-154.

”

See law: HI Rev Stat § 15-9 (2019)

Idaho

As of November 2022, Idaho law included the following provision for rejecting absentee/mail-in ballots:

“

if the receiving judges determine, that the affidavit accompanying the absent elector’s ballot is insufficient, or that the elector is not a qualified registered elector the envelope containing the ballot of such elector shall not be opened and the judges shall endorse on the back of the envelope the reason therefor. If an absent elector’s envelope contains more than one (1) marked ballot of any one (1) kind, none of such ballots shall be counted and the judges shall make notations on the back of the ballots the reason therefor. Judges of election shall certify in their returns the number of absent electors’ ballots cast and counted and the number of such ballots rejected.

”

See law: Idaho Statutes Title 34 Chapter 10 Section 34-1009

Illinois

As of November 2022, Illinois law included the following provision for rejecting absentee/mail-in ballots:

“

If the election judge or official determines that the signatures do not match, or that the vote by mail voter is not qualified to cast a vote by mail ballot, then without opening the certification envelope, the judge or official shall mark across the face of the certification envelope the word ""Rejected"" and shall not cast or count the ballot. In addition to the voter's signatures not matching, a vote by mail ballot may be rejected by the election judge or official: (1) if the ballot envelope is open or has been opened and resealed; (2) if the voter has already cast an early or grace period ballot; (3) if the voter voted in person on election day or the voter is not a duly registered voter in the precinct; or (4) on any other basis set forth in this Code. If the election judge or official determines that any of these reasons apply, the judge or official shall mark across the face of the certification envelope the word ""Rejected"" and shall not cast or count the ballot.

”

See law: 10 ILCS 5/19-8

Indiana

As of November 2022, Indiana law included the following provision for rejecting absentee/mail-in ballots:

“

Sec. 13. (a) If the absentee ballot counters find under section 11 of this chapter that any of the following applies, the ballots shall be rejected: (1) The affidavit is insufficient or that the ballot has not been endorsed with the initials of: (A) the two (2) members of the absentee voter board in the office of the clerk of the circuit court under IC 3-11-4-19 or IC 3-11-10-27; (B) the two (2) members of the absentee voter board visiting the voter under IC 3-11-10-25; or (C) the two (2) appointed members of the county election board or their designated representatives under IC 3-11-4-19. (2) The signatures do not correspond or there is no signature. (3) The absentee voter is not a qualified voter in the precinct. (4) The absentee voter has voted in person at the election. (5) The absentee voter has not registered. (6) The ballot is open or has been opened and resealed. This subdivision does not permit an absentee ballot transmitted by fax or electronic mail under IC 3-11-4-6 to be rejected because the ballot was sealed in the absentee ballot envelope by the individual designated by the circuit court to receive absentee ballots transmitted by fax or electronic mail. (7) The ballot envelope contains more than one (1) ballot of any kind for the same office or public question. (8) In case of a primary election, if the absentee voter has not previously voted, the voter failed to execute the proper declaration relative to age and qualifications and the political party with which the voter intends to affiliate. (9) The ballot has been challenged and there is no absentee ballot application from the voter to support the absentee ballot.

”

See law: IN Code § 3-11.5-4-13 (2019)

Iowa

As of November 2022, Iowa law included the following provision for rejecting absentee/mail-in ballots:

“

1. a. If the absentee voter’s affidavit lacks the voter’s signature, if the applicant is not a duly registered voter on election day in the precinct where the absentee ballot was cast, if the envelope marked with the affidavit contains more than one ballot of any one kind, or if the voter has voted in person, such vote shall be rejected by the absentee and special voters precinct board. If the affidavit envelope or return envelope marked with the affidavit is open, or has been opened and resealed, or if the ballot is not enclosed in such envelope, and an affidavit envelope or return envelope marked with the affidavit with the same serial number and marked “Replacement ballot” is not attached as provided in section 53.18, the ballot shall be rejected by the absentee and special voters precinct board. b. If a voter casts a provisional ballot pursuant to section 49.78, subsection 7, and the voter has failed to establish the voter’s identity at the commissioner’s office, the provisional ballot shall be rejected by the absentee and special voters precinct board. 2. If the absentee or provisional ballot is rejected prior to the opening of the affidavit envelope or return envelope marked with the affidavit, the voter casting the ballot shall be notified by a precinct election official by the time the canvass is completed of the reason for the rejection on a form prescribed by the state commissioner of elections.

”

See law: IA Code § 53.25 (2019)

Kansas

As of November 2022, Kansas law included the following provision for rejecting absentee/mail-in ballots:

“

(b) Rules for canvassers: (1) No ballot, or any portion thereof, shall be invalidated by any technical error unless it is impossible to determine the voter's intention. Determination of the voter's intention shall rest in the discretion of the board canvassing in the case of a canvass and in the election court in the case of an election contest. (2) The occurrences listed in this subpart (2) shall not invalidate the whole ballot but shall invalidate that portion, and that portion only, in which the occurrence appears. The votes on such portion of the ballot shall not be counted for any candidate listed or written in such portion, but the remainder of the votes in other portions of the ballot shall be counted. The occurrences to which this subpart (2) shall apply are: (A) Whenever a voting mark shall be made in the square at the left of the name of more than one candidate for the same office, except when the ballot instructs that more than one candidate is to be voted. (B) Whenever a voting mark is placed in the square at the left of a space where no candidate is listed. (3) When a registered voter has cast a provisional ballot intended for a precinct other than the precinct in which the voter resides but located within the same county, the canvassers shall count the votes for those offices or issues which are identical in both precincts. The canvassers shall not count the votes for those offices or issues which differ from the offices or issues appearing on the ballot used in the precinct in which the voter resides. (4) A write-in vote for those candidates for the offices of governor and lieutenant governor shall not be counted unless the pair of candidates have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto, and: (A) Both candidates' names are written on the ballot; or (B) only the name of the candidate for governor is written on the ballot. (5) A write-in vote for those candidates for the offices of president and vice-president shall not be counted unless the pair of candidates have filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto, and: (A) Both candidates' names are written on the ballot; or (B) only the name of the candidate for president is written on the ballot. (6) A write-in vote for candidates for state offices elected on a statewide basis other than offices subject to paragraph (4) shall not be counted unless the candidate has filed an affidavit of candidacy pursuant to K.S.A. 25-305, and amendments thereto. (7) Any advance voting or mail ballot whose envelope containing the voter's written declaration is unsigned, shall be wholly void and no vote thereon shall be counted. (8) No ballot cast shall be counted if the voter fails to provide valid identification as defined by K.S.A. 25-2908, and amendments thereto.

