Safeguarding Our Democracy with Vote by MailA Research Report on the Ability to Vote by Mail in the 2020 General Election

JULY 2020

INTRODUCTION ................................................................................................................................................... 3 FOUR PILLARS TO SAFEGUARD VOTING RIGHTS WITH VOTE BY MAIL ..................................................... 4 ALABAMA ............................................................................................................................................................. 6 ALASKA ................................................................................................................................................................ 7 ARIZONA .............................................................................................................................................................. 8 ARKANSAS ........................................................................................................................................................... 9 CALIFORNIA ....................................................................................................................................................... 10 COLORADO ........................................................................................................................................................ 11 CONNECTICUT .................................................................................................................................................. 12 DELAWARE ........................................................................................................................................................ 13 FLORIDA ............................................................................................................................................................. 14 GEORGIA ........................................................................................................................................................... 15 HAWAII ............................................................................................................................................................... 17 IDAHO ................................................................................................................................................................. 18 ILLINOIS ............................................................................................................................................................. 19 INDIANA .............................................................................................................................................................. 20 IOWA ................................................................................................................................................................... 21 KANSAS .............................................................................................................................................................. 22 KENTUCKY ......................................................................................................................................................... 23 LOUISIANA ......................................................................................................................................................... 24 MAINE ................................................................................................................................................................. 25 MARYLAND ........................................................................................................................................................ 26 MASSACHUSETTS ............................................................................................................................................ 27 MICHIGAN .......................................................................................................................................................... 28 MINNESOTA ....................................................................................................................................................... 29 MISSISSIPPI ....................................................................................................................................................... 30 MISSOURI .......................................................................................................................................................... 31 MONTANA .......................................................................................................................................................... 32 NEBRASKA ......................................................................................................................................................... 33 NEVADA ............................................................................................................................................................. 34 NEW HAMPSHIRE ............................................................................................................................................. 35 NEW JERSEY ..................................................................................................................................................... 37 NEW MEXICO ..................................................................................................................................................... 38 NEW YORK ......................................................................................................................................................... 39 NORTH CAROLINA ............................................................................................................................................ 40 NORTH DAKOTA ................................................................................................................................................ 41 OHIO ................................................................................................................................................................... 42 OKLAHOMA ........................................................................................................................................................ 43 OREGON ............................................................................................................................................................ 44 PENNSYLVANIA ................................................................................................................................................. 45 RHODE ISLAND ................................................................................................................................................. 46 SOUTH CAROLINA ............................................................................................................................................ 47 SOUTH DAKOTA ................................................................................................................................................ 48 TENNESSEE ...................................................................................................................................................... 49 TEXAS ................................................................................................................................................................ 50 UTAH .................................................................................................................................................................. 52 VERMONT .......................................................................................................................................................... 53 VIRGINIA ............................................................................................................................................................ 54 WASHINGTON STATE ....................................................................................................................................... 55 WASHINGTON, D.C. .......................................................................................................................................... 56 WEST VIRGINIA ................................................................................................................................................. 57 WISCONSIN ....................................................................................................................................................... 58 WYOMING .......................................................................................................................................................... 59

The U.S. Constitution makes the 50 states primarily responsible for regulating elections. As a result, voters across the country face a patchwork of voting laws that vary from place to place. Perhaps no aspect of election administration differs more greatly from than voters’ ability to cast their ballot by mail. Some states allow all voters to vote by mail, while other require voters to have a specific reason that they need a mail ballot. Some states supply the postage necessary for a voter to return a mail ballot, but others do not. The deadline for a voter to return a mail ballot to their local election official is different from state to state. States also vary in the extent to which they allow community groups to collect completed, sealed ballots for delivery to local election officials and the extent to which voters can correct an issue that may exist with their mail ballot envelope. One thing that all states share going into the 2020 general election is the extent to which the COVID-19 outbreak will change the way Americans vote. The impacts of the COVID-19 virus will affect voters, government officials, and volunteer poll workers alike, and we have already seen numerous calls for increased access to mail voting opportunities this fall. In the face of such widespread change, states can choose act to safeguard the fundamental right to vote. In many cases, it may not be enough for states to simply allow more eligible citizens to vote by mail. This Report reviews the legal landscape in all 50 states regarding four mail voting requirements that states can implement to ensure that voters may fully participate in the election this November. The purpose of this Report is to provide an overview and introduction to the statutes that regulate mail voting in each state. As is always the case with the laws regulating elections, the details matter and can change frequently. Some states are already taking emergency actions to expand mail voting. Other states have active legislation pending that would implement some of the safeguards this Report discusses. And, of course, all politics is local: some state, county, or municipal election officials may apply the law in a way that is slightly different than the statutory language that appears on the books. This report represents the most current research available as of the publication date, but voters and those active in the elections space should be aware that any given state’s or county’s vote by mail procedures could change at any time.

Increasingly, we are seeing calls for states to adopt no-excuse absentee and vote by mail. This is a very important step in ensuring the right to vote, particularly in the wake of the COVID-19 pandemic. However, as with any method of voting, there are safeguards that are necessary to prevent voter disenfranchisement — particularly among young voters and voters of color. Yesterday, I wrote an op-ed in the Washington Post about one of those safeguards—ballot collection deadlines. Since then, I have received many questions about exactly what other safeguards are necessary.

In my view, here are the four requirements that, at a minimum, states should implement to ensure that eligible voters may fully participate in the election this November.

No voter should have to pay to mail their ballot, period. Postage should either be prepaid, or the postal service should agree to deliver ballots to the appropriate election authorities without a stamp.

Many states reject all ballots received after Election Day, even if postmarked on or before Election Day. This is simply wrong and unfair to voters who have done everything right but have their ballots thrown out because of delays with the postal service. We saw a huge spike in these rejections in Florida’s 2018 election — in which both the Governor’s race and the race for U.S. Senate were decided by a fraction of a percentage point — due to a mail facility shutdown. And, we know from experience that these laws have a greater impact on minority voters. As I recently wrote, “In Arizona’s Maricopa County, for example, the Election Day deadline is four times more likely to disenfranchise Hispanic voters than white voters, and 5.5 times more likely to disenfranchise Native American voters than white voters. In Arizona’s Santa Cruz County, where 83 percent of the population is Hispanic, ballots are about six times more likely to be rejected than ballots from Maricopa.”

https://www.washingtonpost.com/opinions/2020/03/16/virus-means-well-be-voting-by-mail-that-wont-be-easy/https://www.washingtonpost.com/opinions/2020/03/16/virus-means-well-be-voting-by-mail-that-wont-be-easy/

Increased vote by mail will dramatically increase the number of ballots with signature issues. Absentee ballots with questionable signatures should be reviewed by three election officials. Only if all three find beyond a reasonable doubt that a signature does not match should it be set aside. Then, the voter should be notified by a combination of mail, phone, email, and text and be given 10 days to confirm that it is their lawful ballot. In 2018, 68,000 eligible voters nationwide had their mail ballots discarded because elections officials, often with no training, and with few to any safeguards to guard against a false “mis-match,” concluded that the voter’s signature on the ballot return envelope did not match the voter’s signature on file. Another 56,000 voters had their votes discarded because they simply forgot to sign the ballot return envelope. Many of these voters were never informed of the rejection or given an opportunity to dispute or cure it. While studies have consistently shown that voter fraud — including absentee ballot fraud — is extremely rare these laws disenfranchise completely lawful voters and discard completely valid votes. We have successfully sued to reform the signature matching laws in Florida, Georgia, and Iowa. We are currently suing Michigan over its signature matching law that has no standards or mandatory notification for the voters.

In many states, community organizations play a vital role in collecting and delivering voted, sealed mail ballot for counting. Voters without easy access to secure and reliable outgoing mail, or who need extra help to get their ballots delivered, rely on this practice. Unfortunately, in an effort to suppress the vote, Republicans have supported laws to ban this important tool to ensure voting. We successfully sued Arizona over their law that criminalized ballot collection – the court found that it was passed to intentionally disenfranchise minority voters. We, along with a coalition of Native American Tribes in Montana are fighting a similar law there. We are also currently suing Minnesota over a similar law.

Vote by mail is always good policy, but right now it is a critical part of democracy. As we implement it, however, we must ensure that all eligible citizens are given a fair opportunity to cast their ballot and – equally importantly – have that ballot count. These four safeguards will make sure that happens.

https://www.democracydocket.com/florida/https://www.democracydocket.com/georgia/https://www.democracydocket.com/iowa/https://www.democracydocket.com/michigan/https://www.democracydocket.com/arizona/https://www.democracydocket.com/montana/https://www.democracydocket.com/minnesota/

The list of excuses for absentee is relatively long. Ala. Code § 17-11-3(a). There is also an exception for states of emergency to allow affected voters to vote absentee, and the costs have to be paid by Alabama. Ala. Code § 17-11-3(e).

Postmarked the day before the election and received at noon on Election Day.

