Checking Absentee Ballots
Contents
Categories of threats to absentee
ballots, and best defenses
Current Procedures for checking
absentee ballots
Table,
graph and links to sources on voters’ confidence in elections
Court
decisions which stopped signature reviews
Pending
cases to stop signature reviews
Court
cases which challenged ballot rejections for missing dates
Categories
of threats to absentee ballots, and best defenses
·
Main paper, “20 Threats and Defenses for Absentee Ballots and Other Election
Procedures” This explains the threats summarized in the infographic
· Supplement with links & citations for the
threats, detailed numbers, state investigation differences, literature review,
and data tables
·
Procedures
& cost of thank-you
notes for absentee ballots (2 pages)
· Short paper on auditing ballot
marking devices (BMDs)
· State rules on what the public can observe
Current
Procedures for checking absentee ballots
·
Table
showing how each state
checks absentee ballots, and links to state laws
· Details on a dozen counties and cure
results, from public
records requests, 2022
· 2020
spreadsheet: number
of ballots accepted & rejected for various reasons in each US jurisdiction,
with some state summaries, 2020 EAC survey
· 2022
spreadsheet: number
of ballots accepted & rejected for various reasons in each US jurisdiction,
with some state summaries, 2022 EAC survey
· 2024
spreadsheet: number
of ballots accepted & rejected for various reasons in each US jurisdiction,
with some state summaries, 2024 EAC survey
·
· Costs to audit
counts
Table, graph and links to sources on voters’ confidence in elections
Court Cases
Court decisions which stopped signature reviews
2019 IA LULAC of Iowa, Taylor Blair. http://votewell.net/polk.pdf
"the risk
of depriving Iowans of the right to vote outweighs any state interest
in
requiring signature-verification of absentee applications and ballots... The
lack of standards for comparing signatures; the lack of expertise and training
regarding comparing signatures; and the unknown source, quantity and quality of
any signatures 'on record' all contribute to a likelihood of error in determining
a voter’s signature doesn’t match... The signature matching provisions of HF
516 do not pass rational basis scrutiny under the Equal Protection Clause of
the Iowa Constitution."
·
IA
Supreme Court agreed to block signature matching, 8/10/2018 https://www.iowacourts.gov/courtcases/2998/embed/AdditionalFile
·
https://iowastartingline.com/2019/10/01/partial-win-for-voting-rights-in-iowa-district-court/
and
·
Lawyers
for LULAC included Marc Elias & others of Perkins Coie.
2018 US Dist. of NH:
Saucedo, Heard, Fitzpatrick. https://www.courtlistener.com/docket/6324891/saucedo-v-nh-secretary-of-state/
·
order #72 at https://storage.courtlistener.com/recap/gov.uscourts.nhd.45850/gov.uscourts.nhd.45850.72.0_1.pdf
"The absence of functional
standards is problematic, and the likelihood of error resulting therefrom is
only compounded by the lack of meaningful review or oversight. ... Such
discretion [in signature verification] becomes constitutionally intolerable once
other factors are taken into account:"
·
complaint #1 at https://storage.courtlistener.com/recap/gov.uscourts.nhd.45850/gov.uscourts.nhd.45850.1.0.pdf
"no voter should be disenfranchised simply because of penmanship.
"
·
https://www.concordmonitor.com/aclu-ballot-signature-ruling-19481030
·
Lawyers for Saucedo et al. included ACLU
Pending cases to stop signature reviews
2023 KS, LWV, Loud Light, Appleseed,
Topeka Ind. Living v. SOS & AG https://www.lwv.org/legal-center/league-women-voters-kansas-v-schwab
KS Supreme Court remands to district court to decide if signature is reasonably
uniform and cure process is adequate.
·
Lawyers for LWV et al. include Elias Law Group
Court cases which endorsed a process to cure mismatched signatures or give more information to voters
2025 WA, King County, Vet Voice, WA Bus,
Centro de la Raza, Martinez, Cantrell, Britt v. King County & SOS. https://www.democracydocket.com/cases/washington-signature-matching-challenge/
WA Supreme Court ruled
that cure process is enough for due process. Complaint gave intriguing
examples: “Washingtonians
do not have their signatures scrutinized to prove their identity when they sign
wills, property deeds, vehicle titles, tax declarations, tax returns, driver’s
licenses, gun licenses, contracts, or other legally significant documents. Indeed,
affidavits and declarations offered in Washington (and federal) courts are
routinely accepted without being subject to this faux science signature
matching process. Lawyers sign complaints, judgments, and legal liens without
such scrutiny. Washington citizens are born, marry, divorce, adopt children,
and die with formal county and state documentation, none of which is subjected
to this process… an election official might deem “Bob” and “Dick” to be common nicknames
of “Robert” and “Richard” but fail to identify “Lalo” as a diminutive of
“Eduardo” or “Chuy” as a nickname for “Jesús.” Indeed, RCW 29A.60.165(2)(c)
compounds this problem by allowing election officials to count ballots where
the voter signed with a “common” nickname.”
