Early Voting and Mail Voting: Overview & Issues for Congress

Early Voting and Mail Voting: Overview & Issues for Congress

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March 27, 2020
Early Voting and Mail Voting: Overview & Issues for Congress
Although voting in person at a polling place on Election
According to the National Conference of State Legislatures
Day is the most common voting practice, states and
(NCSL), all states allow at least some voters to receive their
localities also offer some or all of their voters opportunities
ballots by mail and 33 states and the District of Columbia
to vote without going to the polls on Election Day. Sending
(DC) offer some form of no-excuse mail voting. Colorado,
voters ballots by mail (mail voting) and designating a pre-
Hawaii, Oregon, and Washington require all-mail elections,
Election Day period when voters can receive and cast a
and a number of the others, such as California and Utah,
ballot in person (early voting) are two of the most common
give counties the option of holding all-mail elections or
options. Some states and localities use mail voting as their
permit all-mail elections for certain types of jurisdictions or
primary voting method, automatically mailing ballots to all
elections.
registered voters and offering limited in-person voting
options (all-mail elections).
Some states have considered expanding mail voting in
certain emergencies. For example, California and Maryland
Policy Overview
have made their 2020 special congressional races all-mail
Alternative voting methods might differ from in-person
elections in response to the COVID-19 pandemic. In some
voting at a polling place on Election Day in any of the
states that generally require an excuse to use a mail ballot,
following ways: when voters receive or cast a ballot, where
there have been proposals to allow no-excuse mail voting or
they receive or cast it, and how they receive or cast it.
add public health risks to the list of approved excuses.
The defining differences between in-person Election Day
Figure 1. Reported Methods of Voting, 1998-2018
voting and early and mail voting are when voters receive
and cast ballots and how they receive them, respectively.
Early and mail voting might also differ from in-person
Election Day voting in other ways in practice. For example,
voters who receive ballots by mail typically return them by
mail or in a drop box rather than casting them in person.
Figure 1 presents reported voting methods from 1998 to
2018, according to the U.S. Census Bureau, including in
person on Election Day, in person before Election Day, and
by mail.
Some states and localities make early and/or mail voting
available to all eligible voters with no excuse required (no-
excuse) while others offer them only to those with an

Source: Voting and Registration Supplement to the Current
approved excuse for not voting in person on Election Day.
Population Survey, U.S. Census Bureau.
Approved excuses vary by state or locality but commonly
include circumstances like being out of the area on Election
Notes: Respondents were asked whether they voted in person or by
Day or having a long-term illness or disability.
mail and, if the former, whether on or before Election Day. Some
respondents who received their ballots by mail and returned them in
Mail Voting
person may have reported voting in person.
The “mail” in mail voting refers to the method by which
Early Voting
states deliver ballots to voters. Voters who receive their
ballots by mail might choose to return them by mail as well.
States that offer early voting designate days prior to
Depending on the state or locality, voters might also have
Election Day when voters can receive and cast a ballot in
the option of leaving their mail ballots in a drop box, having
person. Exactly where voters can vote early varies by state
them collected and submitted by a third party, or returning
and locality, but early voting is usually available at select
them at the polls or a local election office.
locations like vote centers or local election offices.
Some states and localities provide prepaid return envelopes
The length of the early voting period varies by state, and
with mail ballots, whereas others do not. Deadlines for
many states offer early voting only on certain days of the
requesting and returning mail ballots also vary. For
week. States that allow voters to register to vote on Election
example, some states require mail ballots to be returned by
Day may or may not also allow same-day registration
the close of polls on Election Day, whereas others will
during early voting; North Carolina offers same-day
accept them if they are postmarked by that date.
registration during early voting but not on Election Day.
https://crsreports.congress.gov