No one other than the absentee voter or their medical emergency designee may return their own ballot by mail or hand delivery. (Ala. Code § 17-11-9; Ala. Code § 17-11-18)

There does not appear to be a signature matching requirement.

Ballot will be rejected if not signed by the voter and two witnesses (or notarized). Ala. Code § 17-11-10(c). There does not appear to be a cure process.

Alaska Stat. Ann. § 15.20.010; Alaska Div. Elections, By-Mail Ballot Delivery, http://www.elections.alaska.gov/Core/votingbymail.php.

See Alaska Division of Elections, By-Mail Ballot Delivery, http://www.elections.alaska.gov/Core/votingbymail.php. ("Apply the correct amount of postage to the return envelope.")

Mailed ballots must be postmarked on or before Election Day and must be received by the close of business on the 10th day after the election. Alaska Stat. Ann. § 15.20.081(e). Absentee ballots returned via electronic transmission must be sent before the closing of the polls. Id. § 15.20.066(a).

A friend, relative or associate may transfer the absentee ballot to the U.S. Postal Service or a private commercial delivery service for delivery to the state. "Friend," "relative," and "associate" are not defined terms. For those unable to vote in person because of age, illness or disability, a personal representative may pick up, assist in marking and return an absentee ballot. Alaska Stat. §§ 15.20.081(a); 15.20.072.

There is no signature matching requirement. see Alaska Stat. § 15.20.203; see also Finkelstein v. Stout, 774 P.2d 786, 788 (Alaska 1989).

It does not appear that an individual can cure any issue with their absentee ballot. see Alaska Stat. § 15.20.203 (explaining why ballots may be rejected and that the director will notify individuals of the reason their ballot was rejected 60 days after the certification of results of a general election).

http://www.elections.alaska.gov/Core/votingbymail.phphttp://www.elections.alaska.gov/Core/votingbymail.php

Every registered voter may vote an early ballot by mail in any election. see Ariz. Rev. Stat. § 16-541(A). Note that a voter may also request to be included on Arizona's Permanent Early Voting List and automatically receive early ballots by mail before each subsequent election. See generally Id. § 16-544.

The county recorder must mail to a voter their early ballot, the accompanying ballot affidavit, and the "envelope for its return postage prepaid" to the address provided by the requesting voter. See Ariz. Rev. Stat. § 16-542(C).

A voter's early ballot and ballot affidavit must be received by their county recorder's office or deposited at any polling place in their county no later than 7:00 PM local time on Election Day. See Ariz. Rev. Stat. § 16-548(A).

Only a family member, household member, caregiver, election official, or U.S. Postal Service ("USPS") employee may return a voted or unvoted early ballot on behalf of a voter. see Ariz. Rev. Stat. § 16-1005. A person other than a family member, household member, caregiver, election official, or USPS worker who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 felony. See Id.

If a voter's signature on their early ballot envelope is "inconsistent" with the signature on the voter's registration record, their county recorder "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." Ariz. Rev. Stat. § 16-550(A). Signatures must be corrected no later than five (5) business days after a federal primary, general, or special election; or no later than three (3) business days after any other election. See Id.

Arizona law is silent as to whether a voter may cure an issue with their absentee ballot regarding missing information other than a signature. Nor does state law require a county recorder to inform a voter if their early ballot is missing information required for processing.

A registered voter may only cast an absentee ballot for one of the following reasons: (1) they will be “unavoidably absent” from their voting place on Election Day (2) they are unable to attend the polls on Election Day “because of illness or physical disability”; (3) they reside in a long-term care or residential facility licensed by the state; or (4) they are eligible to vote absentee under the Uniformed and Overseas Citizen Absentee Voting Act. Ark. Code Ann. § 7-5-402.

No statute, regulation, or guidance issued by the Secretary of State provides for the State of Arkansas to pre-pay postage for absentee ballots.

If a voter chooses to return their absentee ballot by mail, the ballot must be received in the office of the county clerk in the county where the voter resides, no later than 7:30 PM on Election Day. See Ark. Code Ann. § 7-5-411(a)(1)(A).

A designated bearer (i.e., anyone the voter chooses to pick up or deliver their ballot) may obtain and deliver absentee ballots for no more than two voters per election and must not have more than two absentee ballots in their possession at any time. See Ark. Code Ann. § 7-5-403; Ark. Sec'y of State, Voting 101: A Pocket Guide to Voting in the Natural State 30 (revised Sept. 2018), https://www.sos.arkansas.gov/uploads/elections/voting_101_9-2018_grayscaleb.pdf. An authorized agent (serving a voter who is medically unable to cast a ballot at a polling site due to unforeseen medical necessity) may obtain and deliver absentee ballots for no more than two voters per election who are patients in a hospital, long-term-care facility, or residential care facility licensed by the state. See Ark. Code Ann. § 7-5-403; Ark. Pocket Guide, supra, at 30.

Although state law provides for the county clerk to verify the signature of a voter casting an absentee ballot, see Ark. Code Ann. § 7-5-411(a)(2), Arkansas law is silent as to whether a voter may cure a signature mismatch on their absentee ballot. Nor does state law require a county clerk to inform a voter if the signature on their absentee ballot does not match the signature in their voter registration file.

Arkansas law is silent as to whether a voter may cure an issue with their absentee ballot regarding missing information other than a signature.

https://www.sos.arkansas.gov/uploads/elections/voting_101_9-2018_grayscaleb.pdf

Every registered voter may cast a vote-by-mail ballot, and no excuse or reason is required. Cal. Elec. Code § 3003; see also Cal. Sec'y of State, Guide for Conducting a Vote-By-Mail Application Drive 2 (revised Jan. 2020), https://elections.cdn.sos.ca.gov/vote-by-mail/pdf/guide-to-vbm-app-drives.pdf.

County elections officials must furnish voters who request vote-by-mail ballots with prepaid postage for the return of their vote-by-mail ballots. Cal. Elec. Code § 3010(a)(2).

See Cal. Elec. Code § 3020. Ballots must be received by three days after election day. Id.

California permits a third party to collect and return a completed vote-by-mail ballot on a voter's behalf, if two factors are met: (1) the voter authorizes a specific third party to collect and return their ballot, by completing the authorization section on the outside of their ballot envelope; and (2) the third party collecting and returning the ballot does not receive any form of compensation based on the number of ballots they collect. Cal. Elec. Code § 3017(a)(2), (e)(1). An authorized third party must return a completed ballot to the voter’s elections official no later than 3 days after receiving it from the voter or before the polls close on Election Day, whichever time period is shorter. See Id. § 3017(a)(2). The same person who collects the voter’s ballot is responsible for returning it. If someone other than an authorized person returns the ballots, the ballots may be rejected or that person may be held criminally liable for interfering with the return of the ballot. See Id. § 18577.

If a voter's signature on their vote-by-mail ballot envelope does not compare with the voter's signature on file with their county elections office, the office is required to provide notice to the voter no later than eight (8) days prior to the certification of the election and allow them the opportunity to verify their signature no later than 5:00 PM PT two (2) days prior to the certification of the election. Cal. Elec. Code § 3019.

Under California law, the Secretary of State was required to establish a tracking system for vote-by-mail ballots by January 1, 2020. Under this tracking system, voters should be able to find out if a ballot is not counted, why it was not counted, and how to cure the ballot. see Cal. Elec. Code § 3019.7(a)(5).

https://elections.cdn.sos.ca.gov/vote-by-mail/pdf/guide-to-vbm-app-drives.pdfhttps://elections.cdn.sos.ca.gov/vote-by-mail/pdf/guide-to-vbm-app-drives.pdf

Every registered voter in Colorado automatically receives a mail ballot. Colo. Rev. Stat. Ann. §§

1-7.5-104.5; 1-7.5-107.

Voters must pay for their own postage if they return a ballot by mail. Colo. Rev. Stat. Ann. § 1-

7.5-107(4)(b)(II). Note that voters also have the option of dropping their ballots into a designated

drop box. Id. § (4)(b)(I)(A).

Ballots must be received by 7pm on election day. Colo. Rev. Stat. Ann. § 1-7.5-203.

Any person of the elector's choice, or any duly authorized agent of the county clerk and recorder

or designated election official, may be designated to mail or deliver a mail ballot. However, no

person other than a duly authorized agent of the county clerk and recorder or designated

election official may receive more than 10 mail ballots in any election for mailing or delivery.

Colo. Rev. Stat § 1-7.5-107(4)(b)(I)(B).

If the signatures don't match or the voter doesn't have a signature on file with their registration,

the voter must be notified of this discrepancy by email within 3 days but no later than 2 days

after election day. If the county clerk receives a completed form within 8 days after election day

confirming that the voter returned a ballot and enclosing a copy of the voter's ID (and a

signature, if missing from the voter's registration), and if the ballot is otherwise valid, the ballot

will be counted. Colo. Rev. Stat. Ann. § 1-7.5-107.3.

Conn. Gen. Stat. § 9-135.

Conn. Gen. Stat. § 9-139.

Received by the Clerk's Office by close of Election Day. Conn. Gen. Stat. § 9-140b(a). Conn.