·
Lawyers
for Vet Voice et al. include Perkins Coie
2021 US E.Dist. of
WA: Reyes, LULAC, LCF. v. Benton, Chelan, Yakima Counties https://www.courtlistener.com/docket/59891554/reyes-v-chilton/ #120:motion for summary judgement,
#155:response. #195-A:Settlement requires Spanish notices & training, and
last pages have electronic signature certificates which would not be allowed
for absentee ballots: https://bloximages.newyork1.vip.townnews.com/ncwlife.com/content/tncms/assets/v3/editorial/b/82/b82123ea-5267-11ee-85ab-775863a77f97/650206cf7450e.pdf.pdf
2020 US S. Dist.
Of OH: LWV of OH, Randolph Inst, Mangeni, Campbell. https://www.courtlistener.com/docket/17401211/league-of-women-voters-of-ohio-v-larose/
Deny preliminary injunction in docket #53, because cure process exists
·
https://lawyerscommittee.org/wp-content/uploads/2020/08/Ohio.pdf
"a
minimum of two hours is required to conduct a signature comparison."
(p.238 of pdf, p.10 of exhibit from Linton Mohammed, docket #24-6)
2020 US W. Dist. of TX: Richardson, Weisfeld, MOVE, LWV of TX,
Austin Justice, Texans w/Disabilities. https://www.courtlistener.com/docket/16027137/george-richardson-v-texas-secretary-of-state/
Ruling at #99, #105
·
https://www.democracydocket.com/cases/texas-signature-matching-challenge/
·
2023 overturned
on appeal: Sec. of State not responsible for signature reviews, so not the
right party to sue, docket #125
2020 US S. Dist of
IN: Frederick, Collier, Marks, Clark, Common Cause IN. https://www.courtlistener.com/docket/15619889/frederick-v-lawson/
Superceded by new law for cures: https://stateofelections.pages.wm.edu/2021/10/18/big-changes-indiana-election-law-curing-ballots-private-funds/
2020 US Dist. of
ND: Self Advocacy, LWV of ND, Romo. https://www.courtlistener.com/docket/17221282/self-advocacy-solutions-nd-v-jaeger/
Settled by cure process, docket #36-37
2018 US N. Dist of FL: Florida Democratic
Party (4:16-cv-00607). https://www.courtlistener.com/docket/4501391/florida-democratic-party-v-detzner/
Superseded by cure process in CSHB 105, FL statutes 101.68(2)(c)1, docket #53.
o
Lawyers included Marc Elias of Perkins Coie
2018 US N. Dist of
FL Democratic executive committee of Florida v. Detzner. https://www.courtlistener.com/opinion/7333195/democratic-exec-comm-of-fla-v-detzner/?
Superseded by cure process in CSHB 105, FL statutes 101.68(2)(c)1, above
Court
cases which challenged ballot rejections for missing dates
Georgia: 15 community groups sued in Georgia. Judge gave preliminary injunction against rejecting ballots for lack of a birth date, saying birth date is not "material in determining whether such individual is qualified under State law to vote in such election." 52USC§10101(a)(2)(B). Doc#613, 8/18/23. courtlistener.com/docket/61643275/in-re-georgia-senate-bill-202/?order_by=desc
Pennsylvania: https://www.votebeat.org/pennsylvania/2024/05/29/aclu-challenges-ballot-date-requirement-act-77-commonwealth-court/
Other cases
2024 CO,
Denver, Vet Voice Foundation, et al., v. Griswold (No. 2022CV033456), https://www.democracydocket.com/cases/colorado-signature-matching-challenge/
The parties voluntarily dismissed the case. Research
uses data from this and the 2025 WA Vet Voice case.
https://www.democracydocket.com/cases/topic/vote-by-mail/
Infographic
