Some Ballots from Deceased Voters Remain Valid

A peculiar aspect of Arizona’s voting laws allows votes cast by deceased individuals to be counted under specific circumstances. Early ballot tallies on election night may inadvertently include votes from individuals who died after casting their ballots.

This situation arises from legal provisions rather than conspiracy theories, as noted by Aaron Thacker, spokesman for the Secretary of State’s Office. “How would the (county) recorder know someone died after they mailed their ballot?” he remarked, emphasizing the practical challenges associated with tracking such events.

When an early voter passes away, their ballot remains valid. The Arizona Department of Health Services supplies the Secretary of State with monthly lists of deceased individuals, which are then cross-referenced with the state’s voter registration database.

In the event of a “hard match,” the voter registration is canceled if all listed identifiers align, including names and social security numbers. Conversely, “soft matches” prompt further investigation by county agencies, leading to potential registration cancellations only after confirming the individual’s status.

Pima County Recorder Gabriella Cazares-Kelly highlighted the importance of obituaries and other documentation to identify deceased voters. The office actively checks these records to initiate the voter cancellation process.

However, the county’s registration updating does not eliminate the potential for counting votes from those who have passed. A vote is deemed legally cast when submitted by a registered voter, regardless of their status at the time of counting, as clarified by Maricopa County Recorder’s Office representative Taylor Kinnerup.

AZ’s Elections Procedures Manual underlines that a valid ballot cast by a registrant who later dies will be counted. This hinges on whether the ballot was submitted at an early voting location or via mail, not merely filled out and left unattended.

Yet, challenges arise in pinpointing the timing of a voter’s death relative to ballot submission. For instance, if a voter dies on one day and their ballot is received the next, it remains plausible that they voted before passing.

Cazares-Kelly noted that tracking ballots from deceased voters is complicated. Even if registrars learn about a voter’s death before Election Day, the ballot once accepted cannot be removed from the system due to the anonymity safeguards in place.

Family members are discouraged from submitting ballots for deceased relatives. Cazares-Kelly warns that if discrepancies arise post-election regarding these ballots, it may trigger legal inquiries.

This scenario isn’t exclusive to deceased voters; it can also include those who lose voting rights due to felony convictions after casting an early ballot. If a voter retains their legal status at the time of voting, their ballot counts.

Looking at historical data, over 11,000 individuals passed away in Arizona during the early voting period of the last election in October 2022. Most were of voting age, raising questions about how many ballots could fall into this category. However, Cazares-Kelly estimates that the number of ballots from deceased voters is relatively low, likely in the teens, while a similar estimate from Maricopa County suggests a few dozen.