”

See law: Kansas Statutes 25-3002

Kentucky

As of November 2022, Kentucky law included the following provision for rejecting absentee/mail-in ballots:

“

All unsigned absentee ballots shall be rejected automatically.  The chairman of the county board of elections shall compare the signatures on the outer envelope and the detachable flap with the signature of the voter that appears on the registration card.  If the outer envelope and the detachable flap are found to be in order, the chairman shall read aloud the name of the voter.  If the vote of the voter is not rejected on a challenge then made as provided in subsection (4) of this section, the chairman shall remove the detachable flap and place the inner envelope unopened in a ballot box which has been provided for the purpose.

”

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

Louisiana

As of November 2022, Louisiana law included the following provision for rejecting absentee/mail-in ballots:

“

(3)(a) If the board determines that an absentee by mail ballot is valid, a member of the board shall make a check mark on the absentee by mail voter report beside the name of the voter as it appears on the report and write his initials on each page of the report. If applicable, a member of the board shall tear the flap from the envelope containing the absentee by mail ballot and leave the envelope sealed. (4) If a majority of the members of the board determine that an absentee by mail ballot is invalid, the members shall leave the flap on the envelope containing the absentee by mail ballot, leave the envelope sealed, and a member of the board shall write the word ""rejected"", together with the reasons for rejecting the ballot, across the envelope containing the ballot or across the certificate attached to the special absentee by mail ballot. He shall also write the word ""rejected"" and his initials on the absentee by mail voter report beside the name of the voter as it appears in the report. The rejected absentee by mail ballots and certificates shall be replaced in the special absentee by mail and early voting ballot envelope or container. No rejected absentee by mail ballot shall be counted.

”

See law: Louisiana Revised Statutes 18:1313.1

Maine

As of November 2022, Maine law included the following provision for rejecting absentee/mail-in ballots:

“

3. Rejected if incorrect. The warden may not open the envelope and shall write ""Rejected"" on it, the reason why and the warden's initials if the warden finds that: A. The signatures do not appear to have been made by the same person and the discrepancy is not the result of the voter's having obtained assistance under section 753-A, subsection 5 or section 754-A, subsection 3, in cases where an application is required; [PL 1999, c. 645, §9 (AMD).] B. The affidavit is not properly completed; [PL 1985, c. 161, §6 (NEW).] C. The person is not registered or enrolled where necessary; [PL 1985, c. 161, §6 (NEW).] D. The voter has voted in person; or [PL 1985, c. 161, §6 (NEW).] E. The ballot was received by the clerk after the deadline. [PL 1985, c. 161, §6 (NEW).]

”

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

Maryland

As of November 2022, Maryland law included the following provision for rejecting absentee/mail-in ballots:

“

(3) The local board shall reject an absentee ballot if: (i) the voter failed to sign the oath on the ballot envelope; (ii) the local board received more than one ballot from the same individual for the same election in the same ballot envelope; or (iii) the local board determines that an absentee ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.

”

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

Massachusetts

As of November 2022, Massachusetts law included the following provision for rejecting absentee/mail-in ballots:

“

If he finds that such affidavit has been improperly executed, or does not sufficiently indicate that the ballot was marked and mailed or delivered as required by sections ninety-two and ninety-three, or except as provided in the preceding sentence was not signed by the person who signed the application therefor, he shall mark across the face thereof Rejected as defective, and shall place on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be, opposite the name of the voter the capital letter R. Each envelope, so marked, all applications for absent voter ballots and all lists referred to in this section shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots. If he does not mark the envelope Rejected as defective, he shall mark a check against the name of the voter on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be. Said clerk, or such person, shall record on tally sheets prepared and furnished by the state secretary all envelopes, as well as accepted or rejected ballots of absent voters; and, in cities and towns divided into voting precincts, a separate record shall be made for each precinct.

”

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

Michigan

As of November 2022, Michigan law included the following provision for rejecting absentee/mail-in ballots:

“

If upon an examination of the envelope containing an absent voter's ballot or ballots, it is determined that the signature on the envelope does not agree sufficiently with the signature on the registration card or the digitized signature contained in the qualified voter file as provided under section 766 so as to identify the voter or if the board shall have knowledge that the person voting the ballot or ballots has died, or if it is determined by a majority of the board that such vote is illegal for any other reason, then such vote shall be rejected, and thereupon some member of the board shall, without opening the envelope, mark across the face of such envelope, "rejected as illegal", and the reason therefor. The statement shall be initialed by the chairman of the board of election inspectors. Said envelope and the ballot or ballots contained therein shall be returned to the city, township or village clerk and retained and preserved in the manner now provided by law for the retention and preservation of official ballots voted at such election.

”

See law: XLAMich. Comp. Laws Section 168.767WX

Minnesota

As of November 2022, Minnesota law included the following provision for rejecting absentee/mail-in ballots:

“

(b) The members of the ballot board shall mark the return envelope ""Accepted"" and initial or sign the return envelope below the word ""Accepted"" if a majority of the members of the ballot board examining the envelope are satisfied that: (1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application; (2) the voter signed the certification on the envelope; (3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as a number on the voter's absentee ballot application or voter record. If the number does not match, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted; (4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope; (5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and (6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh day before the election, by absentee ballot. The return envelope from accepted ballots must be preserved and returned to the county auditor. (c)(1) If a majority of the members of the ballot board examining a return envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return envelope ""Rejected,"" initial or sign it below the word ""Rejected,"" list the reason for the rejection on the envelope, and return it to the county auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by this section. Failure to place the ballot within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.