Sec. of State, 2020 Election Calendar at 35, https://portal.ct.gov/-

/media/SOTS/ElectionServices/Calendars/2020Election/2020-Calendar.pdf?la=en.

An absentee ballot may be mailed or returned in person by an ill or disabled voter’s “designee,” which includes a person who is caring for the applicant because of the applicant's illness or physical disability, including but not limited to, a licensed physician or a registered or practical nurse; a member of the applicant's family; or if no such person consents or is available, then a police officer, registrar of voters, deputy registrar of voters or assistant registrar of voters in the municipality in which the applicant resides. Conn. Gen. Stat. § 9-140b.

No process for curing in the statute when the clerk receives the ballots (§ 9-140c), and no process during absent ballot counter reviewing the ballot (§ 9-150a).

No process for curing in the statute when the clerk receives the ballots (§ 9-140c), and no process during absent ballot counter reviewing the ballot (§ 9-150a).

https://portal.ct.gov/-/media/SOTS/ElectionServices/Calendars/2020Election/2020-Calendar.pdf?la=enhttps://portal.ct.gov/-/media/SOTS/ElectionServices/Calendars/2020Election/2020-Calendar.pdf?la=en

Must be unable to vote in person for one or more of the eight reasons specified in Del. Code tit. 15, § 5502.

Del. Code tit. 15, § 5504(c).

Ballot must be received by the close of polls on election day. Del. Code tit. 15, § 5508.

Absentee voters must return their ballots by U.S. mail, by delivering it, or “causing it to be delivered” prior to the close of polls on Election Day. There is no explicit provision for an agent or designee to return an absentee ballot on behalf of a voter. Del. Code Title 15 § 5507.

Ballots may only be rejected if they do not contain a signature at all, not if the signature doesn't match. Del. Code tit. 15, § 5505, 5514. There is no cure provision.

There does not appear to be a way to cure other deficiencies. See Del. Code tit. 15, § 5514.

No excuse is needed to vote by mail except on Election Day. Fla. Stat. Ann. § 101.62 If an individual waits until Election Day to pick up or have a ballot delivered, they must complete an affidavit affirming that an emergency exists that prevents the individual from being able to vote at their polling place. Id. § 101.62(4)(c)(5); Fla. Div. Elections, Vote-by-Mail, https://dos.myflorida.com/elections/for-voters/voting/vote-by-mail/.

See, e.g., "Vote by Mail ballots only require ONE First Class or Forever stamp to return it to the Supervisor of Elections Office." Supervisor of Elections Leon County, Florida, Vote By Mail, https://www.leonvotes.org/vote-by-mail/vote-by-mail-information.

Completed absentee ballots must be received by 7 p.m. on Election Day to be counted. Fla.

Stat. Ann. § 101.67(2); see also Id. §§ 101.6103, 101.64.

There is no explicit prohibition on an agent or designee mailing or delivering an absentee ballot. See Fla. Stat. Ann. §§ 101.65, 101.6103(2).

An individual may cure any signature deficiencies until 5pm on the 2nd day after the election. Fla. Stat. Ann. §§ 101.65(1), 101.68(4); see also Fla. Div. Elections, vote-By-Mail Cure Affidavit-Instructions and Form, https://dos.myflorida.com/media/700479/dsde139.pdf.

It does not appear that there is a method of curing other missing information. see Anderson v. Canvassing and Election Bd. of Gadsden County, 399 So.2d 1021 (1981) ("Full hearing was not required to be held by circuit court in election contest challenging action of county canvassing board in rejecting certain absentee ballots . . . rejected ballots were either patently legal or were found to be illegal by canvassing board within latitude of discretion conferred upon it.")

https://dos.myflorida.com/elections/for-voters/voting/vote-by-mail/https://www.leonvotes.org/vote-by-mail/vote-by-mail-informationhttps://www.leonvotes.org/vote-by-mail/vote-by-mail-informationhttps://dos.myflorida.com/media/700479/dsde139.pdf

Anyone can vote by absentee ballot in Georgia, without providing a reason for doing so. Ga. Code Ann. § 21-2-380(b).

If mailing, voter must affix postage to the ballot envelope. Ga. Sec'y of State, Absentee Voting A Guide for Registered Voters at 5 (2020), https://sos.ga.gov/admin/files/Absentee_Voting_A_Guide_for_Registered_Voters_2020.pdf.

Completed absentee ballots must be received by the time polls close on election day in order to

be counted. Ga. Code Ann. § 21-2-386(a)(1)(F).

Family members and individuals residing a voter’s household can mail or personally return an absentee ballot. Caregivers of voters with disabilities can mail or personally return an absentee ballot regardless of whether the caregiver resides in the voter’s household. Employees of detention facilities can mail or personally return the absentee ballot of an incarcerated voter. Ga. Code Ann., § 21-2-385.

If the elector has failed to sign the oath, or if the signature does not appear to be valId...the registrar or clerk shall write across the face of the envelope “Rejected,” giving the reason therefore. 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. Such elector shall have until the end of the period for verifying provisional ballots...to cure the problem resulting in the rejection of the ballot. Ga. Code Ann. § 21-2-386(a)(1)(C); see also Settlement Agreements with Secretary of State and Gwinnett County Board of Elections, Democratic Party of Ga. v. Raffensperger, No. 1:18-cv-5028-WMR (N.D. Ga. 2020).

https://sos.ga.gov/admin/files/Absentee_Voting_A_Guide_for_Registered_Voters_2020.pdf

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 therefore. 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. Such elector shall have until the end of the period for verifying provisional ballots...to cure the problem resulting in the rejection of the ballot. Ga. Code Ann. § 21-2-386(a)(1)(C); see also Martin v. Crittenden, 347 F. Supp. 3d 1302 (N.D. Ga. 2018).

Haw. Rev. Stat. Ann. § 11-101; Hawaii Office of Elections, https://elections.hawaii.gov/voters/hawaii-votes-by-mail/.

Haw. Rev. Stat. Ann. § 11-102(a)(2); Hawaii Office of Elections, https://elections.hawaii.gov/frequently-asked-questions/voting-by-mail/.

Mailed ballots must be received by 7:00PM on Election Day. "Voters should mail their voted ballot 2-3 days before the election to ensure that the Clerk's Office receives it by the deadline." Haw. Rev. Stat. Ann. § 11-104(c)(1).

The statute instructs that "the voter shall return the...ballot" by mail or personal delivery. There is no explicit prohibition on an agent or designee mailing or delivering an absentee ballot. see Haw. Rev. Stat. Ann. §§ 11-104, 15-9.

The clerk shall notify the voter by mail, phone, or email to inform the voter of the procedure to correct the deficiency. The voter shall have 5 business days after the date of the election to cure the deficiency. Haw. Rev. Stat. Ann. § 11-106.

If the return envelope is returned with an unsigned affirmation or contains another deficiency that would not allow the counting of the ballot, the clerk shall notify the voter by mail, phone, or email to inform the voter of the procedure to correct the deficiency. The voter shall have 5 business days after the date of the election to cure the deficiency. Haw. Rev. Stat. Ann. § 11-106.

https://elections.hawaii.gov/voters/hawaii-votes-by-mail/https://elections.hawaii.gov/frequently-asked-questions/voting-by-mail/

Idaho Code § 34-1001.

There is no mention of the state or counties providing postage-paid envelopes for return of absentee ballots. Idaho Code §§ 34-1003, 34-1005. This PowerPoint guidance from the SOS indicates the instructions sent with the ballot tell voters to include postage. Https://sos.idaho.gov/elect/Clerk/Presentations/2017%20Absentee%20Voting.pdf. However, in precincts with no more than 140 electors, the county may designate a "mail ballot precinct," in which case the clerk will issue a ballot to each registered voter and shall affix postage to the return envelope sufficient to return the ballot. Idaho Code § 34-408.

Ballots must be received by the issuing officer by 8:00 p.m. on the day of the election. Idaho Code Ann. § 34-1005.

There is no explicit prohibition on an agent or designee mailing or delivering an absentee ballot. Idaho Code Ann. § 34-1005.

Idaho Secretary of State Directive 2015-2 established that signatures on affidavit envelopes should be verified against the scanned signature in the statewide voter registration system. Secretary of State Directive 2015-2, Idaho Election Handbook at J-13, updated July 2017 https://sos.idaho.gov/elect/clerk/Manuals/Idaho%20Election%20Handbook.pdf. The statute does not provide any cure provisions,

There is no procedure in the law for County Clerks to notify voters that their absentee ballot affidavit has not been verified. If a County Clerk indicates that the affidavit's authenticity cannot be verified, the county clerk will note this fact on the ballot envelope prior to delivery to the election workers at the polls, and the envelope will be deposited into the spoiled ballot box. Idaho Election Handbook at B10-4, B-10-5, https://sos.idaho.gov/elect/clerk/Manuals/Idaho%20Election%20Handbook.pdf.

https://sos.idaho.gov/elect/Clerk/Presentations/2017%20Absentee%20Voting.pdfhttps://sos.idaho.gov/elect/clerk/Manuals/Idaho%20Election%20Handbook.pdfhttps://sos.idaho.gov/elect/clerk/Manuals/Idaho%20Election%20Handbook.pdf

10 ILCS 5/19-1.

Pre-paid postage varies by local jurisdiction but is not required by state law. see generally 10 ILCS 5/19-4 (requiring elections authority to inform vote by mail voter of required postage); HB 3429 (proposing prepaid postage). The Chicago Board of Elections, for example, provides postage, while DuPage county does not. https://chicagoelections.gov/en/vote-by-mail.html; https://www.dupageco.org/Election/37876/.

