Select a state from the menu below to learn more about its election administration.
Most states have laws that govern who may return a voter's absentee/mail-in ballot. These laws vary by state. Whether states should place restrictions on who may return absentee/mail-in ballots is a subject of debate. Terms used to refer to this topic include ballot harvesting, community ballot collection, ballot gathering, third-party possession of another's ballot, and ballot return.
Proponents of certain related restrictions may also use the term ballot harvesting to refer to other practices, such as restrictions on who can fill out or submit absentee/mail-in ballot applications.[1][2]
HIGHLIGHTS
18 states allowed anyone chosen by the voter to return a ballot on the voter's behalf, with certain exceptions.
16 states allowed anyone with certain relationships to the voter to return the voter's ballot.
4 states allowed only the voter to return the voter's ballot, with certain exceptions.
2 states required voters to return their ballots by mail.
10 states and D.C. did not specify who may return ballots.
As of November 2025, 18 states allowed anyone chosen by the voter to return a ballot on the voter's behalf, with certain exceptions, 16 states allowed anyone with certain relationships to the voter to return the voter's ballot, four states allowed only the voter to return the voter's ballot, with certain exceptions, two states required voters to return their ballot by mail, and 10 states and Washington, D.C. did not specify who may return ballots.
Some states have additional restrictions on ballot collection. As of November 2025, 10 states have laws restricting certain people, such as candidates or union representatives, from collecting a voter's ballot. Fourteen states have laws limiting the number of ballots a single person can return. Three states have restrictions on compensating collectors.
Only the voter may return their ballot, with certain exceptions. For voters casting a medical emergency ballot absentee ballot, anyone chosen by the voter may return a ballot
Anyone with certain relationships to the voter may return a ballot. Anyone chosen by the voter may return a ballot for voters who obtained an absentee ballot due to illness
Anyone with certain relationships to the voter may return a ballot. For voters with disabilities, anyone chosen by the voter may return a ballot, with certain exceptions
Only a voter may return their ballot. For voters who are ill or disabled and who are casting an emergency absentee ballot, anyone chosen by the voter may return the ballot, with certain exceptions
An attorney general opinion states that anyone may return a ballot via the mail or a drop box, with certain exceptions. For voters who are incapacitated or hospitalized and casting an emergency ballot, anyone chosen by the voter may return a ballot, with certain exceptions
This section provides information about laws addressing ballot collection in each state.
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
D.C.
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Alabama law allows only a voter to return their absentee ballot. State law says that "the voter shall seal his or her ballot in the plain envelope, place that plain envelope inside the affidavit envelope, complete the affidavit, have a notary public (or other officer authorized to acknowledge oaths) or two witnesses witness his or her signature to the affidavit, and forward it by United States mail to the absentee election manager or hand it to him or her in person."[5]
According to the Alabama Secretary of State, a voter who qualifies for a medical emergency ballot absentee ballot "may designate someone to turn in the medical emergency absentee ballot application, receive the absentee ballot on behalf of the voter, and return the voted absentee ballot to the Absentee Election Manager on behalf of the voter."[6]
Alaska law does not specify whether someone can return an absentee ballot on a voter's behalf.
Alaska law allows a representative to return an absentee ballot for a voter who qualifies for a special needs ballot and specifies who may not act as a representative. It states the following:
"A qualified voter with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot. ... The representative shall deliver the ballot and voter certificate to an election official not later than 8:00 p.m. Alaska time on election day. ... The voter's employer, an agent of the voter's employer, or an officer or agent of the voter's union may not act as a representative for the voter. A candidate for office at an election may not act as a representative for a voter in the election."[7]
Arizona permits a family member, household member, or caregiver to return a voter's absentee ballot. It establishes the collection of early ballots by anyone outside those groups as a class 6 felony. The law states the following:[8]
“
A person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 felony. An election official, a United States postal service worker or any other person who is allowed by law to transmit United States mail is deemed not to have collected an early ballot if the official, worker or other person is engaged in official duties.
I. Subsection H of this section does not apply to:
1. An election held by a special taxing district formed pursuant to title 48 for the purpose of protecting or providing services to agricultural lands or crops and that is authorized to conduct elections pursuant to title 48.
2. A family member, household member or caregiver of the voter. For the purposes of this paragraph:
(a) "Caregiver" means a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home.
(b) "Collects" means to gain possession or control of an early ballot.
(c) "Family member" means a person who is related to the voter by blood, marriage, adoption or legal guardianship.
(d) "Household member" means a person who resides at the same residence as the voter.[9]
Arkansas law permits a designated bearer to return absentee ballots for up to two voters, an authorized agent to return ballots for up to two voters who are "in a hospital or long-term care or residential care facility licensed by the state," and an administrator to return ballots for "any voter who is a patient of a long-term care or residential care facility licensed by the state and who authorizes the administrator to obtain an absentee ballot on his or her behalf."
The law specifies that false information provided by any of the above is subject to a fine of up to $10,000 or up to 10 years of imprisonment.[10]
“
(1) A designated bearer may obtain absentee ballots for no more than two (2) voters per election. ...
A designated bearer receiving an absentee ballot from a voter shall obtain the absentee ballot directly from the voter and deliver the absentee ballot directly to the county clerk. ...
(7) When providing an absentee ballot to a designated bearer or receiving an absentee ballot from a designated bearer, the county clerk shall provide to the designated bearer a written notice informing the designated bearer that:
(A) A designated bearer may obtain ballots for no more than two (2) voters per election;
(B) A designated bearer shall at no time have more than two (2) ballots in his or her possession;
(C) A designated bearer shall not deliver ballots to the county clerk for more than two (2) voters per election; and
(D) Possession of an absentee ballot with the intent to defraud a voter or an election official is a felony under § 7-1-104. ...
(1) An authorized agent may deliver applications for absentee ballots to the county clerk and obtain absentee ballots from the county clerk for not more than two (2) voters per election who cannot cast a ballot at the appropriate polling place on election day because the voter is a patient in a hospital or long-term care or residential care facility licensed by the state.
(2) At no time shall an authorized agent have more than two (2) absentee ballots in his or her possession. ...
(B) An authorized agent receiving an absentee ballot from a voter shall deliver the absentee ballot directly to the county clerk. ...
(6) When an authorized agent delivers an absentee ballot to the county clerk, the:
(A) Authorized agent shall show some form of current photographic identification to the clerk;
(B) Clerk shall print the authorized agent's name and address beside the voter's name on a register;
(C) Authorized agent shall sign the register under oath indicating delivery of the voter's ballot; and
(D) The county clerk shall not accept an absentee ballot from an authorized agent who does not sign the register under oath.
(7) The county clerk shall write or stamp the words "AUTHORIZED AGENT" and the agent's name and address on the voter's absentee ballot return envelope. ...
(c)
(1) The county clerk shall keep a register of designated bearers and authorized agents.
(2) The designated bearer and authorized agent register shall contain the following oath on each page: "I ACKNOWLEDGE THAT ARKANSAS LAW PROHIBITS DESIGNATED BEARERS AND AUTHORIZED AGENTS FROM RECEIVING OR RETURNING MORE THAN TWO (2) ABSENTEE BALLOTS PER ELECTION. I HAVE COMPLIED WITH THE ARKANSAS LAW. I UNDERSTAND THAT IF I PROVIDE FALSE INFORMATION ON THIS FORM, I MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL AND STATE LAWS."