”

See law: Minnesota Statutes 203B.121 Subdivision 2

Mississippi

As of November 2022, Mississippi law included the following provision for rejecting absentee/mail-in ballots:

“

(1) If an affidavit or the certificate of the officer before whom the affidavit is taken is required and such affidavit or certificate is found to be insufficient, or if it is found that the signatures do not correspond, or that the applicant is not a duly qualified elector in the precinct, or otherwise qualified to vote, or that the ballot envelope is open or has been opened and resealed, or the voter is not eligible to vote absentee or that the voter is present and has voted within the precinct where he represents himself to be a qualified elector, or otherwise qualified to vote, on the date of the election at such precinct, the previously cast vote shall not be allowed. Without opening the voter’s envelope the commissioners of election, designated executive committee members or election managers, as appropriate, shall mark across its face “REJECTED”, with the reason therefor. (2) If the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked “REJECTED”, with the reason therefor. The voter’s envelopes and affidavits, and the voter’s envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged. (3) If an affidavit is required and the officials find that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened and a commissioner or executive committee member shall write across the face of the envelope “REJECTED” giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.

”

See law: MS Code § 23-15-641 (2019)

Missouri

As of November 2022, Missouri law included the following provision for rejecting absentee/mail-in ballots:

“

Absentee ballots not eligible to be counted, when, procedure. — 1. All proper votes on each absentee ballot received by an election authority at or before the time fixed by law for the closing of the polls on election day shall be counted. Except as provided in section 115.920, no votes on any absentee ballot received by an election authority after the time fixed by law for the closing of the polls on election day shall be counted. 2. If sufficient evidence is shown to an election authority that any absentee voter has died prior to the opening of the polls on election day, the ballot of the deceased voter shall be rejected if it is still sealed in the ballot envelope. Any ballot so rejected, still sealed in its ballot envelope, shall be sealed with the application and any other papers connected therewith in an envelope marked ""Rejected ballot of ______, an absentee voter of ______ voting district"". The reason for rejection shall be noted on the envelope, which shall be kept by the election authority with the other ballots from the election until the ballots are destroyed according to law.

”

See law: MO Rev Stat § 115.293 (2019)

Montana

As of November 2022, Montana law included the following provision for rejecting absentee/mail-in ballots:

“

(b) If the elector is legally registered and the signature on the signature envelope matches the signature on the absentee ballot application or on the elector's voter registration form, the election administrator or an election judge shall handle the ballot as a regular ballot. (c) (i) If the elector is provisionally registered and the signature on the signature envelope matches the signature on the absentee ballot application or on the elector's voter registration form, the election administrator or an election judge shall open the outer signature envelope and determine whether the elector's voter identification and eligibility information, if enclosed pursuant to 13-13-201, is sufficient pursuant to rules adopted under 13-2-109 to legally register the elector. (ii) If the voter identification and eligibility information is sufficient to legally register the elector, the ballot must be handled as a regular ballot. (iii) If voter identification or eligibility information was not enclosed or the information enclosed is insufficient to legally register the elector, the ballot must be handled as a provisional ballot under 13-15-107. (2) If a voted absentee ballot has not been placed in a secrecy envelope, the election administrator shall place the ballot in a secrecy envelope without examining the ballot. (3) In a primary election, if unvoted party ballots are returned by a voter, they must be separated and handled pursuant to 13-1-303 and 13-12-202. (4) If an elector's ballot is to be handled as a provisional ballot, the election administrator shall notify the absentee elector as provided in 13-13-245. (5) If the signature on the absentee ballot signature envelope does not match the signature on the absentee ballot request form or on the elector's voter registration form or if there is no signature on the absentee ballot signature envelope, the election administrator shall notify the elector as provided in 13-13-245. (6) If at any point there is a question concerning the validity of a particular ballot, the question must be resolved as provided in 13-13-245. """

”

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

Nebraska

As of November 2022, Nebraska law included the following provision for rejecting absentee/mail-in ballots:

“

(3) In its review, the counting board shall determine if: (a) The voter has provided his or her name, residence address, and signature on the voter identification envelope; (b) The ballot has been received from the voter who requested it and the residence address is the same address provided on the voter's request for a ballot for early voting, by comparing the information provided on the identification envelope with information recorded in the record of early voters or the voter's request; (c) A completed and signed registration application has been received from the voter by the deadline in section 32-302, 32-321, or 32-325 or by the close of the polls pursuant to section 32-945; (d) An identification document has been received from the voter not later than the close of the polls on election day if required pursuant to section 32-318.01; and (e) A completed and signed registration application and oath has been received from the voter by the close of the polls on election day if required pursuant to section 32-946. (4) On the basis of its review, the counting board shall determine whether the ballot shall be counted or rejected as follows: (a) A ballot received from a voter who was properly registered on or prior to the deadline for registration pursuant to section 32-302 or 32-321 shall be accepted for counting without further review if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot for early voting has been issued or sent; (ii) The residence address provided on the identification envelope is the same residence address at which the voter is registered or is in the same precinct and subdivision of a precinct, if any; and (iii) The identification envelope has been signed by the voter; (b) In the case of a ballot received from a voter who was not properly registered prior to the deadline for registration pursuant to section 32-302 or 32-321, the ballot shall be accepted for counting if: (i) A valid registration application completed and signed by the voter has been received by the election commissioner or county clerk prior to the close of the polls on election day; (ii) The name on the identification envelope appears to be that of the person who requested the ballot; (iii) The residence address provided on the identification envelope and on the registration application is the same as the residence address as provided on the voter's request for a ballot for early voting; and (iv) The identification envelope has been signed by the voter; (c) In the case of a ballot received from a voter without a residence address who requested a ballot pursuant to section 32-946, the ballot shall be accepted for counting if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot has been sent; (ii) A valid registration application completed and signed by the voter, for whom the residence address is deemed to be the address of the office of the election commissioner or county clerk pursuant to section 32-946, has been received by the election commissioner or county clerk prior to the close of the polls on election day; (iii) The oath required pursuant to section 32-946 has been completed and signed by the voter and received by the election commissioner or county clerk by the close of the polls on election day; and (iv) The identification envelope has been signed by the voter; and (d) In the case of a ballot received from a registered voter required to present identification before voting pursuant to section 32-318.01, the ballot shall be accepted for counting if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot has been issued or sent; (ii) The residence address provided on the identification envelope is the same address at which the voter is registered or is in the same precinct and subdivision of a precinct, if any; (iii) A copy of an identification document authorized in section 32-318.01 has been received by the election commissioner or county clerk prior to the close of the polls on election day; and (iv) The identification envelope has been signed by the voter. (5) In opening the identification envelope or the return envelope to determine if registration applications, oaths, or identification documents have been enclosed by the voters from whom they are required, the counting board shall make a good faith effort to ensure that the ballot remains folded and that the secrecy of the vote is preserved.