Ballots postmarked by election day and received by November 17, 2020 will count "provisionally" in the General Election. 10 ILCS 5/19-8.

A person authorized by the voter may mail or personally return an absentee ballot. There is an authorization on the ballot envelope naming and authorizing another person to mail or personally return the ballot. 10 ILCS 5/19-6; 10 ILCS 5/19-13.

The election authority will notify the voter of a rejected ballot and provide notice that the voter may appear before the election authority, on or before the 14th day after the election (the time to count provisional ballots), to show cause as to why the ballot should not be rejected. The voter may present evidence to the election authority supporting his or her contention that the ballot should be counted to be reviewed by a panel of election judges. 10 ILS 5/19-8(g-5).

If a vote by mail ballot is rejected by the election judge or official "for any reason," the voter shall be notified and provided with an opportunity to appear before the election judge panel described above. 10 ILCS 5/19-8(g-5).

https://chicagoelections.gov/en/vote-by-mail.htmlhttps://www.dupageco.org/Election/37876/

Ind. Code §§ 3-11-10-24; 3-11-10-26(f). Absentee-by-mail is limited to specific reasons. Ind. Sec. of State., Absentee Voting, https://www.in.gov/sos/elections/2402.htm.

Ind. Code § 3-11-4-20; A voter is mailed an absentee ballot, voting instructions, and a postage fully prepaid envelope. Ind. Sec. of State, 2020 Election Admin. Manual at 99, https://www.in.gov/sos/elections/files/2020%20Election%20Administrators%20Manual.FINAL.pdf.

The election board must receive an absentee ballot before 12 p.m. on election day. Ind. Code § 3-11.5-4-3.

A member of the voter's household or a person designated to act with the power of attorney for the voter can mail or personally return a voter’s absentee ballot. Ind. Code § 3-11-10-1.

The only way to cure a signature mismatch is for the voter to receive a certificate entitling them to vote in person by the close of polls on election day. To receive this certificate, the voter may appear in person before the county board no later than 5:00 on election day, and then may go to the polling place and vote. Ind. Code § 3-11.5-4-13(f).

The only way to cure a defective or incomplete absentee ballot is through the in-person voting process described previously.

https://www.in.gov/sos/elections/2402.htmhttps://www.in.gov/sos/elections/files/2020%20Election%20Administrators%20Manual.FINAL.pdfhttps://www.in.gov/sos/elections/files/2020%20Election%20Administrators%20Manual.FINAL.pdf

Effectively yes. Iowa law lists reasons a person may apply for an absentee ballot, but one of those reasons is that "the voter expects to be unable to go to the polls and vote on election day." Iowa Stat. 53.1(1)(c). See https://sos.iowa.gov/elections/pdf/absenteeballotapp.pdf.

Envelopes provided to voters for returning their ballots must be "marked postage paid" or have a stamp. Iowa Stat. 53.8(1)(a); Iowa Admin. Code 721-21.303.

If the return envelope is postmarked on the day before the election or earlier, and is received by the county commissioner's office by noon on the Monday following the election, it will be counted. Iowa Stat. 53.17(2).

A voter may designate a person to deliver a completed absentee ballot. If delivered by the voter's designee, the envelope shall be delivered within seventy-two hours of retrieving it from the voter or before the closing of the polls on election day, whichever is earlier. Iowa Stat. 53.17(1)(a). The voter's designee may also return the ballot by mail, provided the envelope is mailed within seventy-two hours of receiving it from the voter or is postmarked by the day before the election, which is earlier. Id. 53.17(1)(b).

Iowa does not appear to confirm voters' identities based on signature matching. Mismatched signature is not among the enumerated reasons for rejecting an absentee ballot. Iowa Stat. 53.25; Iowa Admin. Code 721-21.361.

The county auditor must contact a voter immediately if: (a) the absentee ballot is not enclosed in the envelope marked with the voter's affidavit; (b) the envelope is not sealed; (c) the envelope has been opened and resealed; or (d) the voter submits a change of address in a new precinct after returning a voted absentee ballot. The voter may cure these problems by requesting a replacement ballot, voting at the polls on election day, or -- if the problem is a change of address -- by re-registering in the original precinct, if he or she can still claim residence there. The commissioner has 24 hours to contact a voter who did not sign his or her affidavit. The voter may cure this issue by completing the affidavit at the county auditor's office by 5 PM on the day before the election, requesting a replacement ballot, or voting at the polls. Iowa Admin. Code 721-21.354, 721-21.355.

https://sos.iowa.gov/elections/pdf/absenteeballotapp.pdf

Kan. Stat. Ann. § 25-1129.

Counties are not required to pay return postage, although some have chosen to do so as a voting incentive. Kansas Secretary of State, Election Administration Manual at II-47, https://www.sos.ks.gov/elections/19elec/2019-Kansas-Election-Standards-Chapter-II-Election-Administration.pdf.

Ballots must be post-marked on or before Election Day and received no later than three days after Election Day. Kan. Stat. Ann. § 25-1132(b); Kansas Secretary of State, https://sos.kansas.gov/elections/registration-voting/.

Upon written designation by the voter, a person other than the voter may return an absentee ballot. Any such person designated by the voter shall sign a statement that such person has not exercised undue influence on the voting decisions of the voter and agrees to deliver the ballot as directed by the voter. Kan. Stat. Ann. § 25-1128.

The county election officer shall attempt to contact each person who submits an advance voting ballot where there is no signature or where the signature does not match with the signature on file and allow such voter the opportunity to correct the deficiency before the commencement of the final county canvass. Kan. Stat. Ann. § 25-1124(b).

https://www.sos.ks.gov/elections/19elec/2019-Kansas-Election-Standards-Chapter-II-Election-Administration.pdfhttps://www.sos.ks.gov/elections/19elec/2019-Kansas-Election-Standards-Chapter-II-Election-Administration.pdfhttps://sos.kansas.gov/elections/registration-voting/

To qualify for mail-in absentee voting, voters must be (1) advanced in age, disabled, or ill, (2) military personnel, their dependents, or overseas citizens, (3) a student who temporarily resides outside the county, (4) a voter who temporarily resides outside of Kentucky, but maintains eligibility to vote in Kentucky, (5) incarcerated, but not yet convicted of a crime, (6) prevented from voting in person at the polls on election day and from casting an in-person absentee ballot in the county clerk's office on all days in-person absentee voting is conducted because of his or her employment. Ky. Stat. § 117.085(1)(a); https://elect.ky.gov/Voters/Pages/Absentee-Voting.aspx.

Nothing in state law indicates the state or counties pay for postage, and these instructions from the State Board of Elections instruct voters to "affix proper postage" https://elect.ky.gov/SiteCollectionDocuments/Voter%20Information/military/SBE%2048A%20Instructions%20to%20Voters%20Voting%20a%20Mail-in%20Absentee%20Ballot.pdf.

Absentee ballots must be received by the close of polls at 6 p.m. on Election Day. Ky. Rev. Stat. § 117.086(1).

There is no explicit prohibition on an agent or designee collecting or mailing an absentee ballot, however ballots must be mailed and cannot be returned in person. Ky. Rev. Stat. § 117.086(1).

The county board of elections begins reviewing absentee ballots at 8 a.m. on election day. "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." Ky. Stat. Ann. § 117.087(3). All unsigned absentee ballots will be rejected immediately. Id. If the voter is subsequently challenged by any board member or in writing by any individual, the board will vote to accept or reject the vote. Id. § 117.087(4). If the ballot is rejected, there is no opportunity to cure.