(d)
(1) (A) An administrator may deliver to the county clerk an application for an absentee ballot for any voter who is a patient of a long-term care or residential care facility licensed by the state and who authorizes the administrator to obtain an absentee ballot on his or her behalf. ...
(A) An administrator may deliver the absentee ballot to the county clerk for any voter who names the administrator on his or her application and voter statement.
(B) Absentee ballots may be delivered to the county clerk in person by the administrator or by mail.
(6) When the ballots are returned by the administrator in person or by mail, the county clerk shall write or stamp the word "ADMINISTRATOR" and write the administrator's name on the voter's absentee ballot return envelope.
(e) Any person who knowingly makes a false statement on an affidavit required by this section shall be guilty of perjury and subject to a fine of up to ten thousand dollars ($10,000) or imprisonment of up to ten (10) years.[9]
California law states that a person voting by mail ballot may designate another person to return the ballot if the voter cannot do so themselves and that those who return ballots on behalf of others may not receive compensation based on the number of ballots returned.
“
2) A vote by mail voter who is unable to return the ballot may designate another person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005 . The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, provided that the ballot is returned by the designated person before the close of polls on election day. ...
(e)(1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person returns and an individual, group, or organization shall not provide compensation on this basis.
(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter's vote by mail ballot.
(3) A person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000 ), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.[9]
In Colorado, vote-by-mail ballots can be delivered on a voter's behalf by any person they choose. Only an authorized agent of the county clerk and recorder or designated election official may return more than 10 ballots.
Colorado law states that a voter may deliver "the ballot to any person of the elector's own choice or to any duly authorized agent of the county clerk and recorder or designated election official for mailing or personal delivery; except that no person other than a duly authorized agent of the county clerk and recorder or designated election official may receive more than ten mail ballots in any election for mailing or delivery."
In Connecticut, a designee may return the ballot of a voter who obtained an absentee ballot due to illness or disability, and an immediate family member may return the ballot of a standard absentee voter. The law defines designee and immediate family member.[11]
“
An absentee ballot shall be cast at a primary, election or referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a designee of a person who applies for an absentee ballot because of illness or physical disability, or (C) a member of the immediate family of an applicant who is a student, so that it is received by the clerk of the municipality in which the applicant is qualified to vote not later than the close of the polls; ... (3) it is returned by a designee of an ill or physically disabled ballot applicant, in person, to said clerk not later than the close of the polls on the day of the election, primary or referendum; (4) it is returned by a member of the immediate family of the absentee voter, in person, to said clerk not later than the close of the polls on the day of the election, primary or referendum; ... A person returning an absentee ballot to the municipal clerk pursuant to subdivision (3) or (4) of this subsection shall present identification and, on the outer envelope of the absentee ballot, sign his name in the presence of the municipal clerk, and indicate his address, his relationship to the voter or his position, and the date and time of such return. As used in this section, “immediate family” means a dependent relative who resides in the individual's household or any spouse, child or parent of the individual.
(b) As used in this section and section 9-150c, “designee” means (1) 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, (2) a member of the applicant's family, who is designated by an absentee ballot applicant and who consents to such designation, or (3) a police officer, registrar of voters, deputy registrar of voters or assistant registrar of voters in the municipality in which the applicant resides.[9]
Delaware law does not specify whether someone can return an absentee ballot on a voter's behalf. It states the following:
“
The elector shall return the sealed ballot envelope to the Department by:
a. Depositing it in a United States postal mailbox, thereby mailing it to the Department; or
b. Delivering it, or causing it to be delivered, to the Department before the polls close on the day of the election.[9]
An absentee ballot may be returned to the Board by:
(a) Mail, provided it is postmarked or otherwise demonstrated to have been sent on or before the day of the election and received by no later than the 10th day after Election Day;
(b) Delivery to any voting place at any time before the close of the polls on Election Day;
(c) Delivery to the Board's office at any time before the close of the polls on Election Day;
(d) Fax or email (electronically) in the case of a qualified uniformed services or overseas voter, provided it is received no later than 8:00 p.m. on Election Day; or
(f) Use of the Board's accessible remote ballot service in the case of a voter with disabilities, provided it is received no later than 8:00 p.m. on Election Day.[9]
Florida law allows a person designated by the voter to return an absentee/mail-in ballot. It is a felony of the third degree to distribute, order, request, collect, deliver, or otherwise physically possess more than two ballots per election, in addition to a person's own ballot or those belonging to an immediate family member.[13]
State law says the following:
"Any person who distributes, orders, requests, collects, delivers, or otherwise physically possesses more than two vote-by-mail ballots per election in addition to his or her own ballot or a ballot belonging to an immediate family member, except as provided in ss. 101.6105-101.694, including supervised voting at assisted living facilities and nursing home facilities as authorized under s. 101.655, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."
In Georgia, a voted absentee ballot may be returned by a family member (defined by the law) or a household member. Voted absentee ballots of voters confined to a hospital or with a physical disability may also be returned by a caregiver, and voted absentee ballots of voters in custody in a jail may be returned by a jail employee.[14]
State law says:
“
... the elector shall then personally mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that mailing or delivery may be made by the elector’s mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such elector. The absentee ballot of a disabled elector may be mailed or delivered by the caregiver of such disabled elector, regardless of whether such caregiver resides in such disabled elector’s household. The absentee ballot of an elector who is in custody in a jail or other detention facility may be mailed or delivered by any employee of such jail or facility having custody of such elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk.[9]
Hawaii law does not specify whether someone may return a mail ballot on behalf of someone else.
In Idaho, an absentee/mail-in ballot may be returned by a person related to the voter, a member of their household, a caregiver, or a person who is paid by the voter to return their ballot, in addition to election officials, common carriers, and postal workers. Candidates or employees of a campaign may not return ballots for family members, members of their household, or individuals they are caring for.[15]
An individual may not collect more than six total voted ballots per election.
Illinois law allows vote-by-mail ballots to be delivered in person by any person the voter authorizes or by a company licensed as a motor carrier of property by the state. In the case of voters who are physically incapacitated or hospitalized, an employee of the facility the voter is in may place the ballot in the mail.
Illinois law states the voter must do the following after sealing their absentee ballot in the return envelope:
“
The voter shall then endorse his certificate upon the back of the envelope and the envelope shall be mailed in person by such voter, postage prepaid, to the election authority issuing the ballot or, if more convenient, it may be delivered in person, by either the voter or by any person authorized by the voter, or by a company licensed as a motor carrier of property by the Illinois Commerce Commission under the Illinois Commercial Transportation Law, which is engaged in the business of making deliveries ...
It shall be unlawful for any person not the voter or a person authorized by the voter to take the ballot and ballot envelope of a voter for deposit into the mail unless the ballot has been issued pursuant to application by a physically incapacitated elector under Section 3-3 or a hospitalized voter under Section 19-13, in which case any employee or person under the direction of the facility in which the elector or voter is located may deposit the ballot and ballot envelope into the mail. If the voter authorized a person to deliver the ballot to the election authority, the voter and the person authorized to deliver the ballot shall complete the authorization printed on the exterior envelope supplied by an election authority for the return of the vote by mail ballot.[9]
Illinois law also contains a section for absentee voting by individuals who have been "admitted to a hospital, nursing home, or rehabilitation center due to an illness or physical injury not more than 14 days before an election." Such voters may have anyone registered to vote in the same precinct as them or a legal relative to obtain and return their mail ballot.
