Early voting

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Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. Some states allow voters to cast absentee ballots in person. States that allow in-person absentee voting without an excuse are counted below among no-excuse early voting states.

HIGHLIGHTS
  • As of February 2024, 47 states and the District of Columbia permitted no-excuse early voting. For a full list of these states, see here.[1]
  • Proponents argue that early voting opportunities make the voting process more convenient for citizens, thereby increasing turnout and diversifying the electorate.
  • Critics argue that citizens who vote early may be more likely to make ill-informed decisions.
  • To see the arguments for and against early voting , click here.

    The most important step in voting is knowing where and when to vote. Ballotpedia is committed to making sure everyone who wants to vote, can vote. Check the list of states below to find the contact information for your state Election Commission or Secretary of State's office. This information can be used to find more information about signing up for early voting or finding your local polling place.

    Click here to see a comprehensive list of states that allow early voting.

    Click here to find the contact information for your state election commission or secretary of state.

    Click here for a list of upcoming election dates.

    Click here for a list of frequently asked questions and answers.

    Early voting by state

    As of Februrary 2024, 47 states and the District of Columbia permitted no-excuse early voting in some form:[1]

    *Note: On Feb. 23, 2024, Delaware Superior Court judge Mark Conner ruled that early voting was unconstitutional in the state, saying that the laws are "inconsistent with our constitution and therefore cannot stand." As of Feb. 29, lawmakers have introduced legislation, SB3, to restore in-person early voting.

    States with all-mail voting

    See also: All-mail voting

    Eight states – California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont, and Washington – conduct what are commonly referred to as all-mail elections. In these states, voting is conducted primarily, although not necessarily exclusively, by mail. These states allow for in-person early voting by default (generally by allowing voters to return their mail-in ballots in person at municipal-level offices or vote centers).

    Frequently asked questions

    Support and opposition

    The following quotes briefly summarize arguments for and against early voting. See our page, Arguments for and against early voting, for detailed support and opposition arguments from a variety of sources.


    Arguments for and against early voting
    Support Opposition
    "Early voting eases Election Day congestion, leading to shorter lines and improved poll-worker performance. It allows election officials to correct registration errors and fix voting system glitches earlier. And polling has shown that early voting enjoys popular support. ... [S]tarting in 2011, lawmakers in some states have sought to cut back on early voting. In many cases, these reductions have targeted voting days used heavily in African-American communities, such as the last Sunday before the election, when churches organize 'souls to the polls' drives. States that cut back on early voting have faced lawsuits and some rulings that the changes were discriminatory."

    "Although voters may find early voting convenient, turnout data show that early voting may actually decrease turnout, not increase it. Early voting raises the costs of political campaigns, since expensive get-out-the-vote efforts must be spread out over a longer period of time. There is also no question that when voters cast their ballots weeks before Election Day, they do so without the same access to knowledge about the candidates and the issues as those who vote on Election Day. When there are late-breaking developments in campaigns that could be important to the choices made by voters, those who have voted early cannot change their votes."

    - Hans von Spakovsky of The Heritage Foundation (2017)[3]


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    Note: An election date on the above list may have been scheduled initially but later canceled due to a lack of candidates or a lack of races advancing to a runoff, if applicable.

    Early voting legislation

    The table below lists bills related to early voting registration introduced during, or carried over to each state's regular legislative session this year. The following information is included for each bill:

    • State
    • Bill number
    • Official name or caption
    • Most recent action date
    • Legislative status
    • Topics dealt with by the bill

    Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.

    Noteworthy events

    This section summarizes noteworthy events related to early voting.