The voter is only required to sign the detachable flap and the outer envelope; no other information is required. Ky. Stat. Ann. §§ 117.086; 117.087(3) (when counting absentee ballots, the envelope "shall be examined to ascertain whether the outer envelope and the detachable flap are in proper order and have been signed by the voter").

https://elect.ky.gov/Voters/Pages/Absentee-Voting.aspxhttps://elect.ky.gov/Voters/Pages/Absentee-Voting.aspxhttps://elect.ky.gov/SiteCollectionDocuments/Voter%20Information/military/SBE%2048A%20Instructions%20to%20Voters%20Voting%20a%20Mail-in%20Absentee%20Ballot.pdfhttps://elect.ky.gov/SiteCollectionDocuments/Voter%20Information/military/SBE%2048A%20Instructions%20to%20Voters%20Voting%20a%20Mail-in%20Absentee%20Ballot.pdf

To vote absentee by mail, must be (1) member of United States Service or spouse/dependents; (2) student, instructor, or professor at an institution outside the parish and spouse/dependents; (3) person who is or expects to be temporarily absent during the early voting period and election day; (5) a person who moved after the voter registration deadline; (6) a person involuntarily confined in an institution for mental health treatment; (7) residing outside the USA; (8) sequester jury member; (9) hospitalized; (10) employed on state waters; (11) participating in a special program for handicapped voters; (12) person who is incarcerated and not convicted of a felony; (13) persons enrolled in the state address confidentiality program; (14) a voter with disabilities (and evidence thereof); (15) sixty-five years old or older; or (16) employees of the registrar. La. Rev. Stat. § 18:1303.

https://www.sos.la.gov/ElectionsAndVoting/Vote/FrequentlyAskedQuestions/Pages/VotingByMail.aspx?OwnershipName=VotingByMail&faqid=0&PF=1

Deadline is 4:30 PM the day before the election. La. Rev. Stat. § 18:1308.

A voter may authorize a person to mail or personally deliver an absentee ballot. However, no person except the immediate family of the voter shall hand deliver more than one marked ballot to the registrar. La. Rev. Stat. § 18:1308(B).

Voter is notified but the challenged ballot is rejected. See La. Rev. Stat. § 18:1315.

Voter is notified but the challenged ballot is rejected. See La. Rev. Stat. § 18:1315.

https://www.sos.la.gov/ElectionsAndVoting/Vote/FrequentlyAskedQuestions/Pages/VotingByMail.aspx?OwnershipName=VotingByMail&faqid=0&PF=1https://www.sos.la.gov/ElectionsAndVoting/Vote/FrequentlyAskedQuestions/Pages/VotingByMail.aspx?OwnershipName=VotingByMail&faqid=0&PF=1

Me. Rev. Stat. tit. 21-A, § 751; see also Me. CONST. art. II, § 4.

The statute is specific on the fact that a return envelope has to be issued, but it is not specific about postage. Me. Rev. Stat. tit. 21-A, § 753-B(1).

Ballots must be received by the close of polls on Election Day. Me. Rev. Stat. tit. 21-A, § 755. That is 8 PM ET. https://www.maine.gov/portal/government/edemocracy/elections_faq.html.

Voters may designate an immediate family member or a third person to deliver the ballot on the voter's behalf. A third person may only be designated in an absentee ballot application or written request that is signed by the voter. Any single third person may only be issued five absentee ballots at a time until one is returned. Me. Rev. Stat. tit. 21-A, § 753-A; Me. Rev. Stat. Tit. 21-A, § 753-B(3).

There is a provision by which the election clerk examines the signatures on the application and the affidavit on the return envelope. If they don't match, there is a way for the clerk to invalidate the vote. Me. Rev. Stat. tit. 21-A, §§ 756, 759. There is no cure process.

There is a provision by which the election clerk examines the signatures on the application and the affidavit on the return envelope. If they don't match, there is a way for the clerk to invalidate the vote. Me. Rev. Stat. tit. 21-A, §§ 756, 759. There does not appear to be a cure process.

https://www.maine.gov/portal/government/edemocracy/elections_faq.html

Md. Code, Elec. Law § 9-304.

Md. Code, Elec. Law, § 9-310.

Absentee ballots returned by mail must be postmarked no later than election day and must be received by 10 am on the 2nd Friday after an election to be counted. Md. Code Regs. 33.11.03.08(B)(3).

A voter may designate a duly authorized agent to pick up and deliver an absentee ballot. The agent must be at least 18 years old; may not be a candidate on that ballot; must be designated in writing by the voter under penalty of perjury; and must execute an affidavit under penalty of perjury. MD Code, Elec. Law, § 9-307. The ballot must be marked in the agent's presence. Id. § 9-307(b)(4).

When received, an absentee ballot is reviewed to ensure the voter signed the affidavit, but it is not checked against the signature on file in the registration database. Md. Code Regs. 33.11.04.05; Md. Code Regs. 33.11.05.03.

The only clear way to cure an absentee ballot is if it is treated as provisional due to lack of ID.

The voter must be (a) absent from his or her city or town on election day, (b) unable to go to the precinct because of a physical disability, or (c) unable to go to the precinct on election day for reasons of religious belief. Mass. Gen. Laws ch. 54, 86; http://sec.state.ma.us/ele/eleabsentee/absidx.htm.

The statute providing instruction on how the return envelope must be prepared does not mention postage. Mass. Gen. Laws ch. 54, 87(d) (stating only that the envelopes must be pre-addressed).

Ballots must be received by the close of polls on election day. Mass. Gen. Laws ch. 54, 95 & 99; 950 Mass. Code Regs. 47.10(6), 47.18; http://sec.state.ma.us/ele/eleabsentee/absidx.htm.

A family member may personally deliver an absentee ballot on behalf of a voter. Mass. Gen. Laws ch. 54, 92.

Officials must compare the signature on the absentee ballot envelope with the signature on the absentee ballot application. If it does not appear that the same person signed the application and envelope, the voter's ballot is rejected. The local election official must notify the voter as soon as possible that the ballot has been rejected and provide a replacement ballot (by mail, if the voter received the original ballot by mail), unless "there is clearly insufficient time for the voter to return another ballot." Mass. Gen. Laws ch. 54, 94; 950 Mass. Code Regs. 47.10(5).

If an absentee ballot is rejected because the affidavit is incomplete or improperly executed, the local election official must notify the voter as soon as possible that the ballot has been rejected and provide a replacement ballot (by mail, if the voter received the original ballot by mail), unless "there is clearly insufficient time for the voter to return another ballot." Mass. Gen. Laws ch. 54, 94; 950 Mass. Code Regs. 47.10(5).

http://sec.state.ma.us/ele/eleabsentee/absidx.htmhttp://sec.state.ma.us/ele/eleabsentee/absidx.htm

Mich. Comp. Laws § 168.759; Michigan Sec. of State, Absentee Voting, https://www.michigan.gov/sos/0,4670,7-127-1633_8716_8728-21037--,00.html.

The instructions to voters on returning absent voter ballots state, "Place the necessary postage upon the return envelope and deposit it in the United States mail..." Mich. Comp. Laws § 168.764a.

The ballot must reach the clerk or an authorized assistant of the clerk before the close of the polls on election day. Mich. Comp. Laws § 168.764a.

Only a member of the immediate family of the voter or a person residing in the voter’s household may mail or personally deliver a ballot to the clerk for the voter. M.C.L.A. 168.764a.

Pursuant to new guidance from the Secretary of State, voters can cure absentee ballots by 8 pm on Election Day at the clerk’s office (for ballots received before Saturday at 2 pm, voters may have a new absentee ballot issued). The Secretary has also committed to adopting additional post-election procedures for permitting a voter to cure an absentee ballot rejected for signature mismatch after Election Day.

If a voter fails to sign the certificate on the ballot envelope, the voter should be contacted to visit the clerk's office to sign their ballot envelope. The unsigned ballot may not leave the clerk's office for signature. Mich. Bureau of Elections, Michigan's Absentee Voting Process, 8,https://www.michigan.gov/documents/sos/VI_Michigans_Absentee_Voting_Process_265992_7.pdf.

https://www.michigan.gov/sos/0,4670,7-127-1633_8716_8728-21037--,00.htmlhttps://www.michigan.gov/documents/sos/VI_Michigans_Absentee_Voting_Process_265992_7.pdfhttps://www.michigan.gov/documents/sos/VI_Michigans_Absentee_Voting_Process_265992_7.pdf

Minn. Stat. 203B.02, subd. 1 ("Any eligible voter may vote by absentee ballot.").

Minn. Stat, 203B.07, subd. 1 ("The county auditor or municipal clerk shall provide first class postage for the return envelope.").

Absentee ballots must be received by 8 PM on election day if mailed, or by 3 PM on election day if delivered in person. Minn. Stat. 203B.08, subd. 3; Minn. Admin. Code 8210.2200, subpart 1.

The voter may designate an agent to deliver in person the sealed absentee ballot return envelope to the county auditor or municipal clerk or to deposit the return envelope in the mail. An agent may deliver or mail the return envelopes of not more than three voters in any election. Minn. Stat. Ann. § 203B.08, subd. 1.

The State does not look at the validity of a voter's signature unless the driver's license number, state ID number, or last four digits of the Social Security number provided by the voter on the absentee ballot envelope do not match the voter's absentee ballot application or voter record. Then, the State will compare the signature on the envelope to the signature on the application form to determine if the same person voted the ballot. If the State rejects the ballot at least 5 days before the election, it must issue the voter a replacement ballot. If the rejection occurs fewer than 5 days before the election, the State must try to contact the voter by telephone or email and the voter has the option of voting at his or her local election office or at his or her polling place on election day. Minn. Stat. 203B.121; http://sos.state.mn.us/elections-voting/other-ways-to-vote/vote-early-by-mail/.