The law states, "Upon receipt of the vote by mail ballot, the admitted voter shall mark the ballot in secret and subscribe to the certifications on the vote by mail ballot return envelope. After depositing the ballot in the return envelope and securely sealing the envelope, such voter shall give the envelope to the precinct voter or the relative who shall deliver it to the election authority in sufficient time for the ballot to be delivered by the election authority to the election authority's central ballot counting location before 7 p.m. on election day."
In Indiana, an absentee ballot may be returned by a voter's household member or attorney in fact. The law states that a voter may do the following after sealing their absentee envelope:[16]
“
(1) Deliver the envelope to the county election board in person.
(2) Deliver the sealed envelope to the county election board with not more than one (1) ballot per envelope, by United States mail or by a bonded courier company.
(3) Authorize a member of the voter's household, family listed in IC 3-6-6-7(a)(4), or the individual designated as the voter's attorney in fact to do one (1) of the following:
(A) Deposit the sealed envelope in the United States mail.
(B) Deliver the sealed envelope in person to the county election board at:
(i) the office of the circuit court clerk or the office of the board of elections and registration under section 26 of this chapter;
(ii) a satellite office of the circuit court clerk designated under section 26.3 of this chapter; or
(iii) a satellite office of a vote center under IC 3-11-18.1-11.[9]
”
The following household family members may assist an absentee voter in returning his or her ballot: spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece.[17][18]
Iowa law requires that "no person other than the registered voter, an individual who lives in the same household as the registered voter, an immediate family member of the registered voter ... or a delivery agent acting on behalf of a registered voter who is unable to return the registered voter's own ballot due to reason of blindness or other disability" can return a completed absentee/mail-in ballot. A delivery agent can return no more than two ballots per election.
A delivery agent is defined as "an individual registered to vote in this state who has been designated to return a completed absentee ballot ... by another registered voter who is unable to return the registered voter's own absentee ballot due to reason of blindness or other disability;" an immediate family member is defined as "an individual related to a registered voter within the fourth degree of consanguinity or affinity." A delivery agent cannot return more than two completed absentee/mail-in ballots per election.[19]
In Kansas, a person designated in writing by the voter may return their advance ballot on their behalf. The person must sign a sworn statement affirming they have not "exercised undue influence on the voting decision of the voter" and that the person has not delivered more than 10 advance voting ballots during the election.[20] The written requirement is waived for voters with a disability preventing them from writing. The law says the following:[21]
“
[A] person other than the voter may return the advance voting ballot by personal delivery or mail if authorized by the voter in writing ... except that a written designation shall not be required from a voter who has a disability preventing the voter from writing or signing a written designation. Any such person designated by the voter shall sign a statement in accordance with K.S.A. 25-2437, and amendments thereto.[9]
In Kentucky, a family member, a person who shares the same residence as the voter, or a caregiver may return an absentee ballot.[22]
It states:
“
No person shall knowingly collect, gain possession of, deliver, or exercise control over a mail-in absentee ballot, except for:
(a) A voter personally casting his or her ballot by means of mail-in absentee ballot;
(b) An election official engaged in official duties as prescribed in KRS Chapters 116 to 120;
(c) A United States Postal Service worker or any other person who is allowed by law to transmit United States mail if the worker or other person is engaged in official duties;
(d) A family member of the voter:
1. Who shall be related to the voter as set forth in KRS 6.611(16)(a), or as
established by marriage, adoption, or legal guardianship; and
2. Who is designated by the voter to assist in the mail-in absentee voting process;
(e) A person:
1. Who shares the same residence of the voter; and
2. Is designated by the voter to assist in the mail-in absentee voting process;
(f) A caregiver or employee:
1. Who provides medical or healthcare assistance to the voter in a
residence, nursing care institution, hospice facility, assisted living
center, assisted living facility, assisted living home, residential care
institution, adult day healthcare facility, or adult foster home; and
2. Who is ordinarily engaged in duties related to the receiving and
delivering of mail matter; and
(g) An employee of a jail who is ordinarily engaged in official duties related to the delivery of mail matter.
(2) For subsection (1)(f) and (g) of this section, the person collecting, possessing, delivering, or exercising control over a mail-in absentee ballot shall at all times handle the ballot so that all information contained on the ballot remains private to
the voter as required by KRS 118.025(1)."[9]
In Louisiana, someone who signs a statement that they have the authorization of the voter to hand-deliver the voter's absentee ballot may do so. Only an immediate family member may hand-deliver more than one ballot.[23]
The law says, "If delivered by other than the voter, a commercial courier, or the United States Postal Service, the registrar shall require that the person making such delivery sign a statement, prepared by the secretary of state, certifying that the person has the authorization and consent of the voter to hand deliver the marked ballot. ... No person except the immediate family of the voter, as defined in this Code, shall submit by any means or send for delivery by the United States Postal Service or commercial courier more than one marked ballot per election to the registrar."
Maine law says that a third person may obtain and return absentee ballots for voters. A ballot may not be issued to a third party who is a candidate or a member of a candidate's immediate family.[24] If a ballot is returned by a third party that is not the clerk or an immediate family member of the voter, two witnesses must sign the ballot return envelope or the envelope must be notarized.[25]
State law also says that a third party cannot have more than five absentee ballots outstanding at a time.
“
When a ballot is delivered to the voter by a person other than the clerk or an immediate family member of the voter or is returned to the clerk by a person other than the voter, the clerk or an immediate family member of the voter and the voter receives no assistance in marking the ballot, the following procedures apply.
A. The voter must mark the ballot in the presence of the following witness or witnesses: One notary public, clerk of a municipality or clerk of courts or 2 other individuals. The voter, before marking the ballot, must show it to the witness or witnesses who must examine it to be certain it is unmarked.
B. While the voter is marking the ballot, there may be no communication between the voter and any other individual as to the person or question for which the voter is to vote.
C. The voter must mark the ballot according to section 691 or 692 so that it is impossible for anyone present at the time to see how the voter voted. The voter must then seal the ballot in its return envelope and complete the affidavit on the envelope in the presence of the witness or witnesses, who shall sign the witness certification.
D. The voter must then complete the address on the envelope and mail or deliver it personally or by the 3rd person who was designated in the application to the clerk of the municipality of which the voter is a resident. The voter must send a completed voter registration or absentee ballot application, if necessary, in a separate envelope.[9]
In Maryland, an authorized agent designated in writing by a voter may pick up and return their absentee ballot. The agent must be at least 18 years old and may not be a candidate. The law states the following:[26]
“
(a) A qualified applicant may designate a duly authorized agent to pick up and deliver an absentee ballot under this subtitle.
(b) An agent of the voter under this section:
(1) must be at least 18 years old;
(2) may not be a candidate on that ballot;
(3) shall be designated in a writing signed by the voter under penalty of perjury; and
(4) shall execute an affidavit under penalty of perjury that the ballot was:
(i) delivered to the voter who submitted the application;
(ii) marked and placed in an envelope by the voter, or with assistance as allowed by regulation, in the agent's presence; and
(iii) returned to the local board by the agent.[9]
Massachusetts law permits a family member to return an absentee ballot on behalf of a voter. A person in a healthcare facility may return it to the election official who delivered the ballot or, at the clerk's discretion, to an individual designated in writing who is not a candidate.[27]
“
(a) A voter who receives the ballot by mail, as provided in subsection (a) of section ninety-one B, may return it by mail to the city or town clerk in the envelope provided pursuant to subsection (d) of section 87; via a secured municipal drop box, where provided; or such voter or a family member may deliver it in person to the office of the city or town clerk. A voter to whom a ballot was delivered in person at the office of the clerk as provided in said subsection (a) of said section ninety-one B shall return it without removing the ballot from such office.
