Some states accept ballots if voters die before Election Day
ATLANTA – At 90 years old and living through a global pandemic, Hannah Carson knows time may be short. She wasted no time returning her absentee ballot for this year’s election.
As soon as it arrived at her senior living community, she filled it out and sent it back to her local election office in Charlotte, North Carolina. If something were to happen and she doesn’t make it to Election Day, Carson said she hopes her ballot will remain valid.
“I should think I should count, given all the years I have been here,” she said.
In North Carolina, a ballot cast by someone who subsequently dies can be set aside if a challenge is filed before Election Day with the county board of elections.
Questions over whether ballots will count if someone votes early but dies before Election Day are especially pressing this year, amid a coronavirus outbreak that has been especially perilous for older Americans. People 85 years and older represent nearly one in three deaths from COVID-19 in the U.S. As an election looms, the odds against older people who contract the virus are on the minds of the elderly and their family members.
Seventeen states prohibit counting ballots cast by someone who subsequently dies before the election, but 10 states specifically allow it. The law is silent in the rest of the country, according to research by the National Conference of State Legislatures.
Even though a law might require such ballots to be rejected, it’s likely that some could still count depending on when the person dies and when election officials find out about the death.
“The law may say that the ballot of a person who dies in that situation can’t be counted, but it is a hard law to follow,” said Wendy Underhill, head of elections for the National Conference of State Legislatures.
When someone dies close to an election, it takes time for death records to be updated, and there is a narrow window between when a ballot is cast and counted. Colorado in 2016 had between 15 and 20 instances of voters who cast a ballot by mail and then died before Election Day. All were counted.
In Michigan’s primary earlier this