”

See law: Nebraska Revised Statutes 32-1027

Nevada

As of November 2022, Nevada law included the following provision for rejecting absentee/mail-in ballots:

“

1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected. 2.  The regulations for counting ballots must include provisions that: (a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot. (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot. (c) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots. (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot. (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope."""

”

See law: Nevada Revised Statutes 293.367

New Hampshire

As of November 2022, New Hampshire law included the following provision for rejecting absentee/mail-in ballots:

“

If the moderator finds that the absentee voter is not entitled to vote, the moderator shall not open the envelope and shall mark across the face of the envelope the reason the ballot is rejected, such as "rejected as not a voter" "voted in person," "affidavit improperly executed," "not signed by proper person," or whatever the reason is and shall record next to the name of the absentee voter on the clerk's list of absentee voter applicants prepared pursuant to RSA 657:15 the word "rejected" and the reason for the rejection. The clerk shall record this information in the statewide centralized voter registration database. The moderator shall save all the unopened envelopes and shall preserve the envelopes with the ballots cast at the election as provided in RSA 659:101.

”

See law: New Hampshire Statutes Section 659:53

New Jersey

As of November 2022, New Jersey law included the following provision for rejecting absentee/mail-in ballots:

“

The county board shall reject such a ballot if it is not satisfied, pursuant to a comparison with the Statewide voter registration system, that the voter is legally entitled to vote and that the ballot conforms with the requirements of this act. In the case of a mail-in ballot to be voted at a primary election for the general election, the ballot shall be rejected if the mail-in voter has indicated in the certificate the voter's intention to vote in a primary election of any political party in which the voter is not entitled to vote according to the Statewide voter registration system, and if it shall appear from the record that the voter is not entitled to vote in a primary election of the political party which has been so indicated. Any mail-in ballot which is received by a county board of elections shall be rejected if both the inner and outer envelopes are unsealed or if either envelope has a seal that has been tampered with. Disputes about the qualifications of a mail-in voter to vote or about whether or not or how any mail-in ballot shall be counted in such election shall be referred to the Superior Court for determination.

”

See law: NJ Rev Stat § 19:63-17 (2019)

New Mexico

As of November 2022, New Mexico law included the following provision for rejecting absentee/mail-in ballots:

“

B. If the voter's signature or the required voter identification is missing, the presiding judge shall write "Rejected" on the front of the official mailing envelope. The judge or election clerk shall enter the voter's name in the signature rosters or register and shall write the notation "Rejected--Missing Signature" or "Rejected--Missing Required Voter Identification" in the "Notations" column of the register. The presiding judge shall place the official mailing envelope unopened in a container provided for rejected ballots.

”

See law: NM Stat § 1-6-14 (2019)

New York

As of November 2022, New York law included the following provision for rejecting absentee/mail-in ballots:

“

(A) If a person whose name is on an envelope as a voter has already voted in person at such election, or if his or her name and residence as stated on the envelope are not on a registration poll record, or the computer generated list of registered voters or the list of special presidential voters, or if there is no name on the envelope, or if the envelope is not sealed, such envelope shall be laid aside unopened. (B) If there is more than one ballot envelope executed by the same voter, the one bearing the later date of execution shall be accepted and the other rejected. If it cannot be determined which envelope bears the later date, then all such envelopes shall be rejected. (C) If such person is found to be registered and has not voted in person, an inspector shall compare the signature, if any, on each envelope with the signature, if any, on the registration poll record, the computer generated list of registered voters or the list of special presidential voters, of the person of the same name who registered from the same address. If the signatures are found to correspond, such inspector shall certify thereto by placing his or her initials in the space provided in the computer generated list of registered voters. (D) If such person is found to be registered and has not voted in person, and if no challenge is made, or if a challenge made is not sustained, the envelope shall be opened, the ballot or ballots withdrawn without unfolding, and the ballot or ballots deposited in the proper ballot box or boxes, or envelopes, provided however that, in the case of a primary election, the ballot shall be deposited in the box only if the ballot is of the party with which the voter is enrolled according to the entry on the back of his or her registration poll record or in the computer generated registration list; if not, the ballot shall be rejected without inspection or unfolding and shall be returned to the envelope which shall be endorsed ""not enrolled."" At the time of the deposit of such ballot or ballots in the box or envelopes, the inspectors shall enter the words ""absentee vote"" or ""military vote"" in the space reserved for the voter's signature on the aforesaid list or in the ""remarks"" space as appropriate, and shall enter the year and month of the election on the same line in the spaces provided therefor. (E) As each envelope is opened, if one or more of the different kinds of ballots to be voted at the election are not found therein, the clerks, or inspectors, shall make a memorandum showing what ballot or ballots are missing. If a ballot envelope shall contain more than one ballot for the same offices, all the ballots in such envelope shall be rejected. When the casting of such ballots shall have been completed the clerks or inspectors shall ascertain the number of such ballots of each kind which have been deposited in the ballot box by deducting from the number of envelopes opened the number of missing ballots, and shall make a return thereof. The number of absentee voters' ballots deposited in the ballot box shall be added to the number of other ballots deposited in the ballot box, in order to determine the number of all ballots of each kind to be accounted for in the ballot box.

