Voting policies in the United States

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Election Information
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Voting in 2024
Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
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Select a state from the menu below to learn more about its voting policies.

Election and voting policies are enacted and enforced primarily at the state level. These rules dictate the manner in which elections are administered, as well as the conditions under which American citizens cast ballots in each individual state.[1][2]

This page provides an overview of notable election policies and directs to Ballotpedia's coverage of these issues in all 50 states. Also on this page are links to arguments supporting and opposing various election policies.

Find details on the following topics below:

Election administration and voting policies by state

Election administration policies are the rules and laws under which elections officials conduct elections in a given state. These include early and absentee voting provisions, voter identification requirements, voter registration and list maintenance methods, and more. Voting policies, while similar and sometimes overlapping with election administration policies, are the rules and laws under which a voter casts their ballot in a given state, and include election dates and deadlines, registration requirements, and more.

Each state's election administration and voting policies dictate who can vote and under what conditions.

Use the table below to read more about election administration and voting policies in each state.

Election administration and voting policies by state
State Election administration policies Voting policies
Alabama Election administration Voting
Alaska Election administration Voting
Arizona Election administration Voting
Arkansas Election administration Voting
California Election administration Voting
Colorado Election administration Voting
Connecticut Election administration Voting
Delaware Election administration Voting
Florida Election administration Voting
Georgia Election administration Voting
Hawaii Election administration Voting
Idaho Election administration Voting
Illinois Election administration Voting
Indiana Election administration Voting
Iowa Election administration Voting
Kansas Election administration Voting
Kentucky Election administration Voting
Louisiana Election administration Voting
Maine Election administration Voting
Maryland Election administration Voting
Massachusetts Election administration Voting
Michigan Election administration Voting
Minnesota Election administration Voting
Mississippi Election administration Voting
Missouri Election administration Voting
Montana Election administration Voting
Nebraska Election administration Voting
Nevada Election administration Voting
New Hampshire Election administration Voting
New Jersey Election administration Voting
New Mexico Election administration Voting
New York Election administration Voting
North Carolina Election administration Voting
North Dakota Election administration Voting
Ohio Election administration Voting
Oklahoma Election administration Voting
Oregon Election administration Voting
Pennsylvania Election administration Voting
Rhode Island Election administration Voting
South Carolina Election administration Voting
South Dakota Election administration Voting
Tennessee Election administration Voting
Texas Election administration Voting
Utah Election administration Voting
Vermont Election administration Voting
Virginia Election administration Voting
Washington Election administration Voting
West Virginia Election administration Voting
Wisconsin Election administration Voting
Wyoming Election administration Voting

Policies

Early voting

See also: Early voting

Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. Some states allow voters to cast absentee ballots in person. States that allow in-person absentee voting without an excuse are counted below among no-excuse early voting states.

HIGHLIGHTS
  • As of February 2024, 47 states and the District of Columbia permitted no-excuse early voting. For a full list of these states, see here.[3]
  • Proponents argue that early voting opportunities make the voting process more convenient for citizens, thereby increasing turnout and diversifying the electorate.
  • Critics argue that citizens who vote early may be more likely to make ill-informed decisions.

    • No-excuse absentee voting

    See also: Absentee voting

    Absentee/mail-in voting is voting that does not happen in person on Election Day but instead occurs another way (generally by mail). All states allow for some form of absentee/mail-in balloting. Some states require voters to provide a valid excuse to vote absentee/by mail, while others allow any eligible voter to cast an absentee/mail-in ballot.[3][4]

    HIGHLIGHTS
  • Absentee/mail-in voting procedures can be divided into two categories: automatic mail-in ballot systems and request-required mail-in ballot systems.
  • Automatic mail-in ballot systems mandate that all eligible voters receive a mailed ballot by default. These are sometimes referred to as all-mail voting systems.
  • Request-required mail-in ballot systems require that eligible voters initiate the process for receiving, and casting, mail-in ballots. These have traditionally been described as absentee voting systems.

    • Returning absentee ballots

    See also: Ballot collection laws by state

    Most states have laws permitting someone besides a voter to return the voter's mail ballot. These laws vary by state. Mail ballots take the form of absentee ballots and ballots cast in vote-by-mail states.

