In the midst of primary season, voters may wonder about the laws that govern how and when states count absentee/mail-in ballots.
Every state provides a method for voters to cast ballots without visiting a physical polling place, but policies for counting those ballots differ from state to state.
State laws prescribe when election officials can begin processing absentee/mail-in ballots, which involves taking administrative steps required to prepare ballots for tabulation. Which activities are allowed during processing also vary from state to state, as does when election officials can begin counting ballots. Some states have deadlines for completing the count of absentee/mail-in ballots.
In some states, laws require election officials to complete certain actions weeks before election day. In Vermont, for instance, processing may begin 45 days before the election.
In others, laws prohibit election officials from taking any action with ballots until election day. Six states do not permit election officials to begin any aspect of ballot processing until election day.
Nineteen states permit election officials to fully process and scan at least some early and absentee/mail-in ballots before election day. Twenty-five other states allow the partial processing of absentee/mail-in ballots before the election.
The timeline for counting absentee/mail-in ballots also differs from state to state. In some states, ballots may be scanned or tabulated before the election, with ballot tallying taking place on election day. In others, the entire counting process takes place on election day.
Sixteen states allow counting to begin prior to election day, and an additional 19 permit it before polls close on election day. Those states have laws prohibiting the disclosure of election results before the polls close. Fifteen states, meanwhile, require counting to begin after polls close on election day.
Eight states also provide a specific deadline by which election officials must complete the counting of absentee/mail-in ballots or otherwise certify the review of absentee/mail-in ballots. Eight states do not specify a completion deadline, but require election officials to continue counting on a predetermined schedule until all ballots are counted. The remaining states do not specify a deadline or schedule for completing the counting of absentee/mail-in ballots.
Regardless of when state laws permit election officials to process or count ballots, the work depends on when they receive completed ballots. Thirty-six states require that election officials receive absentee/mail-in ballots on or before election day.
Fourteen states, however, allow a post-election window for ballots postmarked by election day to be counted. Texas requires ballots to be received by the day after the election, while Washington will count ballots received up until the certification deadline.
This could change depending on how the U.S. Supreme Court rules in Watson v. Republican National Committee, a case challenging the legality of a Mississippi law that allows absentee ballots postmarked by election day to be counted if they are received up to five business days after the election.
Critics of the law argue that it is preempted by federal statutes, while supporters argue that the state policy complies with federal law. The Supreme Court is expected to issue a ruling in the case this summer.
So far this year, five states have enacted bills related to the return of absentee/mail-in ballots. That includes Mississippi HB 908, which would repeal the state’s five-day grace period if the Supreme Court rules it unlawful.
Fourteen states have enacted 17 bills governing the administration of absentee/mail-in voting so far this year. That includes South Dakota SB 171, which allows an absentee ballot counting board to begin meeting on the day before the election.
For more information on timelines related to absentee/mail-in voting, click here.
