Understanding Ballot Gathering: Laws and Controversy

Ballot gathering, also known as ballot collecting, is when a voter completes an absentee ballot, seals it in a signed envelope, and entrusts it to another person to drop it off at a mail center or designated ballot drop-off location. While this practice is legal in some form in 35 states, laws around it vary significantly from state to state. Most states that allow ballot gathering restrict who can return ballots to individuals like family members, household members, or caregivers.

In 17 states, voters can designate someone other than family or caregivers to return their ballot, while 11 states limit how many ballots can be returned by an authorized person. For example, in Colorado, a person can return up to 10 ballots, whereas in California, there is no limit. However, California requires that those collecting ballots do so without compensation. States like Rhode Island and Wyoming do not specify who can return a ballot on behalf of a voter, leaving room for interpretation.

Alabama stands as the only state where only the voter can return the ballot except in emergency situations. The Americans with Disabilities Act mandates that all states assist voters with disabilities in applying for, completing, and returning absentee ballots. The issue of who can return absentee ballots has sparked controversy, with arguments both for relaxing restrictions to prevent voter disenfranchisement and for maintaining limitations to prevent fraud.

While there is a low risk of fraud associated with ballot collecting by third parties, there have been isolated incidents raising concerns. For instance, in a 2018 congressional election in North Carolina, allegations surfaced of illegal ballot harvesting leading to the election results being overturned. In 2020, California’s Attorney General ordered the removal of unofficial ballot drop boxes.

In California, those gathering ballots must submit them to the county registrar of voters within three days of receiving them or before polls close on Election Day. They are prohibited from tampering with ballots, electioneering, or coercing voters. Churches in states like California can collect ballots, issue voter guides, and host candidate debates as long as they remain nonpartisan and adhere to the Johnson Amendment, prohibiting tax-exempt organizations, including churches, from participating in political campaigns.

Despite the controversies surrounding ballot gathering, laws and practices around this process continue to evolve, with each state having its regulations and restrictions in place. The potential for fraud remains a concern, prompting ongoing debates and legal actions to ensure the integrity of the voting process.