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How the 5 vote-by-mail states have overhauled their election systems
Democrats control the legislature and governorship in four of the vote-by-mail states: Colorado, Hawaii, Oregon and Washington. Over the last two years, these states have made significant expansions to voting access, as well as smaller election modifications. Utah, the sole Republican-led state in the group, has only seen minor voting changes recently as it already practices some of the expansions made by the other states.
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The chart below provides an overview of how voting practices have changed or remained the same in the five primarily vote-by-mail states over the past two years. A more detailed explanation of each state's changes follows.
Read the first installment of Election Evolution: How the 5 most populous states have overhauled their election systems
Colorado
Colorado's all-mail election system is often heralded as the gold standard for the rest of the country. Since 2013, when the state first opted to send all voters a mail ballot for every election, Colorado has seen higher voter turnout and lower election costs than in previous elections.
This year, lawmakers made small tweaks to the vote-by-mail system. Voters with certain disabilities are now able to cast their ballot electronically, rather than returning it by mail or in person. (These voters must include an affidavit or a copy of their voter ID, similar to if they voted in person.)
Multipurpose buildings, including police stations, may be used as new drop box locations if the buildings also include the county or municipal clerk's office. And any voter in line at a drop box location at the time polls close may remain in line until they can return their ballot.
A law enacted this year also requires voting locations to keep affidavits for curing, or fixing, ballots as well as replacement ballots on hand in case any voter needs them. And another new rule prevents mail ballots from being challenged for a mismatched signature. (Election officials will ensure signature matching during the ballot counting process.) Instead, challenges can only be made on the basis that the voter is not a citizen, hasn't lived in Colorado long enough or isn't old enough.
One of the most impactful changes Colorado has made in recent years is restoring voting rights eligibility to people with felony convictions upon their release from prison, rather than after they complete probation or parole. Election clerks must also coordinate with county sheriffs to facilitate voting for individuals in jails or detention centers who are eligible.
Other recent voting changes include:
- Higher education institutions must email students voter registration information each semester.
- County election officials must take into account certain factors when choosing sites for voting centers, such as previous turnout and wait times, and get public input on proposed changes or new locations.
- Starting November 2022, the state must provide a multilingual voter hotline and sample ballots in languages that at least 2,000 Coloradans speak for every general election and statewide odd-year election.
- The definition for electioneering, which is a crime punishable as a misdemeanor, was expanded to include the distribution or display of campaign posters, signs, materials or apparel.
Hawaii
Hawaii is the most recent state to switch to a primarily vote-by-mail system. Last year's election was the first in which all eligible voters automatically received an absentee ballot.
Following its inaugural all-mail election, Hawaii made a couple small changes to allow county clerks more time to process ballots and provide voters the option to request a replacement ballot.
This year, Hawaii added a requirement that each county open at least one voter service center during business hours for the 10-day early voting period. Additional voter service centers can be opened during varying days and times to best serve voters in that area. County clerks are required to publicize a list of all voter service centers and drop boxes, including the days, location and hours of operation for each.
A law enacted this year integrates the online and same-day voter registration systems, so Hawaiians can register to vote online during the early voting period or on Election Day and then cast a ballot in person at a voting center.
Other recent voting changes include:
- Voter registrations may no longer be challenged.
- The regular voter registration deadline was changed from 30 days to 10 days before an election. (Same-day voter registration begins 10 days before Election Day, when early voting opens, so registration is now essentially continuous.)
- Registration forms were updated to allow voters to indicate whether they have a disability that prevents them from reading standard print and allowing them to request an electronic ballot by email.
- For voter roll maintenance, Hawaii now follows the federal standard: Voters who may have moved are sent notices. If there is no response and the voter does not vote in the next two federal elections, then they are removed from the rolls.
- Officials are required to provide individuals on probation or parole with information about their eligibility to vote and how they can register.
- The no-electioneering zone was expanded to include within 200 feet of areas where voters are waiting to cast their ballots.
- It is now a misdemeanor crime to operate an unofficial ballot drop box.
Oregon
In 2000, Oregon became the first state to switch to primarily vote-by-mail elections. After two decades of conducting such elections, Oregon has not seen any significant changes to that process in recent years.
Earlier this year, state lawmakers did approve giving voters more time to return their mail ballots, though. Previously, voters had until the close of polls on Election Day to return their ballots, but now mail ballots will be accepted and counted if they are postmarked by Election Day and received by election officials no more than seven days late.
Election workers are also now allowed to begin processing and counting mail ballots upon receipt, rather than waiting to do so until a week before Election Day. And if an administrator receives ballots from voters in another county, they must forward those ballots to the right jurisdiction no later than eight days after an election.
