VOPP: Table 11: Receipt and Postmark Deadlines for Absentee Ballots

9/29/2020

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Our organization does not run elections and cannot provide legal advice. If you are a voter looking for assistance, please contact your local election official. You can find your local election official's website and contact information by using this database from the US Vote Foundation.

This table is part of NCSL’s Voting Outside the Polling Place report.

The most common state deadline for election officials to receive absentee or mail ballots is on Election Day when the polls close. Some states, however, accept and count a mailed ballot if it is received after Election Day but postmarked prior to the election.

What constitutes a postmark is changing. Because less mail gets truly postmarked, many states are accepting an Intelligent Mail barcode (IMb) as evidence.

Note: This table does not include the receipt and postmark deadlines for voters subject to the Uniform and Overseas Citizens Absentee Voting Act, which may differ from the deadlines for domestic absentee voters. 

State and Citation Deadline by Which Election Officials Must Receive Absentee/Mailed Ballots Does the State Accept Postmarked Ballots that Arrive After Election Day?

Alabama

Ala. Code § 17-11-18		 Election Day (by noon) and postmarked by the day before the election. No

Alaska

AS § 15.20.081(e) and (h)		 Election Day or 10 days after the election if postmarked on or before Election Day. Yes

Arizona

A.R.S. 16-547		 Election Day (by 7 p.m.) No

Arkansas

A.C.A. § 7-5-411		 Election Day (by 7:30 p.m.) for mailed ballots or close of business the day before the election for hand-delivered ballots. No

California

West's Ann. Cal. Elect. Code § 3020		 Election Day (before polls close) or three days after the election if postmarked on or before Election Day. Yes

Colorado

C.R.S. § 1-7.5-107		 Election Day (by 7 p.m.) No

Connecticut

Conn. Gen. Stat. 45-9-140b		 Election Day (before polls close) No

Delaware

Del. Code Ann. § 15-55-5508		 Election Day (before polls close) No

District of Columbia

DC ST § 1-1001.05(a)(10A)		 Seven days after the election if postmarked on or before Election Day. Yes

Florida

West's F.S.A. §101.67		 Election Day (by 7 p.m.) No

Georgia

GA Code Ann. 183-1-14

Election Day (before polls close)

 No

Hawaii

Act 136, SLH 2019		 Election Day (before polls close) No

Idaho

Idaho Code 10-34-1005		 Election Day (by 8 p.m.) No

Illinois

10 ILCS 5/19-8, 10 ILCS 5/18A-15		 Fourteen days after the election if postmarked on or before Election Day. Yes

Indiana

IC 3-12-1-17		 Election Day No

Iowa

Iowa Code § 53.17(2)		 Election Day (before polls close) or noon the Monday following the election if postmarked by the day before the election. Yes (must be postmarked the day before the election)

Kansas

K.S.A. 25-1132		 Three days after the election if postmarked before the close of polls on Election Day. Yes

Kentucky

Ky. Rev. Stat. 117.086		 Election Day (before polls close) No

Louisiana

LSA-R.S. 18:1311		 The day before the election. No

Maine

Me. Rev. Stat. Ann. 21-A § 755		 Election Day (before polls close) No

Maryland

MD Code, Election Law, § 9-505		 Postmarked on or before Election Day. Yes

Massachusetts

Mass. Gen. Laws Ann. Section 95		 Election Day (before polls close) No

Michigan

Mich. Comp. Laws 168.764a		 Election Day (before polls close) No

Minnesota

Minn. Stat. 203B.08		 Election Day (before polls close) for mailed/absentee ballots or 3 p.m. on Election Day for hand-delivered ballots. No

Mississippi

Miss. Code Ann. § 23-15-637		 Five business days after Election Day if postmarked on or before Election Day. Yes

Missouri

Mo. Rev. Stat. 115.293		 Election Day (before polls close) No

Montana

Mont. Code Ann. 13-13-232

 Election Day (before polls close) No

Nebraska

Nebraska Revised Statute 32-950		 Election Day (before polls close) No

Nevada

NV Rev Stat § 293.317		 By 5 p.m. on the seventh day after Election Day if postmarked by Election Day. Ballots with unclear postmarks must be received by 5 p.m. on the third day after Election Day. Yes

New Hampshire

NH Rev Stat § 657:22

Election Day (by 5 p.m.)

 No

New Jersey

N.J.S.A. 19:63-22		 Forty-eight hours after polls close if postmarked on or before Election Day. Yes

New Mexico

N.M. Stat. Ann. 1-6-10(B)

Election Day (by 7 p.m.)

 No

New York

McKinney's Election Law § 8-412		 Election Day (before polls close) for hand-delivered ballots or seven days after the election for mailed ballots postmarked on Election Day. Yes 

North Carolina

N.C. Gen. Stat. § 163A-1310		 Three days after the election if postmarked on or before Election Day. Yes

North Dakota

NDCC 16.1-07-09		 The day before the election. Before the canvass if postmarked the day before the election. Yes (must be postmarked the day before the election)

Ohio

R.C. § 3509.05		 Ten days after the election if postmarked by the day before Election Day. Yes (must be postmarked the day before the election)

Oklahoma

26 OK Stat § 26-14-104

Election Day (by 7 p.m.)

 No

Oregon

Or. Rev. Stat. §253.070

Election Day (by 8 p.m.)

 No

Pennsylvania

25 P.S. § 3146.8		 Election Day (by 8 p.m.) No

Rhode Island

RI Gen L § 17-20-8

Election Day (by 8 p.m.)

 No

South Carolina

SC Code § 7-15-420

Election Day (before polls close)

 No

South Dakota

S.D. Codified Laws Ann. 12-19-12

Election Day (before polls close)

 No

Tennessee

Tenn. Code Ann. 2-6-304

Election Day (before polls close)

 No

Texas

Texas Election Code § 86.007		 The day after the election by 5 p.m. if postmarked on or before Election Day. Yes

Utah

Utah Code Ann. § 20A-3a-204		 Seven to 14 days after the election (by the county canvass date) if postmarked the day before the election. Yes (must be postmarked the day before the election)

Vermont

Vermont Statutes Title 17. Elections, § 2543

Absentee votes must be returned to the town clerk's office before the close of business on the day before the election, or to the polling place by 7pm on Election Day.

 No

Virginia

Va. Code 24.2-709		 Three days after the election (by noon) if postmarked on or before Election Day. Yes

Washington

West's RCWA 29A.40.091		 Postmarked on or before Election Day. Yes

West Virginia

W. Va. Code, § 3-3-5, § 3-5-17		 Five days after the election if postmarked on or before Election Day. Yes

Wisconsin

Wis. Stat. 6.87(6)

Election Day (by 8 p.m.)

 No

Wyoming

Wyo. Stat. 22-9-119

Election Day (before polls close)

 No