(b) A voter to whom an election official delivered the ballot in person at a designated health care facility, as provided in subsection (b) of section ninety-one B, shall return it to such election official, who shall return it in his custody to the office of the city or town clerk.
(c) A voter to whom a ballot was delivered in person as provided in subsection (c) of section ninety-one B shall return it to the person who delivered it, and such person shall immediately return it in his custody to the office of the city or town clerk.[9]
Subsection (c) of section 91B reads as follows:[28]
"(c) To a voter who states, under penalty of perjury, that he has been admitted to a health care facility, as defined in section twenty-five B of chapter one hundred and eleven on or after the seventh day before the relevant election, the ballot and accompanying papers shall, unless the clerk determines that there is insufficient time, be delivered in the same manner as provided in subsection (b); provided, however, that if permitted in the sole discretion of the city or town clerk, a person designated in writing by the voter and who is not a candidate for an office at the election, may instead perform the functions of an election official. If the health care facility is outside the city or town and no such family member is available for such purpose, the ballot need not be delivered in person, but may be mailed."
Michigan law permits a household member or a family member (defined by law), or an election official if those options are not available, to return a voter's absentee ballot.[29]
“
Step 6. Deliver the return envelope by 1 of the following methods:
(a) Deposit the postage prepaid return envelope in the United States mail, or place the necessary postage on the return envelope and deposit the return envelope with another public postal service, express mail service, parcel post service, or common carrier.
(b) Deliver the return envelope personally to the office of the clerk, to the clerk, or to an authorized assistant of the clerk, or to a secure drop box located in the city or township.
(c) In either (a) or (b), a member of your immediate family including a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or an individual residing in your household may mail or deliver a ballot to the clerk for you.
(d) You may request by telephone that the clerk who issued the ballot provide assistance in returning the ballot. The clerk is required to provide assistance if you are unable to return your absent voter ballot as specified in (a), (b), or (c) above, if it is before 5 p.m. on the Friday immediately preceding the election, and if you are asking the clerk to pick up the absent voter ballot within the jurisdictional limits of the city, township, or village in which you are registered. Your absent voter ballot will then be picked up by the clerk or an election assistant sent by the clerk. All individuals authorized to pick up absent voter ballots are required to carry credentials issued by the clerk. If using this absent voter ballot return method, do not give your ballot to anyone until you have checked that individual's credentials.
Step 7. The ballot must reach the clerk or an authorized assistant of the clerk before the close of the polls on election day. An absent voter ballot received by the clerk or assistant of the clerk after the close of the polls on election day will not be counted. ...
WARNING
All of the following actions are violations of the Michigan election law and are illegal in this state:
(1) To vote an absent voter ballot at a meeting or gathering at which other people are voting absent voter ballots.
(2) For a person who is assisting an absent voter in marking the ballot to suggest or in any manner attempt to influence the absent voter on how he or she should vote.
(3) For a person who is present and knows that a person is voting an absent voter ballot to suggest or in any manner attempt to influence the absent voter on how he or she should vote.
(4) For a person other than those listed in these instructions to return, offer to return, agree to return, or solicit to return an absent voter ballot to the clerk.
(5) For a person other than the absent voter; a person listed in these instructions; or a person whose job it is to handle mail before, during, or after being transported by a public postal service, express mail service, parcel post service, or common carrier, but only during the normal course of his or her employment to be in possession of a voted or unvoted absent voter ballot.
[9]
In Minnesota, a designated agent can return absentee ballots on behalf of not more than three voters. State law establishes that tampering with a ballot or failing to immediately deliver the ballot is a misdemeanor.[30]
According to the law, "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. Any person designated as an agent who tampers with either the return envelope or the voted ballots or does not immediately mail or deliver the return envelope to the county auditor or municipal clerk is guilty of a misdemeanor."
In Mississippi, voters must return absentee ballots by mail. Ballots may not be returned in person.[31]
Mississippi law states:
“
When the absentee ballot has been voted and the envelope sealed, signed and certified to as provided above, the absentee voter shall mail the envelope containing the ballot to the registrar.
Hand-delivery of ballots to a voter or from a voter shall be prohibited, and the use of drop boxes or other mechanisms to submit a completed absentee ballot other than by mail or common carrier, shall be prohibited.[9]
State law says that only an election official, U.S. Postal Service worker or mail carrier, family member, household member, caregiver, or common carrier may collect and transmit a ballot. Voters who require help due to blindness, disability, or inability to read or write may choose who gives them assistance, as long as the person is not their employer or union agent, a candidate or close family member of a candidate, or a poll watcher.[32]
“
(1) For purposes of this section, the following words shall have the meanings as defined herein unless the context clearly indicates otherwise:
(a) “Caregiver” means an individual who provides medical, health care assistance or other assistance to the person to whom the ballot was mailed in a residence, hospital, long-term care facility, nursing home, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, adult foster care home or other similar facility or institution.
(b) “Family member” means an individual who is related by blood, marriage, adoption or legal guardianship to the person to whom the ballot was mailed.
(c) “Household member” means an individual who resides at the same residence as the person to whom the ballot was mailed.
(2) A person shall not knowingly collect and transmit a ballot that was mailed to another person, except as follows:
(a) An election official while engaged in official duties as authorized by law.
(b) An employee of the United States Postal Service while engaged in official duties as authorized by law.
(c) Any other individual who is allowed by federal law to collect and transmit United States mail while engaged in official duties as authorized by law.
(d) A family member, household member, or caregiver of the person to whom the ballot was mailed.
(e) A common carrier that transports goods from one place to another for a fee. No parcel shall contain more than a single ballot. ...
Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union, or a candidate whose name is on the ballot, or by a spouse, parent, sibling or child of a candidate whose name is on the ballot, or by a poll watcher who is observing the polling place on election day; however, a candidate for public office or the spouse, parent or child of a candidate may provide assistance upon request of any voter who is related within the first degree.[9]
In Missouri, an absentee ballot may be returned in person by a relative (defined by the law) or by a team of election authorities.[33]
Missouri law states that "each absentee ballot that is not cast by the voter in person in the office of the election authority shall be returned to the election authority in the ballot envelope and shall only be returned by the voter in person, or in person by a relative of the voter who is within the second degree of consanguinity or affinity, by mail or registered carrier or by a team of deputy election authorities; except that covered voters, when sent from a location determined by the secretary of state to be inaccessible on election day, shall be allowed to return their absentee ballots cast by use of facsimile transmission or under a program approved by the Department of Defense for electronic transmission of election materials."
Montana's law on ballot collection was permanently enjoined by a state judge on September 25, 2020. As a result, election officials were barred from enforcing these requirements. The law stated that an authorized individual may collect ballots and specifies that the person may be a caregiver, household member, family member, or acquaintance. The law said that the authorized individual cannot return more than six ballots.[34]
Nebraska law does not specify whether someone may return an early voting ballot on a voter's behalf. State law says:[35]
“
If the voter is mailing or otherwise delivering the ballot to the election commissioner or county clerk, the voter shall: ... Mail, deliver, or cause to be delivered the envelope containing the ballots and any required materials to the election commissioner or county clerk from whom it was received.[9]
In Nevada, a person authorized by the voter may return a mail ballot at the request of a voter.[36]
The law says, "[A]t the request of a voter whose mail ballot has been prepared by or on behalf of the voter, a person authorized by the voter may return the mail ballot on behalf of the voter by mail or personal delivery to the county clerk, or any ballot drop box established in the county[.]"[37]
New Hampshire law specifies that a voter's absentee ballot may be returned by a family member (defined by the law), nursing home administrator or staff member, or residential care facility administrator or staff member. The law also specifies that an individual assisting a voter who is blind or has a disability may return an absentee ballot upon signing a statement on the affidavit envelope and that such individual may not return more than four ballots unless they are a family member, nursing home administrator/staff, or residential care facility administrator/staff.[38]
“
The absentee ballot shall be delivered to the city or town clerk from whom it was received in one of the following ways:
(a) The voter or the voter's delivery agent may personally deliver the envelope, in which case the voter or the voter's delivery agent need not enclose the affidavit envelope in the outer envelope; or
(b) The voter or the person assisting the blind voter or voter with a disability may mail the ballot and affidavit envelope within the outer envelope to the city or town clerk, with postage affixed.