The secretary of state and county election officials now must provide voter education pamphlets, in print and online, in the five non-English languages most commonly spoken statewide and in each county. A list of these languages must also be made publicly available.
In Oregon, not voting in a certain number of elections does not trigger removal from the state's voter rolls. A law enacted this year also prohibits election officials from marking voters as inactive if they have not recently voted or updated their registration.
Voters currently marked as inactive for these reasons will be restored as active. Election officials are also instructed to notify inactive voters of their status 75 days before a primary or general election and give them the opportunity to reactivate their registration.
Finally, a new law prohibits people from knowingly communicating false statements with the intent to mislead voters about the date of election, deadline for delivering ballots, voter registration deadline, method of registering to vote, locations of drop boxes, qualifications of voters, or voter registration status within 30 days of a primary or special election or 60 days of a general election.
Utah
While primarily vote-by-mail elections were first introduced in Utah in 2013, it wasn't until last year's election that all 29 counties used the system.
To help voters monitor their mail ballot's status, a law enacted earlier this year requires the lieutenant governor to provide a ballot tracking system that will text or email voters when their ballot is mailed to them, received by the county clerk and counted. Utah already offers a way for voters to track their ballots, but this new system will be active by May 2022.
Last year, Utah became the latest state to abolish an archaic voting procedure: straight-ticket voting, which allows voters to choose all the candidates of a particular party with a single ballot mark. Just seven states still offer this option. Proponents of straight-ticket voting say it cuts down on wait times at the polls, but as an all vote-by-mail state that's not an issue in Utah. Critics of straight-ticket voting also say doing away with it forces voters to be more informed of all candidates on the ballot.
Also in 2020, lawmakers consolidated the different deadlines for online, in-person and by-mail voter registration so that they are all 11 days before an election. (Same-day registration is still offered at in-person polling locations on Election Day.)
Additionally, the registration rules were updated requiring anyone who wishes to participate in the primary of a party other than the one they are currently affiliated with to update their political affiliation by March 31 of an even-numbered year. (Previously, voters had until the voter registration deadline to make changes.)
Like every state, Utah has a process for removing deceased voters from the rolls. This year, new rules were adopted for that process. County clerks must now cancel a person's voter registration within 10 days of being notified that they are deceased. And the lieutenant governor must work with the state registrar to review the voter rolls 90 days before an election and ensure no deceased voters remain.
Washington
Permanent absentee voting in Washington dates back to the 1980s, but it wasn't until 2011, when every county but one had switched to all-mail elections, that this system was adopted statewide.
In 2019, Washington implemented both same-day and automatic voter registration. (A voter must go to a voting center to register and vote on the same day.) That same year, the state also adopted a Native American Voting Rights Act, allowing nontraditional addresses and tribal IDs to be used for voter registration and tribes to request voter services, like ballot drop boxes, on their reservations.
Two years ago, Washington started allowing 16- and 17-year-olds to pre-register to vote as well. In 2020, this policy was updated so that at the beginning of next year, 17-year-olds will be eligible to vote in primaries if they turn 18 by the subsequent general election.
Starting next year, Washingtonians with felony convictions will have their voting rights restored upon release from prison, rather than after they've completed probation or parole. Voting rights will not be revoked if a person is re-incarcerated for violating probation, parole or community custody.
Finally, Washington has now made it a gross misdemeanor to misrepresent an unofficial ballot collection site as an official one established by the county auditor.
- Report: 30 new laws restrict voting access in 18 states - The Fulcrum ›
- State lawmakers seek changes to voting rights laws - The Fulcrum ›
- How voting has changed in the 5 most populous states - The Fulcrum ›
- How 5 swing states have overhauled their election systems - The Fulcrum ›
How the 5 most populous states have overhauled their election systems
The chart below provides an overview of how voting practices have changed or remained the same in the five most populous states over the past two years. A more detailed explanation of each state's changes follows.
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California
The country's most populous state is also one of the most accessible in terms of voting. Most of the election reforms enacted over the last two years were small and built upon the expansions already in place.
One significant change, though, happened last year when voters approved a ballot initiative to restore voting rights to people with felony convictions upon their release from prison. Previously, these individuals remained disenfranchised until they finished their probation or parole.
California also extended a temporary vote-by-mail expansion made for the 2020 election. All counties will continue to conduct primarily vote-by-mail elections until the end of this year. Then, in 2022, the state will revert back to allowing counties to decide how to conduct elections.
Other recent voting changes include:
- Voters can now update their registration or change their party affiliation up until the close of polls on Election Day. Previously, the cut-off date was 15 days before an election.
- The state government now pays the postage for mail ballots.
