The following is an extract from our short explainer “Things You Might Not Know About Elections.” You can find the entire explainer here: https://cffad.org/things-you-might-not-know-about-elections/
In the previous weeks, we have covered (1) how elections are essential to your freedom and prosperity, (2) how and why elections can take many forms, and (3) how choices made by our state legislatures and local election administrators can encourage trust or distrust. Last week, we covered secret ballots and election integrity. This week, we will explore absentee voting, voting by mail, and ballot-collecting – and how election integrity is protected for all three.
Absentee ballots, voting by mail, and ballot-collecting:
Absentee ballots: When citizens claim they cannot use their official polling station on election day, they may be entitled to request an absentee ballot. In some states (27 as of 2022), however, no excuse is needed. People granted absentee ballots might be able to vote early at a different location, such as their county clerk’s office, or, more commonly, send their vote through the mail or via an authorized ballot drop box. All states allow some form of absentee voting.
Voting by mail: It works like absentee voting, except that ballots are automatically sent to each registered citizen rather than only upon request. As of 2022, eight states conduct elections primarily by mail, most commonly in western states with large rural areas, such as Oregon, which pioneered the practice in 2000.
Ballot collecting: This practice, also characterized by some as “ballot harvesting,” is the gathering and submitting of completed absentee or vote-by-mail ballots by third-party individuals, volunteers, or workers — rather than submission by voters themselves directly to ballot collection sites. Many, but not all, states allow it. Supporters promote ballot collecting as a help to those who cannot easily reach a mailbox with regular service.
Some election integrity groups were concerned that the increased use of absentee ballots, voting-by-mail, and ballot collecting during the pandemic would lead to an increased risk of voter fraud. Some of the worries were:
- people could vote more than once in the same district using duplicate ballots
- people could vote in more than one district or state
- partisans could pose as legitimate voters and then fraudulently vote
- pressure could be put on vulnerable people to mark their ballot “correctly” in front of other people
- it could lead to vote-buying since ballots can be marked in front of the person paying the money
- some ballot collectors might deliberately lose ballots suspected of supporting the “wrong” party or candidate
- ballots could get lost or delayed by the U.S. Postal System.
There are several layers of defense against such fears, and they are effective.
Election fraud does sometimes occur, but it is incredibly rare and is too small in scale to affect most races at the national and state levels – though it has been harmful in some local races.
The first and main line of defense is each state’s voter database system. Such databases allow the state to cross-check absentee ballot applications and ballot submissions against the register. The result is that only one ballot is tallied per voter, and each voter can vote in their district only once.
This defense is possible only so long as the voter database registry is accurate. Similarly, up-to-date registries prevent voting in more than one district or state. This is why voters need to send in an updated application to vote if their address changes – and why jurisdictions and states need to update each other on the movements of their residents. As of 2023, various states are coordinating with each other in this regard, but a comprehensive system has yet to be agreed and implemented.
In addition, as of 2020, 32 states and the District of Columbia required ballot return envelopes to be signed and matched against voter signatures on file. This makes it difficult for operatives to fraudulently request ballots in other people’s names, just as it makes it possible to screen out fraudulent ballot submissions.
Most states have protections against coercion and bribery by ballot collectors. Some states are restrictive about who may collect ballots, often limiting the practice only to family members or designated caretakers. Some states limit how many ballots any person may collect on behalf of others. Many states require the voter to identify in writing his or her designated agent for the return of the ballot or require the individual who delivers the ballot to sign the outer return envelope.
Protections against lost ballot applications and ballot submissions exist as well. Ballot envelopes generally include an individualized serial number or bar code to ensure only one vote per individual voter. These codes allow election officials to keep track of ballot processing and help voters know whether their ballot has been received and counted. In most states, if a voter contacts an election official to report that a requested mail ballot has not been received, it can be tracked through an individualized bar code that allows officials to identify and cancel (or “spoil”) a stolen or lost ballot and send a new one. Bar codes also allow states to identify and eliminate duplicate ballots if more than one ballot has been cast in a voter’s name, whether mistakenly or corruptly. Drop-boxes can be located in secure, monitored areas. Lost ballots can be detected by comparing the number of ballot submissions received against the number of approved ballot distributions. An audit can be triggered if the gap is too large relative to the preliminary margin of victory.
Last but not least, anyone who commits voter fraud of any kind using a mail ballot risks severe criminal and civil penalties: up to five years in prison and $10,000 in fines for each act of fraud under federal law, in addition to any state penalties, that often include losing the right to vote in future elections. Today’s main takeaway is that the expansion in voting methods, especially during the COVID-19 pandemic, has been well-matched by procedures that make voter fraud very difficult. Tomorrow, we review the actual volume of voter fraud in the U.S.
If you want to learn more about elections, we have a 9-part course, each part is a 20-minute read. Easy! Click here: https://cffad.org/things-you-might-not-know-about-elections/