II. As used in this section, "delivery agent" means:
(a) The voter's spouse, parent, sibling, child, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild; or
(b) If the voter is a resident of a nursing home as defined in RSA 151-A:1, IV, the nursing home administrator, licensed pursuant to RSA 151-A:2, or a nursing home staff member designated in writing by the administrator to deliver ballots; or
(c) If the voter is a resident of a residential care facility licensed pursuant to RSA 151:2, I(e) and described in RSA 151:9, VII(a)(1) and (2), the residential care facility administrator, or a residential care facility staff member designated in writing by the administrator to deliver ballots; or
(d) A person assisting a blind voter or a voter with a disability who has signed a statement on the affidavit envelope acknowledging the assistance.
III. The city or town clerk, or ward clerk on election day at the polls, shall not accept an absentee ballot from a delivery agent unless the delivery agent completes a form provided by the secretary of state, which shall be maintained by the city or town clerk, and the delivery agent presents a government-issued photo identification or has his or her identity verified by the city or town clerk. Absentee ballots delivered through the mail or by the voter's delivery agent shall be received by the town, city, or ward clerk no later than 5:00 p.m. on the day of the election. A delivery agent who is assisting a voter who is blind or who has a disability pursuant to this section may not personally deliver more than 4 absentee ballots in any election, unless the delivery agent is a nursing home or residential care facility administrator, an administrator designee, or a family member, each as authorized by this section.[9]
In New Jersey, an authorized messenger may return mail-in ballots for a voter. The messenger may not be a candidate and can return no more than three voters' ballots.[39] A messenger may return up to five voters' ballots if they are immediate family members residing in the same household as the messenger. The law states the following:[40]
"Hand delivery of a mail-in ballot shall be made by the county clerk or the clerk's designee only to the voter, or the voter's authorized messenger, who must appear in person. No person shall serve as an authorized messenger for more than three qualified voters in an election, but a person may serve as such for up to five qualified voters in an election if those voters are immediate family members residing in the same household as the messenger."
New Mexico law states that a caregiver, household member or immediate family member (defined by the law) can return a voter's absentee ballot.[41]
“
A. A voter, caregiver to that voter or member of that voter's immediate family or household may deliver that voter's absentee ballot to the county clerk in person or by mail; provided that the voter has subscribed the official mailing envelope of the absentee ballot.
B. As used in this section, "immediate family" means the spouse, children, parents, domestic partner, grandchildren, grandparents or siblings of a voter or a person with whom the voter has a continuing personal relationship.[9]
New York law does not specify whether someone may return mail ballots on behalf of voters.
North Carolina law states that a near relative or legal guardian may return a voter's absentee ballot. It is a class I felony for anyone else to return absentee ballots on behalf of others.[42]
“
All ballots issued under the provisions of this Article and Article 21A of this Chapter shall be transmitted by one of the following means: a. Mail or commercial courier service, at the voter's expense, and received by the county board not later than 7:30 P.M. on the day of the statewide primary or general election or county bond election. b. Delivered in person, by the voter or the voter's near relative or verifiable legal guardian, to the county board not later than 7:30 P.M. on the day of the statewide primary or general election or county bond election. c. Electronically transmitted to the county board, if the ballot was issued under the provisions of Article 21A of this Chapter.[9]
State law also says that it is a class I felony for "any person to take into that person's possession for delivery to a voter or
for return to a county board of elections the absentee ballot of any voter,
provided, however, that this prohibition shall not apply to a voter's near
relative or the voter's verifiable legal guardian."[43]
In North Dakota, an absentee voter can name an agent in a written authorization. The agent cannot be a candidate for office, cannot accept compensation for acting as agent, and can serve as agent for no more than four voters.[44]
“
Upon receipt of an application for an official ballot properly filled out and duly signed, or as soon after receipt of the application as the official ballot for the precinct in which the applicant resides has been prepared, the county auditor, city auditor, or business manager of the school district, as the case may be, shall send to the absent voter by mail or secure electronic delivery, if the secretary of state determines the necessary technology is available and according to the choice made by the voter on the application for the ballot, at the expense of the political subdivision conducting the election, one official ballot, or personally deliver the ballot to the applicant or the applicant's agent, which agent may not, at that time, be a candidate for any office to be voted upon by the absent voter. The agent shall sign the agent's name before receiving the ballot and deposit with the auditor or business manager of the school district, as the case may be, authorization in writing from the applicant to receive the ballot or according to requirements set forth for signature by mark. The auditor or business manager of the school district, as the case may be, may not provide an absent voter's ballot to an individual acting as an agent who cannot provide a signed, written authorization from an applicant. A person may not receive compensation, including money, goods, or services, for acting as an agent for an elector, and a person may not act as an agent for more than four electors in any one election. 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.[9]
Ohio law allows a family member (defined by the law) to return a voter's absentee ballot. It says the following:[45]
“
"The elector shall mail the identification envelope to the office of the board of elections in the return envelope, postage prepaid, or the elector may personally deliver it to the office of the board, or the spouse of the elector, the father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother, or sister of the whole or half blood, or the son, daughter, adopting parent, adopted child, stepparent, stepchild, uncle, aunt, nephew, or niece of the elector may deliver it to the office of the board. The return envelope shall be returned by no other person, in no other manner, and to no other location, except as otherwise provided in section 3509.08 of the Revised Code."[9]
”
Following a ruling by a federal judge in Ohio in July 2024, voters with disabilities may select a person of their choice to return their ballot. The ruling found that a 2023 law adopted in Ohio, that prohibited any other than a close family member from returning anyone else's voted absentee/mail-in ballot, violated Section 208 of the Voting Rights Act, which "allows a disabled voter to select a person of their choice to assist them with voting, including the return of a disabled voter’s absentee ballot."[46][47][48]
On August 31, 2024, Ohio Secretary of State Frank LaRose (R) issued a directive that said only a voter may drop their own ballot in a ballot drop box during early voting. If an individual is returning another voter's ballot during the early voting period, then they must sign a form attesting that they are lawfully assisting the voter when they return the ballot. This form must be signed at a board of elections office.[49][50] The Ohio Supreme Court dismissed a challenge to the directive on October 15, 2024.[51]
Oklahoma law allows the following people to return an absentee/mail-in ballot:[52]
Voters themselves with valid identification,
A voter's assistant or agent acting pursuant to law,
An absentee voting board member who is assisting a voter confined to a nursing home or state veterans home,
An employee of the Federal Voting Assistance Program, the United States Department of Defense or the Oklahoma National Guard who is assisting a uniformed-services voter,
A spouse or relative of the voter in the first or second degree, and
An election official acting in accordance with the law.