”

See law: NY Elec L § 9-209 (2019)

North Carolina

As of November 2022, North Carolina law included the following provision for rejecting absentee/mail-in ballots:

“

If the affidavit on the outer envelope of a returned absentee ballot is found to be insufficient, or that the signatures on the application and affidavit do not correspond, or that the applicant is not then a duly qualified elector of the precinct, the vote may not be allowed, but without opening the absent voter's envelope, the election inspector or election judge shall mark across the face thereof “rejected as defective” or “rejected as not an elector”, as the case may be.  These rejected ballots are then turned over to the county canvassing board for final determination of eligibility.  The subsequent death of an absentee voter after having voted by absentee ballot does not constitute grounds for rejecting the ballot.

”

See law: North Dakota Century Code Title 16.1. Elections § 16.1-07-12.

North Dakota

As of November 2022, North Dakota law included the following provision for rejecting absentee/mail-in ballots:

“

If the affidavit on the outer envelope of a returned absentee ballot is found to be insufficient, or that the signatures on the application and affidavit do not correspond, or that the applicant is not then a duly qualified elector of the precinct, the vote may not be allowed, but without opening the absent voter's envelope, the election inspector or election judge shall mark across the face thereof “rejected as defective” or “rejected as not an elector”, as the case may be.  These rejected ballots are then turned over to the county canvassing board for final determination of eligibility.  The subsequent death of an absentee voter after having voted by absentee ballot does not constitute grounds for rejecting the ballot.

”

See law:North Dakota Century Code Title 16.1. Elections § 16.1-07-12.

Ohio

As of November 2022, Ohio law included the following provision for rejecting absentee/mail-in ballots:

“

If election officials find that any of the following are true concerning an absent voter's ballot or absent voter's presidential ballot and, if applicable, the person did not provide any required additional information to the board of elections not later than the seventh day after the day of the election, as permitted under division (D)(3)(b) or (E)(2) of section 3509.06 of the Revised Code, the ballot shall not be accepted or counted: (A) The statement accompanying the ballot is incomplete as described in division (D)(3)(a) of section 3509.06 of the Revised Code or is insufficient; (B) The signatures do not correspond with the person's registration signature; (C) The applicant is not a qualified elector in the precinct; (D) The ballot envelope contains more than one ballot of any one kind, or any voted ballot that the elector is not entitled to vote; (E) Stub A is detached from the absent voter's ballot or absent voter's presidential ballot; or (F) The elector has not included with the elector's ballot any identification required under section 3509.05 or 3511.09 of the Revised Code.

”

See law: Ohio Rev Code § 3509.07 (2019)

Oklahoma

As of November 2022, Oklahoma law did not have a provision for challenging ballots.

Oregon

As of November 2022, Oregon law included the following provision for rejecting absentee/mail-in ballots:

“

(8) A ballot shall be counted only if: (a) It is returned in the return identification envelope; (b) The envelope is signed by the elector to whom the ballot is issued, unless a certified statement is submitted under ORS 254.431; and (c) The signature is verified as provided in subsection (9) of this section. (9) The county clerk shall verify the signature of each elector on the return identification envelope with the signature on the elector’s registration record, according to the procedure provided by rules adopted by the Secretary of State. If the county clerk determines that an elector to whom a replacement ballot has been issued has voted more than once, the county clerk shall count only one ballot cast by that elector.

”

See law: OR Rev Stat § 254.470 (2019)

Pennsylvania

Note: On November 5, 2022, the Pennsylvania Supreme Court ruled that undated or incorrectly dated absentee/mail ballots would be rejected if dated before or after certain dates. To read more about that ruling, click here.

As of November 2022, Pennsylvania law included the following provision for rejecting absentee/mail-in ballots:

“

(d) Whenever it shall appear by due proof that any absentee elector who has returned his ballot in accordance with the provisions of this act has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be rejected by the canvassers but the counting of the ballot of an elector thus deceased shall not of itself invalidate any nomination or election. (e) At such time the local election board shall then further examine the declaration on each envelope not so set aside and shall compare the information thereon with that contained in the “Registered Absentee Voters File,” the absentee voters' list and the “Military Veterans and Emergency Civilians Absentee Voters File.”  If the local election board is satisfied that the declaration is sufficient and the information contained in the “Registered Absentee Voters File,” the absentee voters' list and the “Military Veterans and Emergency Civilians Absentee Voters File” verifies his right to vote, the local election board shall announce the name of the elector and shall give any watcher present an opportunity to challenge any absentee elector

”

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

Rhode Island

As of November 2022, Rhode Island law included the following provision for rejecting absentee/mail-in ballots:

“

The board of elections shall, on its own motion, disqualify any mail ballot which it determines, based upon a preponderance of the evidence, was not voted by the elector who purportedly cast it, or was voted by an elector who was not eligible to vote by mail ballot, or was not obtained and voted in the manner prescribed by this chapter. The board of elections may take this action even in the absence of a challenge to the ballot and may take this action at any time prior to the separation of the ballot from its application and certifying envelope.

”

See law: Rhode Island General Laws § 17-20-33. Disqualification of ballot by board of elections.

South Carolina

As of November 2022, South Carolina law included the following provision for rejecting absentee/mail-in ballots:

“

A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county board of voter registration and elections after time for closing of the polls.