For all missing information, the State follows the same procedures as it does for signature mismatch: the voter is offered a replacement ballot if the rejection occurs 5 or more days before the election. If the rejection occurs less than 5 days before the election, the State must attempt to reach the voter by phone or email, and the voter can vote at his or her election office or vote at his or her polling place on election day. Minn. Stat. 203B.121; http://sos.state.mn.us/elections-voting/other-ways-to-vote/vote-early-by-mail/.

http://sos.state.mn.us/elections-voting/other-ways-to-vote/vote-early-by-mail/http://sos.state.mn.us/elections-voting/other-ways-to-vote/vote-early-by-mail/http://sos.state.mn.us/elections-voting/other-ways-to-vote/vote-early-by-mail/

Miss. Code. § 23-15-713 (listing a relatively narrow set of permissible excuses to vote absentee).

Absentee voter instructions state, "Place the necessary postage on the envelope and deposit it in the post office or some government receptacle..." Miss. Code. § 23-15-631(1)(c).

Received by the Clerk's Office November 2nd at 5:00pm. Miss. Code. Ann. § 23-15-721(3).

It is illegal to hand-deliver ballots in Mississippi. https://www.sos.ms.gov/content/documents/elections/County%20Election%20Handbook_10%202019.pdf.

Miss. Code. §§ 23-15-639;23-15-641; see Boyd v. Tishomingo County Democratic Exec. Comm., 912 So. 2d 124, 130 (Miss. 2005).

Miss. Code. § 23-15-641(1).

https://www.sos.ms.gov/content/documents/elections/County%20Election%20Handbook_10%202019.pdfhttps://www.sos.ms.gov/content/documents/elections/County%20Election%20Handbook_10%202019.pdf

Eligibility includes "incapacity or confinement due to illness or physical disability, including a person who is primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability." Mo. Rev. Stat. § 115.277. Other voters eligible to vote absentee include those who will be absent on election day, have a religious belief or practice, are employed as an election authority outside their own polling place; are incarcerated; are enrolled in the address confidentiality program for safety concerns; has moved within the state and is eligible to vote via the federal postcard; has moved in state to vote for president. Id.

Mo. Rev. Stat. § 115.285.

Ballots must be received by close of polls on election day. Mo. Rev. Stat. § 115.293.

Ballots may only be returned by the voter in person, or by a relative within the second degree of consanguinity or affinity, or by mail or by a team of deputy election authorities. Mo. Rev. Stat. § 115.291. Deputy election authorities are appointed by the election authority in bipartisan pairs and must be registered voters in the jurisdiction. Id. § 115.053.

Generally, absentee ballots need to be notarized (although notaries can't charge fees for notarizing absentee ballots). The exception is for voters who are permanently disabled, who do not need to obtain notarization. Mo. Rev. Stat. § 115.283.

Absentee ballots are rejected if missing any information on the envelope, Mo. Rev. Stat. § 115.295, except that ballots cannot be rejected for failure to state the reason for voting absentee. Id. § 115.29

Any registered voter may vote by absentee ballot. Mont. Code 13-13-201(1); 13-13-212(1)(a), (3).

Mont. Code 13-13-214(1)(a).

Must be received by 8 p.m. on election day (unless federal write in ballot or military-overseas ballot). Mont. Code 13-13-201(3).

Individuals authorized to collect ballots are: an election official; a U.S. postal service worker or other individual specifically authorized by law to transmit U.S. mail; a caregiver; a family member; a household member; or an individual known by the voter. Persons other than election officials and USPS workers and other individuals specifically authorized by law to transmit U.S. mail may not collect and convey more than six ballots, and must sign a registry when delivering the ballot. Mont. Code Ann. § 13-35-703.

Elector has until 8 pm on Election Day to cure by verifying the elector's signature or by providing a signature, after proof of identification, by affirming that the signature is in fact the elector's and by completing a new registration form containing the elector's current signature. Mont. Code 13-13-241; 13-13-245.

Voter also has until 8 pm on Election Day to resolve the reason for their ballot being handled as a provisional ballot (such as not providing sufficient ID as required) or to confirm the validity of their ballot. Mont. Code 13-13-245.

Neb. Rev. Stat. Ann. § 32-938(1).

All postage costs related to returning the ballot must be paid by the voter. Neb. Rev. Stat. Ann. § 32-949(3).

Must be received by close of polls on Election Day. Neb. Rev. Stat. Ann. § 32-950.

The Nebraska Secretary of State's website notes that a ballot may be returned by an agent. https://sos.nebraska.gov/elections/early-voting.

Nebraska does not appear to confirm voters' identities based on signature matching. Signature comparison is not part of the review process. Neb. Rev. Stat. Ann. § 32-1027 (3).

Nebraska statute does not appear to provide any opportunities to cure a ballot.

https://sos.nebraska.gov/elections/early-voting

Except for limited circumstances (e.g. a first time voter who registered by mail/computer), any registered voter may vote by absentee ballot. Nev. Rev. Stat. § 293.313.

Nev. Rev. Stat. § 293.323(3). Applies if the voter is within the boundaries and territories of the United States or on a military base.

Will be counted if postmarked on or before Election Day. Nev. Rev. Stat. § 293.317(1)(b). If an absentee ballot is received not more than 3 days after the day of the election and the date of the postmark cannot be determined, the absent ballot shall be deemed to have been postmarked on or before the day of the election. Nev. Rev. Stat. § 293.317(2).

Only the voter or a family member may return the ballot. Nev. Rev. Stat. § 293.353(4).

New law as of January 1, 2020: at least two employees must decide there is a reasonable question of fact as to whether the signature matches, and the clerk must contact the voter to confirm it is their signature. Nev. Rev. Stat. §293.325(1)(b).

If the voter failed to sign the ballot, the clerk must contact the voter and allow them to sign. Nev. Rev. Stat. § 293.325(3).

Any person who will be absent on the day of any state election from the city, town, or unincorporated place in which he or she is registered to vote or who cannot appear in public on any election day because of his or her observance of a religious commitment or who is unable to vote there in person by reason of physical disability may vote at such elections as provided in this chapter. N.H. Rev. Stat. Ann. § 657:1.

See N.H. Rev. Stat. Ann. § 657:17 (providing the method of ballot return by mail and instructing the voter to have postage affixed); NH Sec'y of State, Ballot Instructions for Absentee Voters, https://sos.nh.gov/WorkArea/DownloadAsset.aspx?id=8589993551.

In any state election, a town or city clerk shall not accept any completed absentee ballots delivered to the clerk after 5:00 p.m. on election day except as the law otherwise provides for emergency services workers (e.g., police, firefighters) and disabled voters who could not access their polling place. N.H. Rev. Stat. Ann. § 657:22.

Only the voter or the voter's "delivery agent" may return the ballot in person. A delivery agent is narrowly defined to include a family member, nursing home or residential care employee, or assistant to a voter with a disability. Such individuals may personally return the ballot and must complete a form and present a government-issued photo ID or have his or her identity confirmed by the city or town clerk. Only the voter or a person assisting a voter with a disability may mail the absentee ballot. The person assisting a voter with a disability must complete an affidavit on the ballot envelope. N.H. Rev. Stat. § 657:17.

New Hampshire District Court held New Hampshire signature match unconstitutional and permanently enjoined enforcement. Saucedo v. Gardner, 335 F. Supp. 3d 202, 222 (D.N.H. 2018). However, law still states: 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 N.H. Rev. Stat. Ann. § 659:53. The secretary of state shall make available a public website by which an absentee voter, in every state election, may determine whether...the absentee ballot was challenged and rejected by the moderator on election day, including the reason for the challenge. N.H. Rev. Stat. Ann. § 657:26; 659:50.

https://sos.nh.gov/WorkArea/DownloadAsset.aspx?id=8589993551

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 N.H. Rev. Stat. Ann. § 659:53. The secretary of state shall make available a public website by which an absentee voter, in every state election, may determine whether…the absentee ballot was challenged and rejected by the moderator on election day, including the reason for the challenge. N.H. Rev. Stat. Ann. § 657:26.

N.J.S.A. 19:63-3 (any qualified voter is entitled to vote by mail).

Varies by county. Postage may be prepaid at the discretion of the county clerk. N.J.S.A. 19:63-12.

Ballots must be postmarked by Election Day and received within 48 hours of the polls closing. N.J.S.A. 19:63-22.

A voter may designate a bearer or authorized messenger to mail or personally return his or her ballot, but no person shall serve as a bearer or authorized messenger for more than three voters in one election. N.J. Stat. Ann. § 19:63-9(a); § 19:63-16(d)(3). Additionally, a candidate may not serve as a bearer or messenger. N.J. Stat. Ann. § 19:63-16(d)(3). A bearer must certify that he or she received a mail-in ballot directly from the voter, and no other person, and is authorized to deliver the ballot to the appropriate board of election or designee on behalf of the voter. N.J. Stat. Ann. § 19:63-16(d)(3).

