What’s the Deadline for Mail-In Ballots?

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With an expected pandemic-induced spike in mail-in ballots, the stakes are unusually high for election-rules litigation

Utah is one of 19 states where mailed ballots postmarked on or immediately before Election Day will be counted if received in a relatively short period of time. Photo: Rick Bowmer/AP/Shutterstock Among the many factors that will determine the timetable for learning the 2020 election results, two that are a source of controversy and litigation in various states involve how soon mailed ballots can be processed and how late they can be received.

[S]tates with long experience in handling large volumes of mailed ballots begin to verify them about 20 days before Election Day. In 35 states, the process starts early, and in 12 of those states, election officials can begin checking the validity of mailed ballots as soon as they’re received …But in 11 other states, including the presidential battlegrounds of Michigan and Pennsylvania, election officials can’t even start the process until Election Day.

An equally big controversy that has been highlighted by fears of slow deliveries from the U.S. Postal Service involves the deadline for sending ballots in by mail: Must they be received by Election Day, or can they be counted if they are postmarked on or immediately before Election Day? A federal judge on Monday extended the deadline for absentee ballots to be returned in Georgia, ruling that they must be counted if postmarked by Election Day and delivered up to three days afterward.U.S. District Judge Eleanor Ross wrote that voters must be protected during the coronavirus pandemic, when record numbers of Georgians are expected to cast absentee ballots.

 

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