Can the dead vote? Non-political

[Dave Anderson NH]

Since retirement there have instances where my sometimes unoccupied mind conjures up weird scenarios One came up today. Our Town Moderator in conjunction with the Board of Selectmen and the Town Clerk have postponed tomorrow's town elections because we are expected to get 8-12" of heavy wet snow tomorrow and parking is limited at the town hall. Absentee ballots are available for the asking and of course would be opened after the polls close on the new date of March 28th.

Here is the question: If someone votes absentee and dies before the actual election (March 28th) is it a legitimate vote and can it be counted? Is it therefore possible that the dead can have legitimately voted?

Like I said, an unoccupied mind is a dangerous thing.

[Dave Fritz]

Interesting question. Wisconsin Statues

6.21  Deceased electors.When by due proof it appears to the inspectors or, in municipalities where absentee ballots are canvassed under s. 7.52, when by due proof it appears to the board of absentee ballot canvassers that a person casting an absentee ballot at an election has died before the date of the election, the inspectors or board of absentee ballot canvassers shall return the ballot with defective ballots to the issuing official. The casting of the ballot of a deceased elector does not invalidate the election.

So as I read it, in Wisconsin the ballot would not count.

[Dave Anderson NH]

Interesting Dave.

Now to complicate if further. If the voter filed the absentee ballot for tomorrow's election which is then postponed and they die after the date of the original scheduled date of the rescheduled election is it valid then?

[Bruce Wrenn]

I would think that anyone voting by the original scheduled date of the election would have their vote counted.

[Doug Garson]

I would think that anyone voting by the original scheduled date of the election would have their vote counted.

So you think logic would prevail?

[Dave Anderson NH]

Actually Tom it is small, town only. The town is 5200 but typically at town elections only 400-600 actually bother to vote. In this case there are 2 seats on the 5 person Board of Selectmen up for grabs. Both incumbents are running for re-election and for the first time ever we have 7 other candidates. Yes, 9 running for 2 seats makes every vote count because of the low turnout. I fully expect there to be some calls for a recount.

In any event, my case was just hypothetical musing.

[Jim Koepke]

It would likely depend on state or local laws.

There have been elections in some states where a person has mailed in a ballot then died. Since it was legally submitted before election day their vote counted. This is because there wasn't any law in place to disqualify it from being counted.

jtk

[Mel Fulks]

Yes, the dead can vote. Ghoul-gle it.

[Brian Elfert]

State laws will vary, but if there is a recount can't the validity of votes by people who died before the election be challenged? Minnesota had a US Senate election go to a recount and it took months before the winner was finally determined. There were many challenges of votes for a variety of reasons.

[Mike Henderson]

State laws will vary, but if there is a recount can't the validity of votes by people who died before the election be challenged? Minnesota had a US Senate election go to a recount and it took months before the winner was finally determined. There were many challenges of votes for a variety of reasons.

Voting is secret. Once the ballot is removed from the envelope, there's no way to know which way that person voted. If you had a recount, you could not back out that vote.

When votes are challenged in a recount, it's usually because of the way the ballot was marked. But there's no way to tie a ballot back to a person.

Mike

[Ron Citerone]

In PA, I learned the way a deed to real estate is titled may make ownership transfer simple. However, there are tax implications that affect capital gains vs inheritance tax. In my instance it was a combination of the two. I recommend talking to an attorney and make sure you understand how the property will transfer as well as the tax implications. Finding out at settlement on a future sale should not have any surprises if you are informed. Also there are lookback rules that pertain to nursing homes and medicaid.

[Brian Elfert]

Voting is secret. Once the ballot is removed from the envelope, there's no way to know which way that person voted. If you had a recount, you could not back out that vote.

When votes are challenged in a recount, it's usually because of the way the ballot was marked. But there's no way to tie a ballot back to a person.

Right, I forgot that ballots have no way to trace them back to the voter once they are cast. The case here in Minnesota hinged on stray marks and such. The whole thing was silly with people on both sides trying to interpret the intent of the voter. Each party would challenge ballots that benefited the opposition, but of course they didn't challenge if it benefited their candidate. It was months and millions of tax dollars before a winner was declared.

[Perry Hilbert Jr]

read it again, it does not count, only if due proof of death is presented, otherwise it counts and is not a reason to invalidate an election.

[Tom M King]

Must be a Really small election for it to matter

[Myk Rian]

So you think logic would prevail?

Hah. Good one.