A ballot can be rejected because of a failed signature match, but the state does not appear to provide any mechanism to cure that rejection. See N.J.S.A. 19:63-8 (permitting clerk to reject ballot for signature mismatch and requiring notification of rejection); N.J.S.A. 19:63-17 (permitting rejection of ballot, and providing that "[d]isputes 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").

A ballot can be rejected if the information contained on flap of the inner envelope (address, signature, printed name) does not match the information in the vote by mail application, and voter must be notified of rejection, but there is no stated mechanism for curing that deficiency. N.J.S.A. 19:63-17; N.J.S.A. 19:63-13 (content of inner flap of envelope).

“A voter may vote absentee in all candidate contests and on all ballot questions as if the voter had appeared on the day of the election to vote in person at a polling location.” N.M. Stat. Ann. § 1-6-3.

N.M. Stat. Ann. § 1-6-8(A)(2).

Ballots must be received by 7 pm on election day. N.M. Stat. Ann. § 1-6-10(c).

A voter, caregiver to that voter or member of that voter's immediate family may deliver that voter's absentee ballot to the county clerk in person or by mail, provided that the voter has subscribed the outer envelope of the absentee ballot and the person returning the ballot has signed the envelope and indicated their relationship to the voter. N.M. Stat. Ann. §§ 1-6-10.1; 1-6-9.

State's signature verification process is unclear. The statute refers only to the lack of a signature as being grounds for a challenge. N.M. Stat. Ann. § 1-6-14(C)(2). While the statute also refers to a challenge being "satisfied by the voter before the conclusion of the county canvass or as part of an appeal," it does not prescribe a process for notifying a voter of a challenge in connection with voting by mail. Id. §§ 1-6-14(D), 1-12-22.

The statute refers to the lack of identification as being grounds for a challenge. N.M. Stat. Ann. § 1-6-14(C)(2). While the statute also refers to a challenge being "satisfied by the voter before the conclusion of the county canvass or as part of an appeal," it does not prescribe a process for notifying a voter of a challenge in connection with voting by mail. Id. §§ 1-6-14(D), 1-12-22. Note that state law defines voter identification to include "a verbal or written statement by the voter of the voter's name, registration address and year of birth." Id. § 1-1-24(B).

A voter must meet qualifications specified in the statute in order to vote by absentee ballot. See N.Y. Elec. Law § 8-400.

The law does not specify whether the state provides postage.

Ballots must be postmarked by Election Day and received no later than seven days after Election Day. N.Y. Elec. Law § 8-412(1).

There is no explicit prohibition on an agent or designee mailing or delivering an absentee ballot. The law states that the completed ballot "shall then be mailed or delivered to the board of elections of the county or city of [the voter's] residence." N.Y. Elec. Law § 8-410.

While an absentee ballot may be challenged on the grounds that the signature on the ballot envelope does not correspond to the signature on the registration poll record, there does not appear to be an opportunity for the voter to cure. N.Y. Elec. Law § 8-506.

The law does not explicitly provide for a way to cure deficient/incomplete absentee ballots.

"Any qualified voter of the State may vote by absentee ballot in a statewide primary, general, or special election." N.C. Gen. Stat. § 163-226(a).

The law does not specify whether the state provides postage.

To be counted: (1) if delivered in person or by courier, the ballot must be returned to the County Board by 5pm on Election Day, or (2) if mailed, the ballot must be postmarked by Election Day, and received by the County Board by 5pm no later than 3 days after the election. N.C. Gen. Stat. § 163-231(b).

A voter’s near relative or verifiable legal guardian may mail or personally return an absentee ballot. N.C. Gen. Stat. § 163-231(b)(1).

If a voter fails to properly execute the application on the envelope, it is likely that the ballot will be rejected. North Carolina laws are silent on whether the voter is personally notified that his or her absentee ballot is rejected and on whether the voter is given an opportunity to cure or correct whatever was deficient about the ballot that led to its rejection.

If a voter fails to properly execute the application on the envelope, it is likely that the ballot will be rejected. North Carolina laws are silent on whether the voter is personally notified that his or her absentee ballot is rejected and on whether the voter is given an opportunity to cure or correct whatever was deficient about the ballot that led to its rejection.

"Any qualified elector of this state may vote an absent voter's ballot at any general, special, or primary state election, any county election, or any city or school district election." N.D. Cent. Code Ann. § 16.1-07-01.

"A voter voting by absentee ballot may not require the political subdivision providing the ballot to bear the expense of the return postage for an absentee ballot." N.D. Cent. Code Ann. § 16.1-07-08.

Ballots must be postmarked no later than the day before the election. https://vip.sos.nd.gov/pdfs/Portals/Voting-MailBallotAbsentee.pdf.

There is no explicit prohibition on an agent or designee mailing or delivering an absentee ballot. ND Cent. Code § 16.1-07-08.

"At any time beginning on the day before election day and the closing of the polls on election day, the election clerks and board members of the relevant polling place first shall compare the signature on the application for an absent voter's ballot with the signature on the voter's affidavit provided for in section 16.1-07-08 to ensure the signatures correspond." N.D. Cent. Code Ann. § 16.1-07-12. However, there does not appear to be a cure process.

https://vip.sos.nd.gov/pdfs/Portals/Voting-MailBallotAbsentee.pdf

O.R.C. § 3509.03.

No for both applications and ballots.

Generally, all ballots must be delivered by close of polls on election day. However, return envelopes postmarked any day prior to the day of the election (in other words, up until the day before the election) and received through the 10th day after the election will be counted. O.R.C. § 3509.05.

Voter must mail his/her own absentee ballot, if submitting by mail. A family member of the absentee voter may personally deliver the ballot on behalf of the voter. O.R.C. § 3509.05.

Voter has until 7 days after the election to cure (either in person or by mail). O.R.C. § 3509.06, 3509.07.

Voter has until 7 days after the election to cure (either in person or by mail). O.R.C. § 3509.06, 3509.07).

26 Okl. Stat. Ann. § 14-105.

The county election board must send "A return envelope addressed to the secretary of the county election board" but it does not need to include postage. 26 Okl. Stat. Ann. § 14-107(3).

If mailed, absentee ballots must be returned by 7 p.m. on Election Day. If hand-delivered, then they must be delivered by the end of business on the day before Election Day. Okl. Stat. Ann. tit. 26, § 14-104.

Voters who become incapacitated in the week before an election may designate an agent to return their ballot. No person may be the agent for more than one voter at any election. Okl. Stat. Ann. tit. 26, § Okla. Stat. Ann. tit. 26, § 14-115.1 In addition, notary publics are specifically prohibited from submitting a complete absentee ballot on behalf of a voter other than himself or herself. Okl. Stat. Ann. tit. 26, § 14-108.1(A)(4).

Oklahoma does not appear to engage in signature matching; absentee ballot affidavits must be notarized. Okl. Stat. Ann. tit. 26, § 14-108.

If a voter's absentee ballot affidavit is rejected for any reason, the secretary of the county election board will immediately notify the voter in writing of the rejection and the reason. Okl. Stat. Ann. tit. 26, § 14-133. However, there does not appear to be a method to cure a rejected affidavit. A voter can apply to receive a replacement absentee ballot only if the voter "lost or did not receive" the original ballots. Okl. Stat. Ann. tit. 26, § 14-121.1.

All Oregon elections are conducted by vote by mail. Ore. Rev. Stat. 254.465

Ore. Rev. Stat. 254.473.

Ballot must be received by 8 pm on election day. see Ore. Rev. Stat. 254.470; VMB Manual at 6, https://sos.oregon.gov/elections/documents/vbm_manual.pdf.

A person may return a ballot on behalf of another voter. A person may not establish a location to collect ballots voted by electors unless: The person prominently displays at the location a sign stating: “NOT AN OFFICIAL BALLOT DROP SITE”; and the sign is printed in all capital letters in bold 50-point type. Ore. Rev. Stat. § 260.695; § 254.470.

Voter has until 14 days after the date of the election to provide evidence sufficient to disprove a challenge to their signature. Ore. Rev. Stat. 254.431.

Voter also has 14 days after the date of the election to provide sufficient proof that they are a qualified elector. Ore. Rev. Stat. 254.426;254.415.

https://sos.oregon.gov/elections/documents/vbm_manual.pdf

Beginning with elections in 2020, a qualified elector who is not qualified to be an absentee elector may vote by an official mail-in ballot in any primary or general election held in Pennsylvania. 25 Pa. Stat. Ann. § 3150.11(a).

If the ballot is mailed, the voter is responsible for paying postage, unless the envelope is franked. 25 Pa. Stat. Ann. §§ 3146.6(a); 3150.16. Some counties have historically included postage on return envelopes, however.

Absentee or mail-in ballots must be received by 8 pm on election day. 25 Pa. Stat. Ann. §§ 3146.6(c); 3150.16(a).

Absentee and mail-in ballots must be returned by mail or delivered in person by the voter, unless the voter is disabled. 25 Pa. Stat. Ann. §§ 3146.6(a); 3150.16(a).