    Delaware (2024)

    On Feb. 23, 2024, Delaware Superior Court judge Mark Conner ruled that early voting was unconstitutional in the state, saying that the laws are "inconsistent with our constitution and therefore cannot stand."[4][5] Article V, Section 1 of the Delaware Constitution says, "The general election shall be held biennially on the Tuesday next after the first Monday in the month of November." Judge Conner ruled that, "Any enactment of the General Assembly that provides for casting ballots on other days than that day enumerated by Article V, Section 1, unless permitted elsewhere Article V, runs afoul of and is inconsistent with the Constitution."[6]

    On Feb. 27, Attorney General Kathy Jennings announced that she would appeal the decision to the Delaware Supreme Court and said, "We will file our appeal quickly and intend to request a decision from the Delaware Supreme Court so that voters have final clarity in time for the September primaries."[7] On Feb. 29, lawmakers introduced legislation, SB3, to amend the state's constitution and restore in-person early voting.

    Lawmakers originally established early in-person voting by passing HB38 in 2019. Delaware Governor John Carney (D) signed HB38 on June 30, 2019, which established in-person early voting beginning January 1, 2022. The law allowed voters to vote "in-person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before the election at locations determined by the State Election Commissioner."[8][9]

    According to Senate Bill 149, which was signed into law on July 21, 2023, Sundays do not have to be included in the early voting period for presidential preference primaries.[10]

    Iowa (2018)

    On August 10, 2018, the Iowa Supreme Court ruled on several provisions of HF 516, which called for shortening the state's early voting period from 40 to 29 days along with other provisions related to voting, including voter ID requirements. Concerning the early voting period, the court lifted an injunction put in place by a district court. The court did not provide their reasoning in the order.[11]

    On May 30, 2018, the League of United Latin American Citizens (LULAC) of Iowa and Taylor Blair, a student at Iowa State University, filed suit in the Iowa District Court for Polk County against Secretary of State Paul Pate (R) alleging that HF 516 illegally impaired the ability of Iowans to vote.

    On July 24, 2018, the district court granted the plaintiffs' request for temporary injunctions against several parts of HF 516, including the provision shortening the early voting period, saying that provision would cause irreparable harm to those unable to vote in the 29-day period. The case proceeded to the Iowa Supreme Court, which lifted the injunction.[12]

    Florida (2018)

    On July 24, 2018, a federal judge barred enforcement of a Florida rule, established by Secretary of State Ken Detzner in 2014, prohibiting the use of college campus sites as early voting locations. The rule stated that educational facilities did not meet state law definitions for early voting sites.[13]

    Judge Mark E. Walker of the United States District Court for the Northern District of Florida wrote the following in his order: "Simply put, Defendant's Opinion [i.e., Florida's rule barring early voting on college campuses] reveals a stark pattern of discrimination. It is unexplainable on grounds other than age because it bears so heavily on younger voters than all other voters. ... The Opinion is intentionally and facially discriminatory." Walker barred the secretary of state from enforcing the 2014 rule, though he did not order election officials to designate early voting sites on college campuses, leaving such action to the discretion of local officials.[13][14]

    Ohio (2014-2016)

    On August 23, 2016, the United States Court of Appeals for the Sixth Circuit upheld an Ohio law reducing the state's early voting period from 35 days to 29 days.[15]

    On February 21, 2014, Governor John Kasich signed into law two bills that altered the state's early and absentee voting provisions. Senate Bill 238 shortened the early voting period by a week, thereby eliminating "Golden Week," a period during which state residents could register and vote on the same day. Senate Bill 205 established a requirement that the secretary of state obtain funding approval from the legislature before mailing absentee ballot applications statewide.[16]

    The NAACP and other groups filed a lawsuit seeking to block enforcement of Senate Bill 238. A federal district court placed an injunction on SB 238's provisions, then the U.S. Supreme Court ruled to stay the injunction, putting the law into effect. On April 17, 2015, the parties involved agreed to a settlement. The terms of the settlement included the restoration of one day of voting on Sunday, additional weekday evening voting hours, and the elimination of "Golden Week."[17]

    The Ohio Democratic Party, along with two local parties and three individuals, challenged the version of the law that was revised based on the 2015 settlement. A district court issued an injunction barring implementation of the law on May 24, 2016, ruling that the law created a disparate burden on African-American voters. The United States Court of Appeals for the Sixth Circuit reversed the ruling on August 23, 2016, ruling that the change to 29 days of early voting remained generous and that it did not violate the Voting Rights Act.[15]

