What Happens if a Voter Dies After Casting an Early Ballot?

Election officials across the United States have varying policies on counting absentee, early voting, or mail-in ballots cast by individuals who pass away before Election Day.

Former President Jimmy Carter, who has been under hospice care for over a year and will turn 100 on October 1, hopes to vote for Vice President Kamala Harris in the upcoming 2024 presidential election, according to his family members. “I’m trying to make it to vote for Kamala Harris,” Carter said during a conversation with his son Chip in late July, as reported by his grandson Jason Carter.

Early voting in Georgia, where Carter resides, begins on October 15. Both Georgia and other states allow absentee or mail-in ballots to be submitted ahead of the official Election Day on November 5.

A concerned citizen on Threads posed an intriguing question in August: “If a very old person takes advantage of early voting in their state, but passes away before the actual election date, is their vote counted?”

The answer varies widely by state.

Some states count ballots even if the voter dies before Election Day, while others do not. More than half of the states lack official rules regarding this issue.

According to the National Council of State Legislatures (NCSL), retrieving ballots from deceased voters is challenging once the absentee ballot is verified and separated from its return envelope. Nine states have laws explicitly permitting the counting of such ballots, while ten states explicitly prohibit it.

Three states have different rules, and 28 states along with Washington, D.C., have no rules on this matter. Connecticut, for example, counts ballots of deceased voters only if they are members of the armed services.

States that explicitly prohibit counting ballots cast by deceased voters include:

Additionally, some states follow attorney general opinions rather than statutes to handle this situation.

Election officials in states with no clear rules provided varied responses. A representative from California’s Secretary of State’s office stated that a vote would count as long as it meets all eligibility and deadline requirements. Officials in Idaho, Oklahoma, South Carolina, Washington, and West Virginia confirmed that votes from deceased voters would indeed be counted.

Colorado and Oregon, both vote-by-mail states, confirmed that votes are counted if the voter cast their ballot before passing away. In Alaska, it depends on when the division receives official death verification.

Regarding Jimmy Carter’s home state of Georgia, no official response has been received yet from local election officials.

This piece is based on contributions from VERIFY partner station WCNC.