What happens if someone votes by mail and then tries to vote in person? (2020)
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According to The New York Times, an estimated 80 million Americans will vote by absentee/mail-in ballot in November 2020, which could account for as much as 35% of the total votes cast in the election. That figure is more than double the number from November 2016.[1] Many of these voters will be casting absentee/mail-in ballots for the first time.
On election day, voters may wonder whether officials have received their absentee/mail-in ballot and could consider also voting in-person just to make sure their vote gets counted. As with many other aspects of voting, how this is handled varies by state. Here are some examples:
- In the event that a mail ballot has already been received and counted, voters are not allowed to cast a ballot in person.[2]
- In the event that a mail ballot has not already been received and counted, states may:
- Allow voters to bring in their mail ballot. The mail ballot is then exchanged for an in-person ballot.[3]
- Allow voters to cast a provisional ballot. If the election agency determines that no mail ballot was cast, the provisional ballot is counted. If a mail ballot is received by the deadline, the mail ballot is counted and the provisional ballot is discarded.[4]
- Allow a voter to cast a ballot in person. Later, if a mail ballot is received by the appropriate deadline, state law determines the ballot counted in the final tally. In some states, the in-person vote is included in the final tally because it was received first.[5] In other states, voters can be bound to the vote they cast by mail.[6]
Election officials are responsible for ensuring that each vote cast is counted and that voters do not vote more than once. Voting twice in the same election is considered a felony in at least 28 states. In several other states, voting twice in the same election is considered a misdemeanor or infraction. Federal law prohibits voting more than once in federal elections, with a maximum penalty of $10,000 and/or five years in prison.[7]
The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.
More frequently asked questions about the 2020 election
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- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
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- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
Related articles
- What happens if you vote twice in the 2020 election? Nothing good. Here's what to know - CNet, September 13, 2020
- What are the consequences of voting twice in an election? - The Hill, September 12, 2020
- Is Voting Twice a Felony? - The New York Times, September 9, 2020
- Double Voting - National Conference of State Legislatures, September 3, 2020
Footnotes
- ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
- ↑ Pima County Recorder's Office, "Voter FAQs - Early Voting," accessed October 7, 2020
- ↑ Georgia Secretary of State, "Absentee Voting - A Guide for Registered Voters," accessed October 7, 2020
- ↑ AL.com, "What you need to know about voting absentee in Alabama ," September 9, 2020
- ↑ LAist, "If I Have A Vote-By-Mail Ballot, Can I Choose To Vote In Person Instead?" February 24, 2020
- ↑ Bay News 9, "Voting by Mail in Florida: Frequently Asked Questions," July 13, 2020
- ↑ The New York Times, "Is Voting Twice a Felony?" September 9, 2020