Early Voting and Mail Voting: Overview & Issues for Congress
According to NCSL, the 4 all-mail states, 36 other states,
 Would the policy serve as an optional alternative, or
and DC have early voting options in place, and a 41st state
would it be the standard for all elections? If the former,
is to start offering early voting in 2022.
would there be capacity to scale up for use by the entire
jurisdiction if necessary, due to unforeseen events?
Considerations for Policymakers
Proponents of providing options for when, where, and how
 How quickly could this method be implemented? Would
voters can receive or cast their ballots often present these
it require changes to state or local laws? Would time
measures as a way to improve voter participation—
need to be allotted for testing the new voting method or
particularly for people who work during regular polling
transitioning to its full-scale implementation?
hours, will be out of town on Election Day, or have long-
term illnesses or mobility issues. Alternative voting
 What protections would there be for mitigating any
methods could also help reduce voter demand on Election
issues that arose? How would implementing the voting
Day and address certain logistical or security concerns. For
method affect the role of state and local election
example, mail or early voting could help prevent long lines
administrators, and would resources be available to
on Election Day, reduce administrative costs, minimize the
address security issues or potential election disruptions?
need for additional polling places or poll workers, limit
demands on election equipment, or reduce the need for
Options for Federal Involvement
provisional ballots. Jurisdictions that offer alternative
States and localities are currently responsible for
voting methods may also be better equipped to handle
determining whether or how to offer alternatives to in-
unforeseen events, such as COVID-19 or the tornado that
person Election Day voting, and Congress may choose to
affected Tennessee the night before its 2020 primary.
defer to state and local officials on decisions about
alternatives to in-person Election Day voting.
Alternatives to voting in person at polling places on
Election Day also raise a number of potential concerns,
Members might also offer proposals to encourage or require
which may vary depending on the particular policy proposal
states to adopt alternative voting methods. A number of
or voting method. Expanding voting options can impose
bills introduced in the 116th Congress would require states
costs like printing and postage for ballots used in mail
to offer early or mail voting for federal elections and/or
voting or operating expenses for the voting locations that
authorize appropriations to help them implement such
are open during early voting. Early and mail voting may
policies. S. 957 would require states to offer early voting
also present security concerns, including challenges related
and authorize payments to help them do so, for example,
to voter verification and the reliability of postal delivery for
and H.R. 92 and S. 26 would require states to mail ballots
mail voting and to longer-term storage of blank and
to registered voters and authorize appropriations to the
completed ballots for early voting. Other concerns
United States Postal Service to carry ballots free of postage.
expressed about mail voting include that it presents
opportunities for voter errors, fraud, or coercion, and that
Federal legislation could also require states to offer
waiting for returned ballots may delay final election results.
alternative voting methods under certain circumstances. For
Alternative voting methods could also diminish the role of
example, one bill introduced in the 116th Congress would
Election Day as a shared civic experience, and voters who
direct the U.S. Election Assistance Commission to create a
cast ballots early might miss information that could have
federal absentee ballot for use by select voters, such as
affected their choices or vote for a candidate who is no
those affected by certain disasters or health emergencies (S.
longer in the race on Election Day.
3529). Other legislation would require states to offer no-
excuse mail voting during national emergencies and
Election officials have typically implemented measures
authorize payments to help defray the accompanying costs
gradually when expanding voting options beyond in-person
(H.R. 6202; S. 3440).
Election Day voting. Voting from outside the voter’s home
election jurisdiction was available as an option for soldiers
Congress has also appropriated some funding that states
in the Civil War, for example, but no-excuse mail voting
might apply to certain early or mail voting expenses. For
was not introduced in any state until the 1970s. Often, states
example, some of the funds Congress has appropriated
or jurisdictions have provided transition periods or tested
under the Help America Vote Act of 2002 (HAVA)—
early or mail voting on a smaller scale (e.g., for certain
including $380 million for FY2018 (P.L. 115-141) and
categories of voters or local or lower-turnout elections)
$425 million for FY2020 (P.L. 116-93)—can be used for
before rolling the policies out more widely. Oregon began
costs, such as helping meet increased demand for mail
using mail voting for all elections in 2000, for example, but
ballots as a result of the COVID-19 pandemic. Congress
approved a test of mail voting for local elections in 1981
also included $400 million in election administration-
and used it for select elections throughout the 1990s.
related payments to states in the Coronavirus Aid, Relief,
and Economic Security (CARES) Act (H.R. 748).
The following questions may be helpful for those
considering proposals regarding early or mail voting:
Sarah J. Eckman, Analyst in American National

Government
Would the alternative method be designed to provide
Karen L. Shanton, Analyst in American National
flexibility about when voters can receive or cast a ballot,
Government
where they can receive or cast a ballot, how they can
receive or cast a ballot, or more than one of the above?
IF11477
https://crsreports.congress.gov

Early Voting and Mail Voting: Overview & Issues for Congress

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