    As of June 2024:[5][6]

    • 24 states and D.C. permitted someone chosen by the voter to return mail ballots on their behalf in most cases
    • 15 states specified who may return ballots (i.e., household members, caregivers, and/or family members) in most cases
    • 1 state explicitly allowed only the voter to return their ballot
    • 10 states did not specify whether someone may return another's ballot

    Voter ID

    See also: Voter identification laws by state

    These laws require voters to present some form of identification at the polls. In some cases, the required identification must include a photo.

    As of April 2024, 35 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 24 required voters to present identification containing a photograph, and 11 accepted other forms of identification. The remaining 16 states did not require voters to present identification in order to vote at the polls on Election Day.

    Valid forms of identification differ by state. In certain states that require voters to provide identification, there may be exceptions that allow some voters to cast a ballot without providing an ID. To see more about these exceptions, see details by state below. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.

    Online voter registration

    See also: Online voter registration

    Traditionally, paper-based systems have been used by the states to register voters. Under these systems, a prospective voter completes a paper form and submits it to election officials. Officials then review the registration and, if appropriate, approve it, adding the name of the voter to the state's voter registration rolls. In an online registration system, "the voter fills out a form via an internet site, and that paperless form is submitted electronically to election officials." Proponents of online voter registration argue that such systems can lower costs and improve accessibility for voters. Some have raised concerns about the security of such systems in the wake of high-profile consumer data breaches; according to the National Conference of State Legislatures in January 2016, "there have been no known breaches of existing online voter registration systems in participating states."[7]

    As of April 2024, 42 states, Washington, D.C., and Guam allowed online voter registration.[7]

    Same-day voter registration

    See also: Same-day voter registration

    Same-day voter registration enables voters to register and vote at the same time. Same-day registration is sometimes referred to as Election Day registration.[5]

    HIGHLIGHTS
  • As of June 2024, 22 states and the District of Columbia had same-day registration provisions enabling voters to register and vote at the same time.[5]
  • In 12 of these states, Democrats held a trifecta, Republicans held a trifecta in six, and four states had divided government.
  • In 21 of these states and the District of Columbia, same-day voter registration is available on Election Day (and often during the early voting period as well).
  • North Carolina is the only state that offered same-day registration during the early voting period, but not on Election Day.
  • Two states, Alaska and Rhode Island, allowed same-day registration to vote for president and vice-president.


    • In states that allow same-day registration, voters must generally provide proof of residency (e.g., utility bill, pay stub) and identity (e.g., driver's license) at the time of registration.

    Automatic voter registration

    See also: Automatic voter registration

    Under an automatic voter registration system, eligible voters are automatically registered to vote whenever they interact with certain government agencies, such as departments of motor vehicles. Eligible voters are registered by default, although they may request not to be registered.[5][8]

    HIGHLIGHTS
  • As of June 2024, 24 states and the District of Columbia had enacted automatic voter registration policies.
  • In 2015, California and Oregon became the first states to enact automatic voter registration policies.
  • In 2016, Alaska became the first state to enact an automatic voter registration policy via ballot measure.
  • The most recent states to enact automatic voter registration policies were Delaware, Minnesota, and Pennsylvania in 2023.[9][10][11]

    • Voter registration list maintenance

    According to the National Conference of State Legislatures, "All states take steps to keep their voter registration rolls accurate and up-to-date. The goal of maintaining an accurate voter list is to prevent ineligible people from voting, prevent anyone from voting twice and, by reducing inaccuracies, speed up the voter check-in process at polling places." Election officials endeavor to ensure that the names of deceased persons, non-voting felons and former residents are not included on voter lists.[12]

    The states employ a variety of different methods and tools in this endeavor. States cross-check their voter lists against data from federal agencies, including the Social Security Administration, the Department of Homeland Security and the United States Postal Service. State election agencies also verify voter lists against information from other state agencies, including departments of vital statistics, motor vehicle registration agencies and departments of corrections.[12]

    In 2012, the Pew Charitable Trusts published a report on voter registration systems in the United States. The following were notable findings:[13]

    1. "Approximately 24 million—one of every eight—voter registrations in the United States are no longer valid or are significantly inaccurate."
    2. "More than 1.8 million deceased individuals are listed as voters."
    3. "Approximately 2.75 million people have registrations in more than one state."
    4. "Researchers estimate that at least 51 million eligible U.S. citizens are unregistered, or more than 24 percent of the eligible population."

