Summary Electronic Ballot Return

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 (which can be sent over the phone or the internet), email or online portal. More states allow certain voters to receive blank absentee/mail ballots electronically, and then print that ballot to return it by mail or in person. No state, however, has plans now or in the near future to conduct elections entirely via the internet.

Background

Electronic Delivery of Blank Ballots: The federal Military and Overseas Voters Empowerment Act (MOVE), passed in 2009, requires states to electronically provide blank absentee ballots to voters who fall under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). These voters—often known as UOCAVA voters—must be provided blank ballots in at least one electronic format—email, fax or an online delivery system—at least 45 days before an election. Details on which electronic delivery formats states make available to voters can be found on the Federal Voting Assistance Program's Voting Assistance Guide. UOCAVA voters from any state can also vote by using an online Federal Write-In Absentee Ballot offered by the Federal Voting Assistance Program. The “FWAB” is intended as a back-up ballot for voters who do not receive a ballot from their state. It can be marked electronically using FVAP's online ballot marking tool, then printed, signed and returned to the appropriate stateside local election office.

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 default option, and in 19 states it is the only option.

Eligible Voters

UOCAVA Voters: Returning ballots electronically is most often reserved for UOCAVA voters. These voters can face unique challenges in receiving and returning absentee/mail ballots by state deadlines. Imagine, for instances, the difficulty of returning a voted absentee/mail ballot from a remote military base overseas. Over half of the states offer electronic ballot return options to UOCAVA voters, and many provide more than one option.  

• Thirty-one states, Washington, D.C., and the Virgin Islands allow UOCAVA voters to return a voted absentee/mail ballot by fax.
• Twenty-six states, Washington, D.C., and the Virgin Islands allow UOCAVA voters to return a voted absentee/mail ballot by email.
• Seven states allow UOCAVA voters to return a voted absentee/mail ballot through an online portal.
• 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 in voting in person or by mail.

• Eleven states allow voters with disabilities to return a voted absentee/mail ballot by fax.
• Nine states allow voters with disabilities to return a voted absentee/mail ballot by email.
• Four states allow voters with disabilities to return a voted absentee/mail ballot through an online portal.
• 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).

Table: Electronic Return of Voted Absentee Ballots

*Faxes can be sent by phone or via the internet.

**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.

Security and Other Considerations for Adopting Electronic Ballot Return

Electronic ballot return allows eligible voters to cast their ballots quickly and easily, and to meet absentee/mail ballot deadlines more conveniently. The benefits of timeliness and convenience, however, must be balanced by other considerations—especially security and privacy.

• Privacy: Because election officials can identify the person who returned a ballot electronically, such ballots cannot be fully anonymous. Privacy of the ballot is a value for voters and for democracy.
• Cybersecurity: Cybersecurity experts have raised concerns that transmitting voted ballots over the internet is vulnerable to cyberattacks, such as hacking that could change a person’s votes or denial of service attacks that could prevent voted ballots from getting through. The security of the voter's computer is also a concern.
• Voter coercion: The possibility that a voter could be coerced into voting a certain way is a consideration for electronic ballot return, as well as for traditional absentee/mail voting.
• Auditability: Electronic ballot return does not provide a paper record. Without a paper record, a cyberattack may be undetectable.
• Authentication: Election officials must determine how to verify the identity of the voter. Alaska, for example, requires that an electronically returned ballot be accompanied by two authentication documents that must be printed and signed by the voter and a witness.
• Inconvenience for the local election official: For the electronically returned ballot to be tabulated, each one must be duplicated—typically by a bipartisan team—which creates an additional work burden on the local election office.

Additional Resources 

• Internet Voting: Creeping Our Way?, NCSL’s The Canvass (July 2015)
• Electronic Ballot Delivery and Marking, the U.S. Election Assistance Commission
• Federal Voting Assistance Program, U.S. Department of Defense
• Overseas Voting Initiative, The Council of State Governments
• Access to and Usage of Faxing by Military & Overseas Voters, Overseas Voting Initiative, The Council of State Governments (July 2022)
• Examining the Sustainability of Balloting Solutions for Military & Overseas Voting, Overseas Voting Initiative, The Council of State Governments (2019)
• Balancing Security, Access, and Privacy in Electronic Ballot Transmission, Bipartisan Policy Center (March 2022)
• Internet Voting News, Verified Voting
• Security Considerations for Remote Electronic UOCAVA Voting, National Institute of Standards and Technology (February 2011)