- If a person is unable to return their mail ballot, they can designate someone else to do so. However, the designated person is prohibited from receiving any form of compensation for returning a ballot.
- Los Angeles County established county-wide vote centers last year. Any county in California can opt in to using these types of polling places.
- A law that could trigger removal from the voter rolls if a person had not voted within the last four years was rendered inoperative. It will be repealed in 2029.
Texas
The Lone Star State has garnered national attention this year for its ongoing partisan disputes over voting legislation. Republicans are pushing to tighten voting access and Democrats have twice fled Austin to thwart their efforts by preventing the required quorum.
Since 2019 Texas lawmakers have made significant changes to voting and elections, but not all of them have been restrictive. For instance, this year the secretary of state was authorized to maintain an online vote-by-mail tracking system, so voters can check the status of their applications and ballots. Interpreters are also now available for voters who require assistance reading or marking ballots at an in-person polling location.
However, there were a couple laws that did explicitly limit voting access. A month before the Nov. 3 election, GOP Gov. Greg Abbott issued an order limiting absentee ballot drop-off locations to just one per county.
And this past May, lawmakers tightened the language around what excuses are accepted to vote absentee. The following reasons are not considered valid: lack of transportation, a sickness that did not otherwise prevent the voter from leaving their residence or a requirement to appear at the voter's place of employment on Election Day.
The impacts of Texas' other recent voting changes are either mixed or unclear. For example, a 2019 law requires early voting sites to stay open for the entire early voting period. However, that law eliminates the possibility of mobile voting sites, a restriction that voting rights advocates said harms young and rural voters.
Earlier this year, the state's election rules were tweaked to clarify who is allowed to be in a polling place (e.g., voters, election workers, poll watchers and elected officials) from the time the presiding judge arrives on Election Day to make the preliminary arrangements until the precinct returns have been certified.
Two new laws also impose penalties for election violations. One makes it a felony to count votes that are considered invalid or to not count votes that are considered valid. Another allows voters to file complaints with the secretary of state about election clerks who fail to post the required daily roster of people who have cast early ballots.
Another recently enacted measure limits the use of private money by requiring election officials to get approval from the secretary of state before accepting donations of $1,000 or more for election administration. And the secretary of state must get unanimous approval from the governor, lieutenant governor and speaker of the state House before instructing election officials.
Texas made additional changes to the way voter rolls are maintained:
- In March 2020, Texas joined the Electronic Registration Information Center, or ERIC, an interstate alliance to improve the accuracy and efficiency of voter registration lists.
- In the same month, a law was enacted requiring local officials to provide information about deceased voters within seven days (rather than 10) of the monthly data preparation deadline.
- In June, election officials were authorized to issue notices to voters who appear to be registered at a non-residential address. Once notified, voters must then take steps to prove it is their residential address.
- Also last month, the secretary of state was authorized to withhold funds from any registrar that fails to perform mandatory voter roll maintenance.
Florida
Similar to Texas, Florida has been at the center of the voting rights debate following the 2020 election. Earlier this year, Republican lawmakers passed, and GOP Gov. Ron DeSantis signed, an omnibus bill largely focused on tightening rules around voting by mail.
Vote-by-mail changes enacted through the omnibus bill include:
- Floridians who wish to vote absentee must provide their driver's license number, state ID number or the last four digits of their Social Security number.
- Absentee ballot drop box availability is limited to when voting centers are open.
- Drop boxes must be supervised by an election worker while in use.
- Drop box locations must be announced 30 days before an election and cannot be changed unless they violate the rules. This eliminates mobile drop boxes.
- State officials are expressly prohibited from sending out mail ballots without the voter's request.
- The printing of party affiliation or other partisan information on a ballot return envelope is prohibited.
- Voters can sign up to receive absentee ballots for every election in a general election year. However, Florida does not offer a permanent voting list.
- A person cannot return more than two absentee ballots in addition to their own and a ballot belonging to an immediate family member, which tamps down on so-called "ballot harvesting." Violations of this rule are punishable as a misdemeanor.
New rules are also in place for in-person voting. "Engaging in any activity with the intent to influence or the effect of influencing a voter" at voting sites, including drop boxes, is prohibited. Violations of this rule are punishable as a misdemeanor. The "no electioneering" zone around polling places and drop boxes was extended from 100 feet to 150 feet as well.
Election officials who violate the rules around drop boxes could be fined up to $25,000, in accordance with the recently enacted law. The measure also prohibits election officials from accepting private funding or other support for election-related expenses, voter education or voter registration programs.
The omnibus bill also makes slight changes to the voter registration process, requiring in some circumstances that voters present identification when updating their information. The measure also allows political parties and campaigns to oversee the canvassing process and challenge ballots for potential issues.