”

See law: SC Code § 7-15-420 (2019)

South Dakota

As of November 2022, South Dakota law included the following provision for rejecting absentee/mail-in ballots:

“

The board shall enter the voter's name on the election pollbook and mark the registration list if: (1) The ballots received were voted by the voter whose name appears on the statement; (2) The voter is registered in such precinct and has not previously voted in that precinct at the election; and (3) The written application and statement were both signed by the voter.

”

See law: SD Codified L § 12-19-10 (2019)

Tennessee

As of November 2022, Tennessee law included the following provision for rejecting absentee/mail-in ballots:

“

(a) Only ballots provided in accordance with this title may be counted. The judges shall write “Void” on others and sign them. (b) If the voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter's choice for any office to be filled or on a question, the voter's ballot shall not be counted for such office and shall be marked “Uncounted” beside the office and be signed by the judges. It shall be counted so far as it is properly marked or so far as it is possible to determine the voter's choice. (c) If two (2) ballots are rolled up together or are folded together, they shall not be counted. The judges shall write on them “Void” and the reason and sign them. (d) Any ballot marked by the voter for identification shall not be counted. The judges shall write on it “Void” and the reason and sign it. (e) Ballots which are not counted shall be kept together and shall be bundled separately from the ballots which are counted. (f) [Deleted by 2019 amendment.] (g) Notwithstanding any other provision of law to the contrary, if a voter marks a paper or optical scan ballot with a cross, “x”, checkmark or any other appropriate mark within the square, circle or oval to the right of the candidate's name, or any place within the space in which the name appears, indicating an intent to vote for that candidate, it is a vote for the candidate whose name it is opposite. Underlining or circling the candidate's name would also constitute a vote. Any apparent erasure of a mark next to the name of a candidate may not be counted as a vote for that candidate if the voter makes another mark next to the name of one (1) or more different candidates for the same office and counting of the mark would result in an excess number of votes cast for the office. (h) If a voter casts more than one (1) vote for the same candidate for the same office, the first vote is valid and the remaining votes are invalid. (i)(1) Any person attempting to be elected by write-in ballots shall complete a notice requesting such person's ballots be counted in each county of the district no later than twelve o'clock (12:00) noon, prevailing time, fifty (50) days before the general election. Such person shall only have votes counted in counties where such notice was completed and timely filed. The notice shall be on a form prescribed by the coordinator of elections and shall not require signatures of any person other than the write-in candidate requesting ballots be counted. The coordinator of elections shall distribute such form to the county election commissions. Upon timely receiving the notice required by this subsection (i), the county election commission shall promptly inform the state coordinator of elections, the registry of election finance, as well as all other candidates participating in the affected election. A write-in candidate may withdraw the notice by filing a letter of withdrawal in the same manner as the original notice was filed no later than the fifth day before the election. (2) A candidate defeated in a primary election shall not complete a notice requesting write-in ballots to be counted in the general election under subdivision (i)(1), and any write-in votes cast for the candidate in the general election must not be counted.

”

See law:TN Code § 2-7-133 (2019)

Texas

As of November 2022, Texas law included the following provision for rejecting absentee/mail-in ballots:

“

(b) A ballot may be accepted only if: (1) the carrier envelope certificate is properly executed; (2) neither the voter's signature on the ballot application nor the signature on the carrier envelope certificate is determined to have been executed by a person other than the voter, unless signed by a witness; (3) the voter's ballot application states a legal ground for early voting by mail; (4) the voter is registered to vote, if registration is required by law; (5) the address to which the ballot was mailed to the voter, as indicated by the application, was outside the voter's county of residence, if the ground for early voting is absence from the county of residence; (6) for a voter to whom a statement of residence form was required to be sent under Section 86.002(a), the statement of residence is returned in the carrier envelope and indicates that the voter satisfies the residence requirements prescribed by Section 63.0011; and (7) the address to which the ballot was mailed to the voter is an address that is otherwise required by Sections 84.002 and 86.003.

”

See law: TX Elec Code § 87.041 (2019)

Utah

As of November 2022, Utah law included the following provision for rejecting absentee/mail-in ballots:

“

(3) If the poll workers determine that the affidavit is insufficient, or that the signatures do not correspond, or that the applicant is not a registered voter in the voting precinct, they shall: (a) disallow the vote; and (b) without opening the absentee voter envelope, mark across the face of the envelope: (i) ""Rejected as defective""; or (ii) ""Rejected as not a registered voter.

”

See law: UT Code § 20A-3-308 (2019)

Vermont

As of November 2022, Vermont law included the following provision for rejecting absentee/mail-in ballots:

“

(3)(A) If the early voter is a first-time voter who registered by mail or online, two election officials from different political parties shall determine whether the identification required under subdivision 2563(1) of this title has been submitted by the voter. Upon ascertaining that the proper identification has been submitted by the voter, the election officials shall mark the checklist, open the certificate envelope, turn the certificate side face down, and hand the envelope face down to a third election official who shall remove the ballots from the envelopes and deposit the ballot in the ballot box or vote tabulator. (B) If the proper identification has not been submitted, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter.

”

See law:17 V.S.A. § 2546

Virginia

As of November 2022, Virginia law included the following provision for rejecting absentee/mail-in ballots:

“

After the voter has marked his absentee ballot, he shall (a) enclose the ballot in the envelope provided for that purpose, (b) seal the envelope, (c) fill in and sign the statement printed on the back of the envelope in the presence of a witness, who shall sign the same envelope, (d) enclose the ballot envelope and any required assistance form within the envelope directed to the general registrar, and (e) seal that envelope and mail it to the office of the general registrar or deliver it personally to the general registrar. A voter's failure to provide in the statement on the back of the envelope his full middle name or his middle initial shall not be a material omission, rendering his ballot void, unless the voter failed to provide in the statement on the back of the envelope his full first and last name. A voter's failure to provide the date, or any part of the date, including the year, on which he signed the statement printed on the back of the envelope shall not be considered a material omission and shall not render his ballot void. For purposes of this chapter, ""mail"" shall include delivery by a commercial delivery service, but shall not include delivery by a personal courier service or another individual except as provided by §§ 24.2-703.2 and 24.2-705. Failure to follow the procedures set forth in this section shall render the applicant's ballot void.

