Ballot gathering or ballot collecting is a practice in where a voter completes an absentee ballot, places it in a sealed, signed envelope and entrusts it to another person who then drops it off at a mail center or a designated ballot drop-off location. This practice is also sometimes known as “ballot harvesting,” but experts say that is a loaded term and prefer “ballot gathering” or “ballot collecting” instead.
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Is ballot gathering legal?
According to the National Conference of State Legislatures, ballot gathering is legal in some form in 35 states where a person other than the voter is allowed to return a completed ballot on the voter’s behalf. However, the laws relating to ballot gathering vary significantly from state to state. Most states that allow ballot gathering place limits who can do that to individuals such as a family member, household member or caregiver.
Seventeen states allow a voter to designate someone other than family members or caregivers while 11 states limit how many ballots such an authorized person can return. In Colorado, for example, a designee can return only up to 10 ballots. In states such as California, there is no limit on how many ballots an authorized person can return. California places a condition that a person collecting ballots cannot be compensated. Other states such as Rhode Island or Wyoming do not specify who may or may not 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 permitted to return the ballot unless there is an emergency situation. According to the Voting Rights Lab, which also tracks ballot gathering laws, the Americans with Disabilities Act requires all states to allow voters with disabilities who need assistance to receive it. They say that includes assistance applying for, completing, and returning absentee ballots.
Why is ballot gathering controversial?
Those who want to relax the rules on who may return absentee ballots argue that such restrictions don’t prevent fraud, but end up disenfranchising certain groups of voters, particularly communities of color. Those who want such limitations argue that without them, there is opportunity for fraud. Some conservatives who pushed for these restrictions in previous election cycles have changed their stance, saying they need to gather ballots now because it is legal, and not doing so might put them at a disadvantage.
Is there a potential for fraud?
Experts say there is “very low risk” for fraud with ballot collecting by third parties. In a 2018 congressional election in North Carolina, a political operative for the Republican candidate faced allegations of running an illegal “ballot harvesting” operation in Bladen County, with the operative and his helpers illegally collecting absentee ballots before turning them in. The results of that election were thrown out and a new election was held. In 2020, then California Attorney General Hector Becerra ordered Republicans to remove unofficial ballot drop boxes from churches, gun shops and other locations, warning that those behind such “vote tampering” could face prosecution.
Ballot harvesting not only carries the potential for fraud, there is considerable anecdotal evidence of fraud occurring. In a prior election, I personally am aware of a small group, within a larger group of which I’m a member, bragging about how they changed several seats from red to blue via their ballot harvesting operation. I’ve also heard about groups going to nursing, memory care and senior living homes persuading the residents to fill out ballots for their Democratic candidates and issues. “Urging” people to vote is not illegal. But when the target can’t even remember their name, it is definitely a fraudulent practice. This practice would change elections in swing states although have no significant effect in very lopsided one-party states. Restricting ballot harvesting to those with a family connection or caregivers would be OK and would ensure that all persons, including in “communities of color”, would have the same ability to cast their votes, and would protect vulnerable or incompetent persons from being used by groups of canvassing ballot harvesters.