Oregon law permits voters to return mail ballots by any appropriate means. The law also says that non-election officials cannot collect ballots within a certain distance of an election office and must display signs at such collection sites noting they are not official dropoff sites.[53][54]
“
(1)Upon receipt of a ballot the absent elector shall mark it and comply with the instructions provided with the ballot. The absent elector may return the marked ballot to the office of the clerk, by any appropriate means.
(2)If the absent elector returns the marked ballot by any means other than by mail, the ballot must be received by a county clerk not later than 8 p.m. of the day of the election.[9]
(14)A person, except an elections official in performance of duties, may not provide elections advice or attempt to collect voted ballots within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 (Procedures for conducting election by mail) is located, or within 100 feet measured radially from any entrance to the building.
(15)A person, except an elections official in performance of duties, may not establish a location to collect ballots voted by electors unless:
(a)The person prominently displays at the location a sign stating: “NOT AN OFFICIAL BALLOT DROP SITE”; and
(b)The sign is printed in all capital letters in bold 50-point type.[9]
(a) Except as provided in paragraphs (2) and (3), at any time after receiving an official absentee ballot, but on or before eight o'clock P.M. the day of the primary or election, the elector shall, in secret, proceed to mark the ballot only in black lead pencil, indelible pencil or blue, black or blue-black ink, in fountain pen or ball point pen, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed, stamped or endorsed “Official Election Ballot.” This envelope shall then be placed in the second one, on which is printed the form of declaration of the elector, and the address of the elector's county board of election and the local election district of the elector. The elector shall then fill out, date and sign the declaration printed on such envelope. Such envelope shall then be securely sealed and the elector shall send same by mail, postage prepaid, except where franked, or deliver it in person to said county board of election.[9]
In Pennsylvania, a voter who qualifies for an emergency absentee ballot may authorize in writing a representative to return their ballot. If an authorized representative is not available, a deputy sheriff or constable may deliver and return the emergency ballot.[56]
“
(a.3)(1) The following categories of electors may apply for an absentee ballot under this subsection, if otherwise qualified:
(i) An elector whose physical disability or illness prevented the elector from applying for an absentee ballot before five o'clock P.M. on the first Tuesday prior to the day of the primary or election.
(ii) An elector who, because of the elector's business, duties or occupation, was unable to apply for an absentee ballot before five o'clock P.M. on the first Tuesday prior to the day of the primary or election.
(iii) An elector who becomes so physically disabled or ill after five o'clock P.M. on the first Tuesday prior to the day of the primary or election that the elector is unable to appear at the polling place on the day of the primary or election.
(iv) An elector who, because of the conduct of the elector's business, duties or occupation, will necessarily be absent from the elector's municipality of residence on the day of the primary or election, which fact was not and could not reasonably be known to the elector on or before five o'clock P.M. on the first Tuesday prior to the day of the primary or election.
(2) An elector described in paragraph (1) may submit an application for an absentee ballot at any time up until the time of the closing of the polls on the day of the primary or election. The application shall include a declaration describing the circumstances that prevented the elector from applying for an absentee ballot before five o'clock P.M. on the first Tuesday prior to the day of the primary or election or that prevent the elector from appearing at the polling place on the day of the primary or election, and the elector's qualifications under paragraph (1). The declaration shall be made subject to the provisions of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(3) If the county board of elections determines that the elector meets the requirements of this section, the board shall issue an absentee ballot to the elector.
(4) If the elector is unable to appear at the office of the county board of elections to receive the ballot, the board shall give the elector's absentee ballot to an authorized representative of the elector who is designated in writing by the elector. The authorized representative shall deliver the absentee ballot to the elector and return the completed absentee ballot, sealed in the official absentee ballot envelopes, to the office of the county board of elections, which shall retain the ballot, unopened, until the canvassing of all absentee ballots.
(5) Multiple people qualified under this subsection may designate the same person, and a single person may serve as the authorized representative for multiple qualified electors.
(6) If the elector is unable to appear at the office of the county board of elections or unable to obtain assistance from an authorized representative, the county board may provide an authorized representative or ask the judge of the court of common pleas in the county in which the elector is qualified to vote to direct a deputy sheriff of the county to deliver the absentee ballot to the elector if the elector is at a physical location within the county and return the completed absentee ballot, sealed in the official absentee ballot envelopes, to the county board of elections. If there is no authorized representative and a deputy sheriff is unavailable to deliver an absentee ballot under this section, the judge may direct a constable to make such delivery in accordance with the provisions of this section.
(7) In the case of an elector who requires assistance in marking the elector's ballot, the elector shall designate in writing the person who will assist in marking the ballot. Such person shall be otherwise eligible to provide assistance to electors eligible for assistance, and such person shall declare in writing that assistance was rendered. Any person other than the designee who shall render assistance in marking a ballot or any person rendering assistance who shall fail to execute a declaration shall be guilty of a violation of this act.[9]
Rhode Island law does not specify whether someone may return mail ballots on behalf of voters.
In South Carolina, an absentee ballot may be returned by a member of their immediate family or an authorized representative. The authorized person cannot be a candidate or paid campaign worker unless that candidate or worker is a member of the voter's immediate family. The law states the following:[57]
“
(A) Upon receipt of the ballot or ballots, the absentee ballot applicant must mark each ballot on which he wishes to vote and place each ballot in the single envelope marked "Ballot Herein" which in turn must be placed in the return-addressed envelope. The applicant must return the return-addressed envelope only by:
(1) mail to the main office of the county board of voter registration and elections;
(2) personal delivery to an election official during office hours at the main office of the county board of voter registration and elections or to an election official during office hours at an early voting center; or
(3) authorizing a member of the applicant's immediate family, as defined in Section 7-15-310(8), or an authorized representative, to return the return-addressed envelope for him to an election official during office hours at the main office of the county board of voter registration and elections or to an election official during office hours at an early voting center.
(B) An applicant who authorizes a member of his immediate family or an authorized representative to return the return-addressed envelope for him pursuant to this section must complete an authorization form prescribed by the State Election Commission that must be turned in by the immediate family member or authorized representative at the time the return-addressed envelope is returned. The applicant must sign the form, or in the event the applicant cannot write because of a physical handicap or illiteracy, then the applicant must make his mark and have the mark witnessed by someone designated by the applicant.
(C) The authorization form prescribed by the State Election Commission must include a designated space in which an election official must record the specific form of government-issued photo identification presented by the immediate family member or authorized representative who is authorized by the applicant to deliver the return-addressed envelope. The authorization form must be preserved as part of the record of the election, and the county board of voter registration and elections must note the time and date of receipt of the authorization form, the name of the immediate family member or authorized representative, his relationship to the applicant, and the immediate family member's or authorized representative's form of government-issued photo identification in the record book required by Section 7-15-330.[9]
South Dakota law states that an authorized messenger may deliver a voter's absentee ballot and that a messenger for more than one voter must notify the person in charge of the election of all voters they are the messenger for.[58]
"An authorized messenger shall deliver the absentee ballot to the office of the person in charge of the election unless there is not sufficient time for the person in charge of the election to transmit the absentee ballot to the voter's home precinct or a vote center as prescribed by § 12-14-17. In that instance, the authorized messenger shall personally deliver the absentee ballot to the precinct superintendent of the voter's home precinct. If the authorized messenger requests a receipt when returning the absentee ballot, the person in charge of the election shall provide the authorized messenger a receipt."
