Ballot collection, or ballot harvesting, involves a voter filling out a mail-in ballot, placing it in a sealed, signed envelope, and giving it to another person, who then drops it off at a mail center or designated ballot drop-off location. This practice is sometimes called “ballot harvesting,” but experts say it is a loaded term and prefer “ballot harvesting” or “ballot harvesting” instead.
Is collecting ballots legal?
According to the National Conference of State Legislatures, ballot harvesting is legal in some form in 35 states where a person other than the voter is authorized to return a completed ballot on the voter’s behalf. However, ballot collection laws vary significantly from state to state. Most states that allow voting have restrictions on who can do so, such as family members, household members or caregivers.
Seventeen states allow a voter to designate another person as a family member or guardian, while 11 states limit the number of ballots such an authorized person can return. In Colorado, for example, a commissioner can only return up to 10 ballots. In states like California, there is no limit on how many ballots an authorized person can return. California imposes a condition that a person collecting ballots cannot be compensated. Other states, such as Rhode Island or Wyoming, do not specify who can or cannot return the ballot on a voter’s behalf. These variations leave a lot of room for interpretation.
Alabama is the only state where only the voter is allowed to return the ballot unless there is an emergency. According to the Voting Rights Lab, which also monitors voting laws, the Americans with Disabilities Act requires all states to allow voters with disabilities who need assistance to vote. They say that includes assistance with applying for, filling out and returning mail-in ballots.
Why is voting controversial?
Those who want to loosen rules on returning mail-in ballots argue that such restrictions do not prevent fraud but ultimately lead to certain groups of voters, particularly communities of color, being disenfranchised. Those who want such restrictions argue that without them there would be opportunities for fraud. Some conservatives who pushed for those restrictions in previous election cycles have changed their tune, saying they now have to collect ballots because it’s legal, and if they don’t they could be disadvantaged.
Is there potential for fraud?
Experts say the risk of fraud in third-party voting is “very low.” In a 2018 congressional election in North Carolina, a political activist for the Republican candidate faced allegations of conducting an illegal “ballot harvesting operation” in Bladen County, in which the activist and his aides illegally collected mail-in ballots before casting them. The results of this election were discarded and a novel election was held. In 2020, then-California Attorney General Hector Becerra ordered Republicans to remove unofficial ballot drop boxes from churches, gun stores and other locations, warning that those behind such “election manipulation” could face criminal prosecution.
What is allowed and what is not allowed when collecting ballots?
In California, those collecting ballots are allowed to collect them and either mail them or deliver them in person to the county ballot office within three days of receiving the ballots or before the polls close on Election Day. Ballot collectors are not permitted to set up ballot boxes at any location and may not receive compensation for the number of ballots returned. In all states, those collecting ballots are prohibited from manipulating ballots, campaigning, or forcing someone to vote a certain way or change their vote.
Can churches collect ballots?
Churches in states like California can collect ballots, issue voter guides and even hold candidate debates, as long as they do not support a specific candidate, publish all candidates’ positions and invite all candidates to the forum. A 1954 law called the Johnson Amendment, named after its lead sponsor, then-Senator Lyndon Johnson, states that tax-exempt nonprofit organizations, including churches, “are absolutely prohibited from engaging, directly or indirectly, in or on behalf of any political campaign.” “to intervene” by (or in opposition to) any candidate for elected public office.” This could jeopardize a church’s tax-exempt status. However, this law does not prevent nonpartisan voter education activities, voter registration campaigns, and the publication of voter “topic guides,” or even arranging transportation for voters to polling places—activities that involve black churches with members who tend to vote Democratic for decades. Pastors are also free to preach on social and political issues that are relevant from a religious perspective.
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