The county boards must hold a hearing within 5 days of the canvass of absentee/mail-in ballots, at which challenged voters (who must be notified of the hearing) may provide testimony to cure challenges to their eligibility to vote. 25 Pa. Stat. § 3146.8(g)(3). While the law doesn't explicitly allow challenges due to signature mismatches, historically, eligibility challenges have been made/challenge hearings held on these grounds. See Appeal of Petrucci, 56 Luz.L.R. 31, 38 Pa. D. & C.2d 675 (1965).

At the hearing for challenged ballots (see column P), voters may provide testimony on any challenge of their eligibility to vote. Pa. Stat. § 3146.8(g)(3). However, the law/guidance do not provide specificity on what grounds such challenges must be based on or how to cure challenged ballots. See Pa. Dept. of State, Pennsylvania Balloting & Envelope Guidance 13 (Jan. 2020), available at https://www.dos.pa.gov/VotingElections/OtherServicesEvents/Documents/PADOS_BallotingandEnvelope_CountyGuidance_v1.0.pdf.

https://www.dos.pa.gov/VotingElections/OtherServicesEvents/Documents/PADOS_BallotingandEnvelope_CountyGuidance_v1.0.pdfhttps://www.dos.pa.gov/VotingElections/OtherServicesEvents/Documents/PADOS_BallotingandEnvelope_CountyGuidance_v1.0.pdf

See 17 R.I. Gen. Laws Ann. § 17-20-2 for the list of voters who qualify to vote absentee.

The state sometimes provides postage-paid mail ballots, but it appears to depend on budget allocation by the Office of the Secretary of State. The Office provided prepaid postage for the first time in 2018. See https://www.ri.gov/press/view/34407. Otherwise, the statute holds the voter responsible for providing postage but notes that a ballot will not be rejected for not having sufficient postage. 17 R.I. Gen. Laws Ann. § 17-20-24.

Ballots must be received by the state board by close of polls on Election Day. 17 R.I. Gen. Laws Ann. § 17-20-16.

There is no explicit prohibition on an agent or designee mailing or delivering an absentee ballot or a mail-in ballot. The statute requires that the voter "cause the envelope to be delivered to the state board." 17 R.I. Gen. Laws Ann. § 17-20-23(c).

Voters whose signatures are challenged may personally appear at the Board of Elections office to confirm their signature or return a Signature Certification Affidavit Form. 410 R.I. Code R. 20-00-23.12(C)(1). This must occur no later than 4:00 p.m. on the 3rd day following the date of a primary or 7 days following the date of any other election. Id.

If a ballot was not signed or properly witnessed or notarized, or there is other missing information, the state will notify the voter within 1 business day via email and mail that the voter must provide the missing or deficient information for their ballot to count. 410 R.I. Code R. 20-00-23.12(B)(1), (2). The voter must provide this information no later than 4:00 p.m. on the 3rd day following the date of a primary or 7 days following the date of any other election. Id.

https://www.ri.gov/press/view/34407

See S.C. Code Ann. § 7-15-320 for the list of voters who qualify to vote absentee (e.g., students, overseas citizens, etc.)

Nothing in state law or guidance that shows postage is provided.

Ballots must be received by officials by the close of polls on Election Day. S.C. Code Ann. § 7-15-230.

Yes, but limited. A voter may authorize another person to return his/her absentee ballot by mail or personal delivery but must do so in writing on a form prescribed by the State Election Commission that must be turned in at the time the envelope is returned. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not permitted to serve as an authorized returnee for any person unless the person is a member of the voter's immediate family. S.C. Code § 7-15-385

South Carolina does not appear to confirm voters' identities based on signature matching. The statute invalidates an absentee ballot only if it wasn't received by the deadline or if it wasn't "properly signed and witnessed." S.C. Code Ann. §§ 7-15-420, 7-13-830.

South Carolina only provides the opportunity to respond to a challenge. S.C. Code Ann. §§ 7-15-420, 7-13-830.

SDCL § 12-19-1.

See generally SDCL § 12-19-5 (providing postage for federal service voters); South Dakota Legislative Research Council http://sdlegislature.gov/rules/DisplayRule.aspx?Rule=05:02:10:04.

"If an absentee ballot is delivered to a polling place after the polls are closed, the absentee ballot may not be counted or opened." SDCL § 12-19-12.

An authorized messenger can personally deliver a ballot. There is no explicit prohibition on an agent or designee mailing an absentee ballot. If a person is an authorized messenger for more than one voter, he must notify the person in charge of the election of all voters for whom he is a messenger. No person who is a candidate for any elective office at the election for which the ballot or ballots are to be voted, may serve as an authorized messenger. SDCL § 12-19-9; § 12-19-2.2; § 12-19-7.1.

The Election Board will compare a voter's written application to vote absentee with the statement on the ballot's envelope (unless the ballot is contained in a combined ballot application/return envelope, in which case the comparison of the statement and the application will be omitted). The Board will count the ballot if: the ballots received were voted by the voter whose name appears on the statement; the voter is registered in the precinct and has not already voted; and the written application and statement were both signed by the voter. SDCL § 12-19-10. The state does not provide a process for remedying rejected ballots.

The Election Board will compare a voter's written application to vote absentee with the statement on the ballot's envelope (unless the ballot is contained in a combined ballot application/return envelope, in which case the comparison of the statement and the application will be omitted). The Board will count the ballot if: the ballots received were voted by the voter whose name appears on the statement; the voter is registered in the precinct and has not already voted; and the written application and statement were both signed by the voter. SDCL § 12-19-10. The state does not provide a process for remedying rejected ballots.

http://sdlegislature.gov/rules/DisplayRule.aspx?Rule=05:02:10:04

Absentee voting or early vote by mail is only permitted for people who are eligible because of inability to attend the polls on election day. Tenn. Code Ann. § 2-6-201; see also Tenn. Sec'y of State, Absentee Voting, https://sos.tn.gov/products/elections/absentee-voting.

Not included in expenses to be covered by state. Tenn. Code Ann. § 2-6-312.

Any absentee ballot received by mail by the county election commission before the closing of the polls shall be processed as were absentee ballots received before election day. Tenn. Code Ann. § 2-6-303 (b); see also Tenn. Sec'y of State, Absentee Voting, https://sos.tn.gov/products/elections/absentee-voting#9.

There is no explicit prohibition on an agent or designee mailing an absentee ballot. Tenn. Code Ann. § 2-6-202.

If upon receipt of any absentee ballot the administrator determines that the ballot is not entitled to be cast under this title, the administrator shall mark the absentee ballot envelope “Rejected,” write the reason for the rejection on the envelope, and sign it. Notice of the rejection shall immediately be given in writing to the voter [but there is no opportunity to cure]. Tenn. Code Ann. § 2-6-204(b). But, note that if a voter receives notice of a deficient absentee ballot application before the deadline to apply for a ballot (7 days before election day) the voter may submit a new application. Tenn. Code Ann. § 2-6-202(d)(3).

If upon receipt of any absentee ballot the administrator determines that the ballot is not entitled to be cast under this title, the administrator shall mark the absentee ballot envelope “Rejected,” write the reason for the rejection on the envelope and sign it. The absentee ballot envelope, unopened, shall be placed in a container of rejected absentee ballots for the election. Notice of the rejection shall immediately be given in writing to the voter [but there is no opportunity to cure]. Tenn. Code Ann. § 2-6-204(b). But, note that if a voter receives notice of a deficient absentee ballot application before the deadline to apply for a ballot (7 days before election day) the voter may submit a new application. Tenn. Code Ann. § 2-6-202(d)(3); see also Tenn. Sec'y of State, Absentee Voting, https://sos.tn.gov/products/elections/absentee-voting#9.

https://sos.tn.gov/products/elections/absentee-votinghttps://sos.tn.gov/products/elections/absentee-voting#9https://sos.tn.gov/products/elections/absentee-voting#9

To be eligible to vote by mail in Texas, an individual must be: 65 years or older on Election Day; has a disability; out of the county on Election Day and during the period for early voting; or be confined in jail, but otherwise eligible to vote. Tex. Elec. Code ch. 82; Tex. Elec. Code Ann. §§ 84.001, 84.002.

Individuals must "place appropriate postage and return it." Tex. Harris County Clerk, Voting Information, https://www.harrisvotes.com/VotingInfo; Tex. Elec. Code § 86.007(e)(1).

The ballot must be received either before the polls close on Election Day, or if postmarked by 7pm on Election Day it must be received no later than 5pm the day after Election Day. Tex. Elec. Code Ann. § 86.007(a).

Ballots by mail can only be delivered in-person by the voter who voted the ballot, and the voter must present identification. Ballots by mail can be deposited in the mail or with a common carrier by persons other than the voter, including a person related to the voter within the second degree by affinity or the third degree by consanguinity; a person physically living in the same dwelling as the voter; a person who possesses a ballot or carrier envelope solely for the purpose of lawfully assisting a voter who was eligible for assistance. People who deposit ballots in the mail for a voter must provide their signature, printed name, and residence address on the absentee ballot envelope. (Tex.