Another major voting change was made two years ago when lawmakers approved a requirement that people with felony convictions pay all outstanding fines and fees before their voting rights could be restored. This rule was approved after voters passed a constitutional amendment in 2018 restoring voting eligibility to people who had completed their sentence including probation or parole.
However, voting rights advocates have fought this requirement in court, arguing that mandating former felons pay fines and fees before being allowed to vote is equivalent to imposing poll taxes on Black people in the South after the Civil War.
On the other hand, Florida took a small step to help the recently released: Voter registration forms must include information on how formerly incarcerated individuals can register to vote.
Also in 2019, Florida joined ERIC to improve the accuracy and efficiency of its voter rolls.
New York
Over the last two years, New York has seen several voting easements, including the adoption of online voter registration and early in-person voting. The state also recently started allowing 16- and 17-year-olds to preregister to vote.
Last year, state lawmakers approved automatic voter registration, which is expected to start being implemented statewide in 2023. This year the State University of New York system was designated as an official registration agency for AVR.
In May, the requirement that people with past felony convictions complete their probation or parole before regaining the right to vote was eliminated. The measure also includes provisions to ensure adequate voter education about this change.
And more expansions could be on the horizon. Earlier this year, lawmakers approved a ballot initiative to adopt no-excuse absentee voting, which voters will decide on this November. This comes on the heels of temporarily expanding the accepted excuses to vote absentee during last year's pandemic-era election.
Another measure on the ballot this fall could eliminate the voter registration deadline. Currently, the deadline to register to vote is 10 days before an election.
Other recent voting changes include:
- Voters now have more time to apply for absentee ballots. (Previously, voters could apply no more than 30 days before an election.) Mail ballot applications must be received by election officials at least 15 days before an election.
- Election officials must notify voters about a change in polling location by posting a sign at the old location with information about the relocation.
- For special, primary or runoff elections in which there are no eligible voters in the most populous municipality, election officials can relocate the voting site to the next largest jurisdiction with eligible voters. This creates an exception to the rule that the voting site must always be in the largest municipality.
Pennsylvania
As a swing state with a Democratic governor and Republican-majority Legislature, Pennsylvania has also been at the forefront of the voting reform debate. Earlier this year, Gov. Tom Wolfe vetoed GOP-backed legislation that would have overhauled the state's election system.
While no compromise has been reached yet on this year's proposed voting changes, the state did enact a series of expansive measures in 2019. Perhaps the biggest one was the adoption of no-excuse mail voting. (The state still has absentee voting, which does require an excuse.)
The state also established a permanent mail voting list, so voters can sign up once to receive mail ballots for any election that year, as well as mail ballot applications for every year following.
The recently enacted law also gives voters more time to request and submit a mail ballot. Vote-by-mail applications can now be sent starting 50 days before an election. The voter registration deadline was also extended to 15 days before an election, giving Pennsylvanians another two weeks to register.
The 2019 election package also authorized the governor to allocate a $90 million bond to counties to reimburse 60 percent of the costs to replace voting equipment. The new machines allowed Pennsylvania's elections to have a paper backup, which bolstered security.
Two years ago, Pennsylvania also eliminated straight-ticket voting, an option on the ballot that allows voters to check one box to vote for all candidates of a certain party. Proponents of straight-ticket voting say it cuts down on voting time and ensures down-ballot candidates aren't skipped over. But opponents say the voting method is antiquated and disincentivizes voters from researching candidates.
Additionally, lawmakers approved a handful of small adjustments to the election system last year, including:
- Allowing partisan poll watchers to be in the room while mail ballots are being processed and counted.
- Marking as void any ballots with text, marks or symbols indicating the elector's identity, party affiliation or candidate preference.
- Permitting voters who requested a mail ballot but wish to vote in person to return their ballot at a polling place, thereby "spoiling" it so they can cast a regular ballot in person.
- Lowering the penalty for attempting to vote more than once in an election from a first degree misdemeanor charge to a third degree. The fine for such a charge was lowered from $10,000 to $2,500 and the sentence from five to two years.
- More voting restrictions have been signed into law this year than ›
- Report: 30 new laws restrict voting access in 18 states - The Fulcrum ›
- State lawmakers seek changes to voting rights laws - The Fulcrum ›
- Report: How states score on mail and early voting - The Fulcrum ›
- Report: mail voting increased but ballot rejections did not - The Fulcrum ›
- The states with the biggest increases in voter registration - The Fulcrum ›
- How elections have changed in the 5 vote-by-mail states - The Fulcrum ›
- Gov. Abbott signs Texas elections overhaul into law, and the voting rights lawsuits begin - The Fulcrum ›
- How 5 swing states have overhauled their election systems - The Fulcrum ›