State law further says, "If a person is an authorized messenger for more than one voter, the person must notify the person in charge of the election of all voters for whom that person is a messenger. The person in charge of the election shall keep a record of the authorized messenger requesting an absentee ballot to be delivered to another voter."[59]
In Tennessee, voters must return absentee ballots by mail. Ballots may not be returned in person.[60]
Tennessee law says, "After receiving the absentee voting supplies and completing the ballot, the voter shall sign the appropriate affidavit under penalty of perjury. The effect of the signature is to verify the information as true and correct and that the voter is eligible to vote in the election. The voter shall then mail the ballot."[61]
Texas law allows only the voter to return their absentee ballot in person. Multiple ballots may be placed in the same envelope to be mailed, provided they all belong to voters who live at the same address.[62] It is illegal to provide compensation "for depositing the carrier envelope in the mail or with a common or contract carrier."[63]
The law states:
“
(a) A marked ballot voted under this chapter must be returned to the early voting clerk in the official carrier envelope. The carrier envelope may be delivered in another envelope and must be transported and delivered only by:
(1) mail;
(2) common or contract carrier; or
(3) subject to Subsections (a-1) and (a-2), in-person delivery by the voter who voted the ballot.
(a-1) The voter may deliver a marked ballot in person to the early voting clerk's office only while the polls are open on election day. A voter who delivers a marked ballot in person must present an acceptable form of identification described by Section 63.0101.
(a-2) An in-person delivery of a marked ballot voted under this chapter must be received by an election official at the time of delivery. The receiving official shall record the voter's name, signature, and type of identification provided under Section 63.0101 on a roster prescribed by the secretary of state. The receiving official shall attest on the roster that the delivery complies with this section.[9]
(a) A marked late ballot must be delivered to the early voting clerk in person by the representative who submitted the voter's application. The ballot must be delivered in the official carrier envelope. A ballot returned by any other method may not be counted.[9]
To be eligible to vote a late ballot, an individual must meet one of the following criteria:[65]
“
(1) has a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health; or
(2) is expecting to give birth within three weeks before or after election day.
(b) The following do not constitute sufficient cause to entitle a voter to vote under Subsection (a):
(1) a lack of transportation;
(2) a sickness that does not prevent the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health; or
(3) a requirement to appear at the voter's place of employment on election day.
(c) To be eligible for an early voting ballot by mail under Subsection (a)(1), an applicant must affirmatively indicate that he or she agrees with the statement prescribed by Section 84.002(c).[9]
In Utah, someone who resides in the same household as the voter may "possess" another individual's voted ballot.[66]
It states:
“
(5)
(a) An individual may not knowingly possess or control another individual's voted manual ballot, unless:
(i) the individual is an election official or postal worker acting in the capacity of an election official or postal worker;
(ii) the individual possesses or controls the voted ballot in accordance with Section 20A-3a-301, relating to emergency ballots;
(iii) the possession or control is authorized in order to deliver a military-overseas ballot in accordance with Chapter 16, Uniform Military and Overseas Voters Act;
(iv) subject to Section 20A-3a-208, the individual is authorized by a voter to possess or control the voter's voted ballot if the voter needs assistance delivering the ballot due to the voter's age, illness, or disability; or
(v) the individual resides in the same household as the voter.[9]
Vermont law does not specify whether someone may return absentee/mail-ballots on behalf of voters.
State law states that a candidate whose name appears on the ballot for that election, or a paid campaign staff member of any such candidate, may not return a ballot unless the individual:[67]
“
(1) is returning the candidate’s or paid campaign staff member’s own ballot;
(2) is returning the ballot of an immediate family member, as defined in section 2532 of this title, including a person’s spouse, children, brothers, sisters, parents, spouse’s parents, grandparents, and spouse’s grandparents, who has requested the candidate’s or paid campaign staff member’s assistance with the return of that ballot;
(3) is returning the ballot of a voter for whom the candidate or paid campaign staff member is a caretaker, and who has requested the candidate’s or paid campaign staff member’s assistance with the return of that ballot; or
(4) is a justice of the peace performing his or her official duties pursuant to section 2538 of this title.
[9]
”
State law also impose limits on how many ballots an individual may return. Only a "justice of the peace performing his or her official duties" may return more than 25 absentee/mail-in ballots.
Virginia law allows anyone to return an absentee ballot to a drop-off location.
In a 2023 opinion, the Virginia attorney general stated:[68]
“
It is my opinion that under §24.2-707 of the Code of Virginia, a mailed absentee ballot may be returned, at the request of the voter, by a third party through the mail or at a drop-off location.[9]
Virginia law allows a designated representative to return an emergency ballot for a voter who is incapacitated or hospitalized. The representative must complete a statement, in which false statement is considered a felony and they cannot be an elected official, a candidate, or the deputy, spouse, parent, or child of an elected official or candidate.[69]
“
Any person registered and otherwise qualified to vote may request at any time prior to 2:00 p.m. on the day preceding the election that he be permitted to vote by emergency absentee ballot with the assistance of his designated representative. The Department shall prescribe a form and the instructions for submitting such a request to the general registrar that shows that the voter requesting an emergency absentee ballot (i) was unable to apply for an absentee ballot by the deadline due to his hospitalization or illness, or the hospitalization, illness, or death of a spouse, child, or parent, or other emergency found to justify receipt of an emergency absentee ballot or (ii) will be unable to vote on election day due to his hospitalization or illness, the hospitalization, illness, or death of a spouse, child, or parent, or other emergency found to justify receipt of an emergency absentee ballot that occurred after the deadline for applying for an absentee ballot.
The representative designated by a voter for purposes of this subsection shall be age 18 or older and shall not be an elected official, a candidate for elected office, or the deputy, spouse, parent, or child of an elected official or candidate.
The requesting voter shall sign the form and state, subject to felony penalties for making false statements pursuant to § 24.2-1016, that to the best of his knowledge and belief the facts contained in the form are true and correct. His signature shall be witnessed by the designated representative, who shall sign and return the completed form to the office of the general registrar no later than 5:00 p.m. on the day preceding the election. If the requesting voter is blind or physically unable to sign the form, his designated representative shall write on the signature line that the voter is blind or unable to sign his form.
On receipt of the completed form and a determination of the qualification of the requesting voter to vote, the general registrar shall provide, in accordance with the applicable provisions of this chapter, an absentee ballot to the designated representative for delivery to the requesting voter.
The requesting voter shall vote the absentee ballot as provided by law and mark it in the presence of the designated representative. The designated representative shall complete a statement, subject to felony penalties for making false statements pursuant to § 24.2-1016, that (i) he is the designated representative of the requesting voter; (ii) he personally delivered the ballot to the voter who applied for it; (iii) in his presence, the voter marked the ballot, the ballot was placed in the envelope provided, the envelope was sealed, and the statement on its reverse side was signed by the requesting voter; and (iv) the ballot was returned, under seal, to the general registrar at the registrar's office.[9]
Washington law does not specify whether someone may return mail ballots on behalf of voters.
West Virginia law does not specify who may return absentee ballots, but it says a person may not return more than two ballots and must certify that they haven't examined or altered the ballot. State law also lays out crime classifications and penalties for different types of behavior related to absentee ballots.
The law says, "Absentee ballots which are hand delivered are to be accepted if they are received by the official designated to supervise and conduct absentee voting no later than the day preceding the election: Provided, That no person may hand deliver more than two absentee ballots in any election and any person hand delivering an absentee ballot is required to certify that he or she has not examined or altered the ballot. Any person who makes a false certification violates §3-9-1 et seq. of this code and is subject to those provisions."[70]
(a) Any person who, with the intent to commit fraud, obtains, removes, or disseminates an absent voter’s ballot, intimidates an absent voter, or completes or alters an absent voter’s ballot, is guilty of a felony and, upon conviction thereof, shall be fined not less than $10,000 nor more than $20,000, imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.
