Can the dead vote? Non-political

[Mike Henderson]

In most places you need to be alive on election day for your vote to count. The case of a postponed election is interesting, it may or may not be covered by the relevant laws. I've never heard of an election being postponed for weather, though some probably should have been.

There was a lot of interest in dead voters a few years ago, quite a few cases were examined in detail. The good news was that in each case it seems the local election officials had correctly counted or not counted the ballots in question. Those folks take their work very seriously and do an excellent, under-appreciated job.

I agree with Roger. If you're not alive on the day the election is held, your vote does not count. If the election is rescheduled and you die before the day of the rescheduled election, your vote does not count.

Of course, that's only my opinion.

Mike

[Jim Koepke]

Wouldn't an absentee be the same? If the absentee requires an identifying sheet or something then you certainly wouldn't be able to vote anonymously. I've never cast an absentee because I took advantage of the early voting option.

There are multiple envelopes on mailed ballots. Some only have a sleeve around the ballot inside an envelope with the voter's information visible on the outside of the mailing envelope. Some use a third envelope around the envelope with the voter's information on a second concelled envelope.

In many instances once the voter's identity and validity is determined the envelopes are separated from the sleeve containing the ballot and the concelled ballot is processed according to procedures. Once the identifying envelope is separated from the ballot there is no way to track it back to the voter.

jtk

[Jim Koepke]

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?

New Hampshire, New Jersey, Pennsylvania, South Dakota and Wisconsin— have statutes that explicitly prohibit counting absentee ballots cast by voters who die before Election Day.

Dave, it appears you live in a state that has a statute that prohibits counting of absentee ballots cast by voters who die before Election Day.

Now it might rest on a decision being made over if ballots returned before the first Election Day with the voter dying before the rescheduled Election Day will be counted.

jtk

[Dave Fritz]

Thank you Jim. It is indeed a state matter.

For a valid legal opinion on this it might be advisable to look at what has already been published.

From the National Conference of State Legislators:


It appears to be a matter of a few technical issues including state law, if the ballot was removed from the identifying envelope and if those processing the ballots were notified of a voter's death.

jtk

[Stan Calow]

But they have to know the voter is deceased, before the ballot could be rejected. There is no system in place requiring any person or office to automatically notify election boards of every death as soon as it occurs. Once the envelopes of an absentee ballot are open, the ballots are removed and handled separately and no way to tie any specific ballot to the person to whom it was issued. So any challenge has only up to election day to happen. After that, it doesnt matter.

[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.

[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.

[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

[Perry Hilbert Jr]

As close to authority, for the country in general as it gets: ​https://www.ncsl.org/elections-and-c...r-a-voter-dies

[Edwin Santos]

Voting AFTER dying warrants a stiff penalty

[Jim Becker]

My understanding is that while the vote was lawful at the time it was cast, if the voter passes away before the close of election day polls, their ballot is no longer valid and isn't supposed to be counted.

[Ron Citerone]

Voting AFTER dying warrants a stiff penalty

OMG! Your killin me Edwin!

[roger wiegand]

But they have to know the voter is deceased, before the ballot could be rejected. There is no system in place requiring any person or office to automatically notify election boards of every death as soon as it occurs. Once the envelopes of an absentee ballot are open, the ballots are removed and handled separately and no way to tie any specific ballot to the person to whom it was issued. So any challenge has only up to election day to happen. After that, it doesnt matter.

Ballots are numbered to provide exactly this traceability.

[Doug Garson]

My understanding is that while the vote was lawful at the time it was cast, if the voter passes away before the close of election day polls, their ballot is no longer valid and isn't supposed to be counted.

So if you voted in person on election day and got hit by a bus on your way home before the polls closed your vote wouldn't count but if the time of death was one minute after the polls closed it would?