    The process of removing ineligible names from voter lists, sometimes referred to as "purging," can be contentious. In a 2008 report released by the Brennan Center for Justice, Myrna Pérez wrote, "Far too frequently ... eligible, registered citizens show up to vote and discover their names have been removed from the voter lists. States maintain voter rolls in an inconsistent and unaccountable manner. Officials strike voters from the rolls through a process that is shrouded in secrecy, prone to error and vulnerable to manipulation."[14]

    Recount laws

    See also: Election recount laws and procedures in the 50 states

    An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters. Recounts can happen in races at any level, from local offices up to presidential elections. In the case of presidential elections, however, recounts are carried out at the state level rather than nationally.

    Click here to view a nationwide overview of recount laws.

    Electoral systems

    See also: Electoral systems

    The term electoral system can refer to the method by which elections are conducted (e.g., whether officials are elected in single-winner versus multi-winner systems) or the method by which votes are tallied to determine the outcome of an election (e.g., plurality systems, majority systems, ranked-choice voting systems, etc.). In the United States, most federal and state-level officials are elected via plurality vote in single-winner elections, although some jurisdictions (e.g., cities, school boards, etc.) employ alternative electoral systems.

    HIGHLIGHTS
  • A total of 40 states conduct only single-winner contests for state legislative elections. The remaining 10 states utilize multi-winner contests in elections for at least one of their state legislative chambers.
  • All gubernatorial elections are, by nature of the office, single-winner elections. Of the 50 states, 45 determine the winners of gubernatorial elections via plurality vote. Three of the remaining five (Louisiana, Georgia, and Mississippi) determine winners via majority vote. Maine and Alaska used ranked-choice voting.
  • In every state, United States Senators and United States Representatives are elected in single-winner elections. Of the 50 states, 46 determine winners in congressional elections via plurality vote. Two of the remaining four (Louisiana and Georgia) determine winners via majority vote. Maine and Alaska used ranked-choice voting.

    • Primary types

    See also: Primary types

    Primary elections allow voters to determine which candidates compete in the general election and can be nonpartisan or partisan. In partisan primaries, voters choose the candidates they prefer for a political party to nominate in the general election.

    The laws governing primary elections vary from state to state and can even vary within states by locality and political party. For example, only registered party members are allowed to vote in closed primaries, while registered party members and unaffiliated voters are allowed to vote in semi-closed primaries, and all voters are allowed to vote in open primaries.

    Primary elections also vary by the way their outcomes are determined. Majority systems require the winning candidate to receive at least fifty percent of the votes cast, while plurality systems do not. In top-two primaries, top-four primaries, and blanket primaries, all candidates are listed on the same ballot, regardless of partisan affiliation.

    Ranked-choice voting (RCV)

    See also: Ranked-choice voting (RCV)

    A ranked-choice voting system (RCV) is an electoral system in which voters rank candidates by preference on their ballots. There are multiple forms of ranked-choice voting, including instant-runoff voting, and single-transferable vote.

    As of May 2024, ranked-choice voting was used for regular statewide elections in two states, Alaska and Maine.[15][16] Hawaii also used ranked-choice voting for special congressional elections.[17] Fourteen other states used ranked-choice voting in some local elections, while eight states had passed laws banning or prohibiting the use of ranked-choice voting statewide.

    Voting rights for people convicted of a felony

    See also: Voting rights for people convicted of a felony

    Voting rights for people convicted of a felony vary substantially from state to state. As of April 2024, people convicted of a felony in Maine, Vermont, and Washington, D.C. retained the right to vote while incarcerated. In 38 other states, people convicted of a felony could not vote while incarcerated but automatically regained the right to vote upon their release or at some point thereafter. Ten states did not automatically restore voting rights for people convicted of a felony.[5][18][19]

    Generally, governors across the United States may exercise the executive authority to restore voting rights by pardon on an individual basis. However, the policies described in this article deal with automatic restoration of voting rights for people convicted of a felony.

    Post-election auditing

    Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.[5][20]

    Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.