”

See law:Code of Virginia § 24.2-707

Washington

As of November 2022, Washington law included the following provision for rejecting absentee/mail-in ballots:

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If he finds that such affidavit has been improperly executed, or does not sufficiently indicate that the ballot was marked and mailed or delivered as required by sections ninety-two and ninety-three, or except as provided in the preceding sentence was not signed by the person who signed the application therefor, he shall mark across the face thereof Rejected as defective, and shall place on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be, opposite the name of the voter the capital letter R. Each envelope, so marked, all applications for absent voter ballots and all lists referred to in this section shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots. If he does not mark the envelope Rejected as defective, he shall mark a check against the name of the voter on the absent voting disposition list required by section ninety-one or section ninety-one A, as the case may be. Said clerk, or such person, shall record on tally sheets prepared and furnished by the state secretary all envelopes, as well as accepted or rejected ballots of absent voters; and, in cities and towns divided into voting precincts, a separate record shall be made for each precinct.

”

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

West Virginia

As of November 2022, West Virginia law did not have a provision for challenging ballots.

Wisconsin

As of November 2022, Wisconsin law included the following provision for rejecting absentee/mail-in ballots:

“

(b) When the inspectors find that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind or, except in municipalities where absentee ballots are canvassed under s. 7.52, that the certificate of a military or overseas elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted to the inspectors that an elector voting an absentee ballot has since died, the inspectors shall not count the ballot. The inspectors shall endorse every ballot not counted on the back, “rejected (giving the reason)". The inspectors shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The inspectors shall endorse the envelope, “rejected ballots" with a statement of the ward or election district and date of the election, signed by the chief inspector and one of the inspectors representing each of the 2 major political parties and returned to the municipal clerk in the same manner as official ballots voted at the election.

”

See law:WI Stat § 6.88 (2019)

Wyoming

As of November 2022, Wyoming law included the following provision for rejecting absentee/mail-in ballots:

“

(a) After the judges of election are sworn in and as activity permits, the judges shall examine the affidavit onthe absentee ballot envelope to determine if it is legally sufficient. (b) If it is not, they shall write on the unopened inner envelope "REJECTED" and reasons for rejection. A rejected ballot envelope and the ballot therein shall be returned to the clerk who delivered it and retained by the clerk as required by state and federal law or until the final termination of any court action in which it may be involved, whichever is later, and then destroyed."

”

See law: WY Stat § 22-9-121 (2019)

Ballot curing

See also: Ballot curing rules by state, 2022

Absentee/mail-in ballots must meet a variety of state requirements to be verified and counted. All 50 states require voters to provide valid signatures on their absentee/mail-in ballot return documents. In the event of a missing signature or a discrepancy in signature matching, 24 states require officials to notify voters and allow voters to correct signature errors through a process called ballot curing. Ballot curing is a two-part process that involves notification and correction. States that do not have a ballot curing process do not count ballots with missing or mismatched signatures. The map below shows the 24 states with ballot curing provisions:

The sections below detail the notification and correction rules by state.

Arizona

Notification

Arizona law says, "Election officials shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature, and allow the voter to correct or the county to confirm the inconsistent signature."

Correction

Arizona law says, "Voters have until the fifth business day after an election to correct a signature." If a signature is missing altogether, "the county recorder or other officer in charge of elections shall make reasonable efforts to contact the elector, advise the elector of the missing signature, and allow the elector to add the elector's signature not later than 7:00 p.m. on Election Day."

California

Notification

California law says, "Voters of ballots with mismatching signatures are notified a minimum of eight days prior to certification of the election."

Correction

California law says, "Voters have until 5 p.m. two days prior to certification of the election to provide a signature verification statement in person. If a voter fails to sign the absentee ballot envelope, they have until 5 p.m. on the eighth day after the election to submit an unsigned ballot statement."

Colorado

Notification

Colorado law says, "Voters of ballots with missing/mismatching signatures are notified by mail within three days (or within two days after the election) of any discrepancy."

Correction

Colorado law says, "A confirmation form accompanying the letter must be returned to the county clerk and recorder within eight days after Election Day to count."

Florida

Notification

Florida law says, "County election supervisors shall notify any voter whose signature is missing or doesn’t match records."

Correction

Florida law says, "Voters may cure ballots until 5 p.m. on the second day after the election."

Georgia

Notification

Georgia law says, "If ballot is rejected, the voter is promptly notified of rejection."

Correction

Georgia law says, "The voter then has until 3 days after the election to submit voter ID in conjunction with an affidavit confirming the ballot was in fact theirs in order to cure the ballot."

Hawaii

Notification

Hawaii law says, "Local election officials shall make an attempt to notify the voter by first-class mail, telephone or electronic mail to inform the voter of the procedure to correct the deficiency."

Correction

Hawaii law says, "The voter shall have five business days after the date of the election to cure the deficiency."

Illinois

Notification

Illinois law says, "Voters are notified by mail of rejected ballot within two days of rejection."

Correction

Illinois law says, "Voters have until 14 days after election to resolve issue with county election authority."

Indiana

Notification

Indiana law specifies that election officials must notify an absentee voter of a signature mismatch determination within two business days after the determination is made by election officials.

Correction

Indiana law requires that, in the event of a signature mismatch, a voter submit a signed signature verification affidavit no later than noon eight days after Election Day.

Iowa

Notification

Iowa law says, "If a ballot affidavit is incomplete or absent, the commissioner must notify the voter within 24 hours."

