Electronic ballot return, also known as online voting or internet voting, refers to any method by which a voted ballot is returned electronically whether via email, fax or online portal.
Thirty-one states, Washington, D.C., and the Virgin Islands allow certain voters—typically military or overseas voters, or voters with disabilities—to return voted absentee/mail ballots electronically, via fax, email or through an online portal.
Proponents of electronic ballot return emphasize convenience and accessibility, arguing that allowing electronic ballot return can help eligible voters who meet certain standards, such as serving overseas in the military, ensure their votes are submitted in time to be counted.
Opponents underscore cybersecurity concerns, citing long-standing research from cybersecurity experts and a recent interagency federal risk assessment that indicate returning ballots electronically carries risk of compromise.
Background
Electronic Delivery of Blank Ballots: The federal Military and Overseas Voters Empowerment Act (MOVE), passed in 2009, requires states to enable the electronic delivery of blank absentee ballots to voters who fall under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). This delivery can be via an email, fax or an online delivery system. Details on which electronic delivery formats states make available to voters can be found in the Federal Voting Assistance Program's Voting Assistance Guide.
Electronic Return of Voted Absentee Ballots: The MOVE Act does not require states to accept voted ballots electronically. Returning ballots by mail continues to be the most common method of return and in 19 states it is the only permitted method of ballot return.
Note: UOCAVA voters from any state can also vote by using an online Federal Write-In Absentee Ballot (FWAB) offered by the Federal Voting Assistance Program (FVAP). The FWAB is intended as a backup ballot for voters who do not receive a ballot from their jurisdiction. It can be marked electronically using FVAP's online ballot marking tool, then printed, signed and returned to the appropriate stateside local election office.
Returning Ballots Electronically
UOCAVA Voters: Returning ballots electronically is most often reserved for UOCAVA voters. These voters can face unique challenges, such as unreliable foreign postal systems, in receiving and returning absentee/mail ballots by state deadlines.
- Thirty-one states, Washington, D.C., and the Virgin Islands allow UOCAVA voters to return a voted absentee/mail ballot by fax.
- Twenty-five states, Washington, D.C., and the Virgin Islands allow UOCAVA voters to return a voted absentee/mail ballot by email. (NOTE: in Arizona, only some counties allow email return.)
- Ten states allow UOCAVA voters to return a voted absentee/mail ballot through an online portal. (In Oregon and Utah, only some counties allow return through an online portal.) Some online portals allow voters to receive, mark and return their ballots entirely online, while others may require the voter to print the ballot, mark it, scan it and upload it back into the system as a PDF.
See details in the table below.
Voters with Disabilities: Thirteen states have extended electronic ballot return options to voters with disabilities, who may face unique challenges to voting in person or by mail. These options include allowing at least some voters with certain disabilities to:
- Return a voted absentee/mail ballot by fax.
- Return a voted absentee/mail ballot by email.
- Return a voted absentee/mail ballot through an online portal. (NOTE: Utah does so in two counties only.)
See details in the table below.
Others: A few states allow electronic ballot return in other limited circumstances, such as during certain emergencies or natural disasters (Colorado) or for qualified first responders (Utah). In Louisiana, all absentee voters have the option of returning a voted absentee ballot by fax (note that in Louisiana, voters must provide a qualifying excuse to vote an absentee ballot).