    As of December 2023, 41 states and the District of Columbia required some form of post-election audit. Of these, 36 states and the District of Columbia required traditional post-election audits, three states required risk-limiting post-election audits, and two states required procedural post-election audits.[21]


    Private funding of election administration

    See also: Laws governing the private funding of elections

    The private funding of elections refers to the practice of nonprofits, private organizations, or individuals providing funding or other resources to election administrators for the purpose of conducting or administering an election. As of April 2024, 28 states had enacted laws banning or otherwise restricting the use of private donations for election administration purposes. Twenty-one of these states had a Republican trifecta when the law was adopted; fives states had divided governments at the time. One other state, Louisiana, adopted their ban through a ballot measure. No states banned or restricted private election funding prior to 2021.

    Ballotpedia's Election Administration Legislation Tracker

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    State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job.

    Here's the solution: Ballotpedia's Election Administration Legislation Tracker.

    The table below lists recent election bills that have been introduced in or passed by state legislatures across the nation. The following information is included for each bill:

    • State
    • Bill number
    • Official name or caption
    • Most recent action date
    • Legislative status
    • Topics dealt with by the bill

    Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.

    Arguments for and against election policies

    See the following pages for an in-depth look at the debate into various topics related to voting policy and election administration.


    The Ballot Bulletin

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    The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.

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    See also

    External links

    Additional reading

    Footnotes

    1. ↑ American Civil Liberties Union, "Voting Rights" accessed January 19, 2024
    2. ↑ The Heritage Foundation, "Does Your Vote Count? Ensuring Election Integrity and Making Sure Every Vote Counts," accessed January 19, 2024
    3. ↑ 3.0 3.1 National Conference of State Legislatures, "Early In-Person Voting," March 23, 2023 Cite error: Invalid <ref> tag; name "ncslabsentee" defined multiple times with different content
    4. ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
    5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 National Conference of State Legislatures, "VOPP: Table 10: Who Can Collect and Return an Absentee Ballot Other Than the Voter," August 8, 2020 Cite error: Invalid <ref> tag; name "ncsl" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncsl" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncsl" defined multiple times with different content Cite error: Invalid <ref> tag; name "ncsl" defined multiple times with different content
    6. ↑ Ballotpedia used a different method than the National Conference of State Legislatures (NCSL) in compiling this analysis. We categorized states according to which broadly specified certain groups of individuals who may return mail ballots for most voters. NCSL's categories included states specifying that family members may return ballots and those that did not so specify.
    7. ↑ 7.0 7.1 National Conference of State Legislatures, "Online Voter Registration," accessed March 14, 2024 Cite error: Invalid <ref> tag; name "onlineregistration" defined multiple times with different content
    8. ↑ Brennan Center for Justice, "Automatic Voter Registration," October 26, 2023
    9. ↑ State of Delaware, "Automatic Voter Registration at DMV," June 20, 2023
    10. ↑ Minnesota State Legislature, "House File 3," accessed June 6, 2023
    11. ↑ NBC, "Pennsylvania rolls out automatic voter registration," September 19, 2023
    12. ↑ 12.0 12.1 National Conference of State Legislatures, "Voter List Accuracy," February 11, 2014
    13. ↑ Pew Center on the States, "Inaccurate, Costly, and Inefficient: Evidence That America's Voter Registration System Needs an Upgrade," February 2012
    14. ↑ Brennan Center for Justice, "Voter Purges: Executive Summary," accessed March 14, 2024
    15. ↑ Department of the Secretary of State; Bureau of Corporations, , "Ranked-choice Voting (RCV)," accessed November 29, 2023. In Maine, all statewide primaries and federal elections use ranked-choice voting. Other statewide elections such as for governor or the legislature do not. This is because of a 2017 ruling by the Maine Supreme Judicial Court concluding that "the Maine Constitution requires the winners of those offices in a general election to be decided by a plurality. Primary elections in Maine and elections for federal offices are governed by statute and not by the Maine Constitution."
    16. ↑ State of Alaska, Division of Elections, "Election Information," accessed November 29, 2023. In Alaska, all statewide general elections, except retention elections for state supreme court, use ranked-choice voting.
    17. ↑ State of Hawaii, Office of Elections, "Voting in Hawaii," accessed November 29, 2023.
    18. ↑ American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed March 20, 2023
    19. ↑ Brennan Center for Justice, "Restoring the Right to Vote by State," accessed March 20, 2023
    20. ↑ Election Assistance Commission, "Election Audits Across the United States," accessed August 15, 2023
    21. ↑ Ballotpedia research conducted in June 2023, researching and analyzing various state websites and codes.
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