Correction

Iowa law says, "A voter may vote a replacement ballot until the day before the election or vote at the voter’s precinct polling place."

Kentucky

Notification

Under Kentucky law, "Election officials shall make a reasonable effort to contact the voter and provide notice to the voter with a timeframe and manner in which the voter may cure his or her signature."

Correction

Under Kentucky law, "Voters have until the close of polls on Election Day to cure a signature."

Massachusetts

Notification

Massachusetts law says, "Prior to Election Day, the voter is notified and, if sufficient time allows, sent a new ballot if an affidavit signature is absent or the ballot is rejected for other reasons."

Correction

Massachusetts law says, "Voter can submit a new absentee ballot."

Minnesota

Notification

Minnesota law says, "If a ballot is rejected more than five days before Election Day a replacement ballot is mailed; if rejected within five days, election officials must contact the voter via telephone or email to provide options for voting a replacement ballot."

Correction

Minnesota law says, "Voter can request a replacement absentee ballot."

Montana

Notification

Montana law says, "Election administrators shall notify voters of missing or mismatched signatures."

Correction

Montana law says," Voters have until 8 p.m. on Election Day to cure their ballot."

Nevada

Notification

Nevada law says, "Local election officials shall notify voters of missing or mismatched signatures."

Correction

Nevada law says, "Voters have until the seventh day after the election to resolve the issue."

New Jersey

Notification

If election officials opt to reject a mail-in ballot on the basis of a missing or discrepant signature, officials must notify the voter of that fact within 24 hours and send along a cure form, by which the voter can remedy the defect that caused officials to reject the ballot.

Correction

A voter has until 5:00 p.m. on the ninth day following an election to return the cure form to election officials.

New York

Notification

New York law says, "Within one day of determining a ballot insufficient, election officials shall send to the voter’s address a notice explaining the reason for such rejection and the procedure to cure the rejection. The board shall also contact the voter by email or telephone if such information is available."

Correction

New York law says, "Voters have until the seventh business day after the board’s mailing or the day before the election, whichever is later, to correct a signature."

Ohio

Notification

Ohio law says, "Notice is mailed to voters whose ballots were rejected."

Correction

Ohio law says, "Voters have until the seventh day after the election to resolve issue."

Oregon

Notification

Oregon law says, "County clerks notify voters by mail of any signature absence or discrepancy."

Correction

Oregon law says, "Voters must complete and return the certified statement accompanying the notice by the 14th day after the election for their ballot to count."

Rhode Island

Notification

Rhode Island law says, "Local board of canvassers is responsible for notifying voters by mail, email or phone."

Correction

Rhode Island law says, "Voters have until seven days after Election Day to correct a deficiency."

Pennsylvania

Although Pennsylvania does not have statewide law requiring ballot curing, counties are permitted to do so. In September 2022, Commonwealth Court Judge Ellen H. Ceisler ruled that while the state election code did not require counties to cure ballots, the code did not forbid counties from curing ballots. On October 21, 2022, the Pennsylvania Supreme Court split 3-3 on the appeal, meaning Ceisler's ruling would stand. According to The Philadelphia Inquirer, counties may cure ballots in different ways. Some may contact voters directly, while others will ask political parties to contact voters. Counties may also still reject ballots rather than curing them.

Texas

Notification

Texas law says, "No later than the second business day after an early voting ballot board discovers a defect, the board shall determine if it’s possible for the voter to correct the defect and return the envelope before the polls close on Election Day. If the board determines it’s possible, the board shall return the envelope to the voter by mail. If the board determines that it would not be possible for the voter to correct the defect and return the ballot by mail, the board may notify the voter by telephone or email that the voter may request to have the voter’s application to vote by mail canceled or to come to the clerk’s office in person to correct the defect."

Correction

Texas law says, "Voters have until the close of polls on Election Day to return a cure by mail. Voters have until no later than the sixth day after Election Day to correct a defect in person at the clerk’s office."

Utah

Notification

Utah law says, "Election officials notify voters of ballot rejection in one to two business days if rejected before Election Day; seven days if rejected on Election Day; and seven days if rejected between Election Day and the end of official canvas."

Correction

Utah law says, "Voters must sign a new affidavit statement provided by the clerk’s office and return by 5 p.m. the day before the official canvass (seven-14 days after Election Day)."

Vermont

Notification

Vermont law says, "Not later than the next business day after deeming a ballot defective, the clerk shall transmit a notice to the voter informing the voter that the ballot was deemed defective and rejected, stating the reason it was deemed defective, and providing the voter with information to correct the error. If the defective ballot is identified within five business days before the election, the clerk is not required to mail a notice; instead, the clerk shall make a reasonable effort to provide notice to the voter as soon as possible using any contact information in the voter checklist."

Correction

Vermont law says, "Voters have until the close of polls on Election Day to cure a defective ballot."

Virginia

Notification

Under Virginia law, "For any absentee ballot received by the Friday immediately preceding the day of the election, if the general registrar finds during the examination of the ballot envelope that the required voter affirmation was not correctly or completely filled out or that a procedure required by § 24.2-707 was not properly followed, and such error or failure shall render the ballot void by law, the general registrar shall enter into the voter's record in the voter registration system that the absentee ballot has an issue requiring correction in order for it to be counted." The registrar must notify the voter in writing or by email within three days of such a finding.

Correction

Under Virginia law, upon being notified of an issue, a voter "shall be entitled to make such necessary corrections before noon on the third day after the election."

Washington

Notification

Washington law says, "Voters notified by mail of rejected ballots due to missing/mismatching signature statements."

Correction

Washington law says, "Voter must sign and return a curing statement before election certification (21 days after Election Day). Three days before certification, county auditors must attempt to contact by phone any voters with outstanding ballots to be cured."

See also

• Ballotpedia's 2020 Election Help Desk
• Ballotpedia's 2022 Election Help Desk: Processing and counting absentee/mail-in ballots