(b) Notwithstanding subsection (a) of this section, any person who, having procured an absent voter's official ballot or ballots, shall willfully neglect or refuse to return the same as provided in article three of this chapter, or who shall otherwise willfully violate any of the provisions of said article three of this chapter, is guilty of a misdemeanor and, on conviction thereof, shall be fined not more than $250, or confined in jail for not more than three months. If the clerk of the county commission of any county, or any member of the board of ballot commissioners, or any member of the board of canvassers refuses or neglects to perform any of the duties required of him or her by any of the provisions of articles three, five and six of this chapter relating to voting by absentees or discloses to any other person or persons how any absent voter voted, he or she shall, in each instance, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or confined in jail for not more than six months.[9]
In Wisconsin, only the voter may return their absentee ballot.[71] Wisconsin law states that a hospitalized voter may select an agent to return their ballot.[72]
It states:
“
The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery to the polling place serving the hospitalized elector’s residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.[9]
Whether states should restrict who may return mail ballots is the subject of debate. Specifically, whether people affiliated with political campaigns and unions should be allowed to collect and return mail ballots is the subject of debate. Those who support restricting who may return mail ballots often refer to the practice of campaign and union workers returning ballots as ballot harvesting.
The following quotes briefly summarize some of the most prevalent arguments for and against restricting who may return mail ballots.
Support
“
Giving third parties who have a stake in the outcome of an election access to voters and their absentee ballots in an unsupervised setting is not wise, and is a proven threat to the integrity of the election process. The handling of absentee ballots should be restricted to voters, most immediate family members, or an individual residing in their household.[9]
[An Arizona law stating that only family members, caregivers, and household members may return someone's ballot] burdens communities that have traditionally relied on ballot collection, such as the elderly, differently-abled, Native American, and Latino communities, by preventing them from casting a ballot in the manner that is easiest for them.[9]
S.B. 2358, which was signed into law on March 22, 2023, stipulated the following:[76]
“
(1) A person shall not knowingly collect and transmit a ballot that was mailed to another person, except as follows:
(a) An election official while engaged in official duties as authorized by law.
(b) An employee of the United States Postal Service while engaged in official duties as authorized by law.
(c) Any other individual who is allowed by federal law to collect and transmit United States mail while engaged in official duties as authorized by law.
(d) A family member, household member, or caregiver of the person to whom the ballot was mailed.
(e) A common carrier that transports goods from one place to another for a fee. No parcel shall contain more than a single ballot.
(2) Any violation of this section shall be subject to the penalties of Section 97-13-37.[9]
”
Prior to S.B. 2358, Mississippi law did not specify who was allowed to return an absentee ballot on behalf of another voter. In May of 2023, Disability Rights Mississippi, the League of Women Voters of Mississippi and three voters filed a federal lawsuit challenging the law. The plaintiffs said the law made it harder for voters to cast a ballot and also risked disenfranchising disabled voters entirely, violating Section 208 of the Voting Rights Act (VRA), which guarantees that "[a]ny voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice" so long as the assistor is not the "the voter’s employer or agent of that employer or officer or agent of the voter’s union."[75][77]
Supporters of S.B. 2358 said it was necessary to prevent ballot harvesting, which is the practice of collecting and returning absentee ballots on behalf of others. In a 2023 video address, Governor Tate Reeves (R) said, "Senate Bill 2358 is now law and Mississippi's elections are safer because of it." He also said that ballot harvesting was an effort to undermine the democratic process and that "bad actors have used ballot harvesting to take advantage of elderly and vulnerable voters."[75]
On March 3, 2025, the parties jointly agreed to dismiss the lawsuit after Reeves signed SB 2425 into law in 2024.[78] The law clarified the definitions of caregiver, family member, and household member. It also allows any voter who requires assistance to vote due to blindness, disability, or inability to read or write to be assisted by a person of the voter's choice, except for a representative of the voter's employer or union, a candidate on the ballot, or a relative of theirs, or a poll watcher.[79]
Supreme Court of the United States upholds Arizona ballot collection law (2021)[edit]
On July 1, 2021, the Supreme Court of the United States issued a ruling in Brnovich v. Democratic National Committee. One of the two questions presented in the case was whether Arizona's ballot collection law violated Section 2 of the Voting Rights Act or the Fifteenth Amendment. In a 6-3 ruling, the court held that the law did not violate the Voting Rights Act and was not enacted with a racially discriminatory purpose. Justice Samuel Alito delivered the majority opinion of the court. Justice Neil Gorsuch filed a concurring opinion, joined by Justice Clarence Thomas. Justice Elena Kagan filed a dissenting opinion, joined by Justices Stephen Breyer and Sonia Sotomayor.[80]Click here for more information about the case.
Group asks Wisconsin Elections Commission for absentee ballot rule (2020)[edit]
On June 8, 2020, the Wisconsin Institute for Law & Liberty (WILL) submitted a rules petition to the Wisconsin Elections Commission asking it to issue a rule stating that only a voter may return their absentee ballot as opposed to a third party.
WILL Deputy Counsel Lucas Vebber said, "We can expect significant interest in absentee voting in 2020. This can be a positive development given the pandemic. But the Wisconsin Elections Commission should make clear that it is the responsibility and right of voters, not third parties, to request and submit ballots."[81]
On June 17, the Wisconsin Elections Commission approved the letter that accompanied absentee ballot applications that went to most voters ahead of the general election. The commission's three Republican members voted in favor of a motion to draft regulations around absentee ballot return, and the three Democratic members voted against it. Since the vote was tied, the motion failed.[82]
On June 22, Vebber sent a letter to the election commission stating, "I am writing to you regarding the Absentee Ballot Return Options Memo you sent to municipal clerks dated March 31, 2020. In the Memo, in paragraph 2 you say: Ballots can be returned to the clerk’s office, an in-person absentee (or early voting) site or the voter’s polling on election day. A family member or another person may also return the ballot on behalf of the voter. ... This statement is in conflict with the law. In particular, Wis. Stat. § 6.87(4)(b)1 provides that electors must place their ballot in an envelope and follow certain procedures."[83]
Four commission members are appointed by the four state legislative leaders and two are appointed by the governor.[84]
WILL's website says it seeks "to advance the public interest in the rule of law, individual liberty, constitutional government, and a robust civil society."[85]
The table below lists bills related to ballot collection introduced during (or carried over to) each state's regular legislative session this year. The following information is included for each bill:
State
Bill number
Official bill name or caption
Most recent action date
Legislative status
Sponsor party
Topics dealt with by the bill
Bills are organized by state and then by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
Explore election legislation with Ballotpedia[edit]
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The newsletter 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.
↑Montana's law on ballot collection was permanently enjoined by a state judge on September 25, 2020. As a result, election officials were barred from enforcing these requirements.
↑Someone who is an authorized messenger for more than one voter must notify the person in charge of the election of all voters they are the messenger for.
From Ballotpedia - Reading time: 22 min
Try Ballotpedia's Election Administration Legislation TrackerBallotpedia's Election Administration Legislation Tracker provides daily updates on legislative activity related to election policy in all 50 states.
Read Ballotpedia's State of Election Administration Legislation ReportsBallotpedia publishes regular analysis of election administration legislation, including three full reports per year, providing ongoing coverage of legislative activity affecting election policy in each state.
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