    North Carolina (2013-2016)

    The United States Court of Appeals for the Fourth Circuit struck down several provisions of a North Carolina law, including a provision shortening the state's early voting period, on July 29, 2016.[18]

    On July 25, 2013, the North Carolina Legislature passed a law with several provisions related to voting, including voter ID requirements and shortening the early voting period from 17 days to 10 days. Governor Pat McCrory (R) signed the bill into law on August 12, 2013. A number of lawsuits opposing the law were filed, and the cases were consolidated in a case brought before the District Court of the Middle District of North Carolina. The suits alleged that the law discriminated against minority groups. North Carolina was the first state to approve new voting laws after the United States Supreme Court struck down portions of the federal Voting Rights Act in June 2013.[19][20]

    The district court upheld the provisions of the law, ruling that the provisions did not place a discriminatory burden on African Americans and that the state had other reasons beyond discriminatory intent for imposing the provisions.[21] The plaintiffs in the case appealed.

    On July 29, 2016, the United States Court of Appeals for the Fourth Circuit struck down the shortened early voting period and the state's photo ID requirement along with other provisions, ruling that the state legislature had enacted them with racially discriminatory intent. On May 15, 2017, the Supreme Court of the United States declined to hear the state's appeal, letting the Fourth Circuit's decision stand.[18]

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    See also

    External links

    Footnotes

    1. 1.0 1.1 National Conference of State Legislatures, "Early In-Person Voting," March 23, 2023 Cite error: Invalid <ref> tag; name "ncslabsentee" defined multiple times with different content
    2. Brennan Center for Justice, "Democracy: An Election Agenda for Candidates, Activists, and Legislators," May 4, 2018
    3. The Heritage Foundation, "The Costs of Early Voting," October 3, 2017
    4. Delaware Online, "Delaware lawmakers consider options after court tosses out early voting, mail-in ballots," February 27, 2024
    5. ABC News, "Delaware's early voting and permanent absentee laws are unconstitutional, a judge says," February 26, 2024
    6. ABC News, "Mennella, et al. v. Albence, et al., C.A. No. S23C-03-014 MHC " February 23, 2024
    7. Attorney General, State of Delaware, "Attorney General Jennings’ comments on Superior Court’s voting ruling (as prepared)," February 27, 2024
    8. Delaware.gov, "Governor Carney Signs Early Voting Legislation," June 30, 2019
    9. Delaware General Assembly, "House Bill 38," accessed April 6, 2023
    10. Delaware General Assembly, "Senate Bill 149," accessed July 31, 2023
    11. The Gazette, "Iowa voter ID ruling: Early voting period stands at 29 days, high court says," August 10, 2018
    12. Iowa District Court for Polk County, "League of United Latin American Citizens of Iowa v. Pate: Ruling on Plaintiffs' Motion for a Temporary Injunction," July 24, 2018
    13. 13.0 13.1 United States District Court for the Northern District of Florida, "League of Women Voters of Florida v. Detzner: Order Granting Plaintiffs' Motion for Preliminary Injunction," July 24, 2018
    14. Tampa Bay Times, "Judge: Florida’s early voting-on-campus ban shows ‘stark pattern of discrimination,’" July 24, 2018
    15. 15.0 15.1 Leagle, "Ohio Democratic Party v. Husted," August 23, 2016
    16. The Columbus Dispatch, "Kasich signs both elections bills; 'livid' FitzGerald may take action," February 22, 2014
    17. MSNBC, "Settlement reverses some cuts to Ohio early voting," April 17, 2015
    18. 18.0 18.1 Ballot Access News, "U.S. Supreme Court Refuses to Hear All Four Election Law Cases that had Been on Conference Last Week," May 15, 2017
    19. CBS News, "N.C. sued soon after voter ID bill signed into law," August 13, 2013
    20. Politico, "Justice Department challenges North Carolina voter ID law," September 30, 2013
    21. Harvard Law Review, "North Carolina State Conference of the NAACP v. McCrory," April 10, 2017