Ballot curing rules by state, 2022
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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.[1]
Overview of states with ballot curing provisions
The map below shows the 24 states with ballot curing provisions:
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."[1][2]
Correction
Arizona law says, "Voters have until the fifth business day after an election to correct a signature."[1][3] 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."[4]
California
Notification
California law says, "Voters of ballots with mismatching signatures are notified a minimum of eight days prior to certification of the election."[1][5]
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."[1][5]
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."[1][6]
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."[1][6]
Florida
Notification
Florida law says, "County election supervisors shall notify any voter whose signature is missing or doesn’t match records."[1][7]
Correction
Florida law says, "Voters may cure ballots until 5 p.m. on the second day after the election."[1][7]
Georgia
Notification
Georgia law says, "If ballot is rejected, the voter is promptly notified of rejection."[1][8]
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."[1][8]
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."[1][9]
Correction
Hawaii law says, "The voter shall have five business days after the date of the election to cure the deficiency."[1][9]
Illinois
Notification
Illinois law says, "Voters are notified by mail of rejected ballot within two days of rejection."[1][10]
Correction
Illinois law says, "Voters have until 14 days after election to resolve issue with county election authority."[1][10]
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.[1][11]
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.[1][11]
Iowa
Notification
Iowa law says, "If a ballot affidavit is incomplete or absent, the commissioner must notify the voter within 24 hours."[1][12]
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."[1][12]
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."[1][13]
Correction
Under Kentucky law, "Voters have until the close of polls on Election Day to cure a signature."[1][13]
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."[1][14]
Correction
Massachusetts law says, "Voter can submit a new absentee ballot."[1][14]
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."[1][15]
Correction
Minnesota law says, "Voter can request a replacement absentee ballot."[1][15]
Montana
Notification
Montana law says, "Election administrators shall notify voters of missing or mismatched signatures."[1][16]
Correction
Montana law says," Voters have until 8 p.m. on Election Day to cure their ballot."[1][16]
Nevada
Notification
Nevada law says, "Local election officials shall notify voters of missing or mismatched signatures."[1][17]
Correction
Nevada law says, "Voters have until the seventh day after the election to resolve the issue."[1][17]
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.[18]
Correction
A voter has until 5:00 p.m. on the ninth day following an election to return the cure form to election officials.[18]
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."[1][19]
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."[1][19]
Ohio
Notification
Ohio law says, "Notice is mailed to voters whose ballots were rejected."[1][20]
Correction
Ohio law says, "Voters have until the seventh day after the election to resolve issue."[1][20]
Oregon
Notification
Oregon law says, "County clerks notify voters by mail of any signature absence or discrepancy."[1][21]
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."[1][21]
Rhode Island
Notification
Rhode Island law says, "Local board of canvassers is responsible for notifying voters by mail, email or phone."[1][22]
Correction
Rhode Island law says, "Voters have until seven days after Election Day to correct a deficiency."[1][22]
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.[23][24]
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."[1][25]
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."[1][25]
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."[1][26]
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)."[1][26]
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."[1][27]
Correction
Vermont law says, "Voters have until the close of polls on Election Day to cure a defective ballot."[1][27]
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.[1][28]
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."[1][28]
Washington
Notification
Washington law says, "Voters notified by mail of rejected ballots due to missing/mismatching signature statements."[1][29]
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."[1][29]
See also
- Ballotpedia's 2022 Election Help Desk: Processing and counting absentee/mail-in ballots
- Absentee/mail-in voting
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 National Conference of State Legislatures, "States With Signature Cure Processes," updated January 18, 2022
- ↑ Arizona State Legislature, "Receipt of voter's ballot; cure period," accessed October 21, 2020
- ↑ Arizona State Legislature, "Receipt of voter's ballot; cure period," accessed October 21, 2020
- ↑ LegiScan, "AZ SB1003," accessed January 24, 2022
- ↑ 5.0 5.1 California Legislature, "Vote by mail voting," accessed October 21, 2020
- ↑ 6.0 6.1 FindLaw, "Colorado elections," accessed October 21, 2020
- ↑ 7.0 7.1 Florida Legislature, "Canvassing by mail ballot," accessed October 21, 2020
- ↑ 8.0 8.1 FindLaw, "Georgia Elections," accessed October 21, 2020
- ↑ 9.0 9.1 Hawaii Capitol, "Election law," accessed October 21, 2020
- ↑ 10.0 10.1 Illinois Legislature, "Election law," accessed October 21, 2020
- ↑ 11.0 11.1 Indiana General Assembly, "Senate Bill 398," accessed July 6, 2021
- ↑ 12.0 12.1 Iowa Legislature, "Manner of preserving ballot application," accessed October 21, 2020
- ↑ 13.0 13.1 Kentucky Revised Statutes, "Section 117.087," accessed July 20, 2022
- ↑ 14.0 14.1 Massachusetts Legislature, "Elections," accessed October 21, 2020
- ↑ 15.0 15.1 Minnesota Statutes, "Absentee ballots," accessed October 21, 2020
- ↑ 16.0 16.1 Montana Statutes, "Absentee ballots," accessed October 21, 2020
- ↑ 17.0 17.1 Nevada Statutes, "Absentee ballots," accessed October 21, 2020
- ↑ 18.0 18.1 New Jersey Legislature, "Bill A3817," accessed August 2, 2022
- ↑ 19.0 19.1 Consolidated Laws of New York, "Section 9-209," accessed July 20, 2022
- ↑ 20.0 20.1 Ohio Statutes, "Election statutes," accessed October 21, 2020
- ↑ 21.0 21.1 Oregon Statutes, "Section 254.431," accessed October 21, 2020
- ↑ 22.0 22.1 Rhode Island Code, "Ballot certification process," accessed October 21, 2020
- ↑ The Philadelphia Inquirer, "Pa. counties can help voters fix mail ballot errors after state Supreme Court deadlocks on the issue," October 21, 2022
- ↑ ABC27, "Justices take Pennsylvania undated ballot case, don’t halt ballot curing," October 22, 2022
- ↑ 25.0 25.1 Texas Election Code, "Chapter 87: Processing Early Voting Results," accessed July 20, 2022
- ↑ 26.0 26.1 Utah Code, "Mail-in ballots," accessed October 21, 2020
- ↑ 27.0 27.1 Vermont Statutes, "Title 17, Chapter 51, Subchapter 6," accessed July 20, 2022
- ↑ 28.0 28.1 Virginia's Legislative Information System, "HB1888," accessed July 12, 2021
- ↑ 29.0 29.1 Washington Statutes, "Unsigned ballot declaration," accessed October 21, 2020