Ballot collecting

As of July 2020, 26 states allow specified agents to collect and submit ballots for another voter. Usually such agents are family members or persons in the same household. 13 states neither enable nor prohibit ballot collection as a matter of law. Among those that allow it, 12 have limits on how many ballots an agent may collect.{{cite web |title=Ballot Harvesting (Collection) |url=https://ballotpedia.org/Ballot_harvesting_(ballot_collection)_laws_by_state |website=Ballotpedia.org |access-date=29 November 2020}}

Many Republicans, notably 2020 presidential candidate Donald Trump, long criticized "ballot harvesting" and the early voting it enables as rife with fraud and cheating, encouraging their voters to vote only at polling places on election day. After disappointing Republican results in the 2020 and 2022 elections, some Trump-aligned organizations such as Turning Point USA recognized they needed to adopt similar ballot collection methods, which they named "ballot chasing." Turning Point said it would raise money to create "the largest and most impactful ballot chasing operation the movement has ever seen." Kari Lake, who refused to concede her loss in the 2022 Arizona gubernatorial race, said she would launch "the largest ballot chasing operation in our nation's history."{{cite news |title=Republicans plan efforts to tout early voting tactics they once vilified |url=https://www.washingtonpost.com/politics/2023/07/12/republicans-early-voting-mail/ |newspaper=The Washington Post |date=July 12, 2023|author1=Josh Dawsey|author2=Isaac Arnsdorf}}

Arizona banned the practice in 2016 except for family members and caregivers. The United States Court of Appeals for the Ninth Circuit stayed the ban in 2016, with Chief Judge Sidney R. Thomas describing the practice as "one of the most popular and effective methods by which minority voters cast their ballots". The United States Supreme Court then stayed the Ninth Circuit ruling that overturned the ban,{{cite news |url=https://www.nytimes.com/2016/11/06/us/politics/arizona-supreme-court-absentee-ballots.html |title=Arizona Can Ban 'Ballot Harvesting,' Supreme Court Says |work=The New York Times |date=6 November 2016 |last=Liptak |first=Adam |archive-url=https://web.archive.org/web/20190602124715/https://www.nytimes.com/2016/11/06/us/politics/arizona-supreme-court-absentee-ballots.html |archive-date=2 June 2019 |language=en}} and a U.S. District Court judge upheld the ban in 2018.{{cite news |url=https://www.azcentral.com/story/news/politics/elections/2018/05/10/judge-upholds-arizonas-ballot-harvesting-ban-democrats-vow-appeal/596855002/ |date=10 May 2018 |first=Dustin |last=Gardiner |website=The Arizona Republic |title=Ban on 'ballot harvesting' in Arizona upheld by judge; Democrats vow to appeal |language=en}} In 2020, the Ninth Circuit found that the law violated the Voting Rights Act.{{cite news |url=https://www.azcentral.com/story/news/politics/elections/2020/01/27/arizona-ballot-harvesting-law-discriminates-minority-voters-ninth-circuit/4589610002/ |date=27 January 2020 |first=Andrew |last=Oxford |work=The Arizona Republic |title=Federal court says Arizona 'ballot harvesting' law discriminates against minority voters |language=en}} The subsequent challenge to Arizona's law was the centerpiece of the 2021 Supreme Court case Brnovich v. Democratic National Committee, which questions if the law violates Section 2 of the Voting Rights Act of 1965. The Supreme Court ruled in a 6–3 decision in July 2021 that neither of Arizona's election policies violated the VRA nor had a racially discriminatory purpose.{{Cite web |date=2021-03-02 |title=Brnovich v. Democratic National Committee {{!}} Oyez |url=https://www.oyez.org/cases/2020/19-1257 |access-date=2024-07-03 |website=Oyez |language=en}}

California changed its rules before the 2018 midterm elections to allow people other than family members to collect and submit ballots. Last-minute submissions of votes in the election delayed results and some pundits and Republican politicians suggested that it influenced the outcome of several elections.{{cite web |url=https://www.apnews.com/3cfd93f7859149809949bd611287154e |title=Democratic sweep in California raises GOP suspicion |date=30 November 2018 |first1=Michael R. |last1=Blood |first2=Stephen |last2=Ohlemacher |work=Associated Press News |language=en}}{{cite web |url=https://www.foxnews.com/politics/ballot-harvesting-bounty-how-dems-used-election-law-change-to-rout-california-republicans |title=Ballot harvesting bounty: How Dems apparently used election law change to rout California Republicans |first=Andrew |last=O'Reilly |date=3 December 2018 |publisher=Fox News |archive-url=https://web.archive.org/web/20191130105602/https://www.foxnews.com/politics/ballot-harvesting-bounty-how-dems-used-election-law-change-to-rout-california-republicans |archive-date=30 November 2019 |language=en}}

While the Los Angeles Times editorial board rejected claims that any elections were affected by the new ballot harvesting law in the 2018 midterms, it did call for the law to be fixed or repealed, saying the law "does open the door to coercion and fraud."{{cite web |url=https://www.latimes.com/opinion/editorials/la-ed-ballot-harvesting-20181207-story.html |title=No, Republicans did lose in California because of ballot harvesting. And the practice is concerning |date=7 December 2018 |work=Los Angeles Times |archive-url=https://web.archive.org/web/20191104224933/https://www.latimes.com/opinion/editorials/la-ed-ballot-harvesting-20181207-story.html |archive-date=4 November 2019 |language=en}} Republicans, in turn, are seeking to improve their own use of the practice, according to The Washington Post.{{cite news |title='We got our clocks cleaned': GOP quietly works to expand ballot harvesting in California while criticizing Democrats for the practice|first=Amy |last=Gardner |date=14 March 2019 |access-date=6 February 2020 |newspaper=The Washington Post |url=https://www.washingtonpost.com/politics/we-got-our-clocks-cleaned-gop-quietly-works-to-expand-ballot-harvesting-in-california-while-criticizing-democrats-for-the-practice/2019/03/13/a432d902-41b7-11e9-922c-64d6b7840b82_story.html |language=en}}

As of July 2020, Colorado imposes a limit of ten ballots on any collector who is not a properly designated official.{{cite web |url=https://www.democracydocket.com/wp-content/uploads/sites/41/2020/07/Safeguarding-Our-Democracy-with-Vote-by-Mail_DemocracyDocket_UPDATED_JULY2020.pdf |title=Safeguarding Our Democracy with Vote by Mail: A Research Report on the Ability to Vote by Mail in the 2020 General Election |author= |date=July 2020 |website=Democracy Docket |access-date=4 September 2020 |quote=no person other than a duly authorized agent of the county clerk and recorder or designated election official may receive more than 10 mail ballots in any election for mailing or delivery. Colo. Rev. Stat § 1-7.5-107(4)(b)(I)(B).}}

In 2019 Georgia passed HB 316, which among other items prohibits any other person other than the elector, a relative (spouse, child, parent, grandparent, grandchild, brother, sister, aunt, uncle, niece, nephew, and in-laws) or an individual residing in the same household from returning the ballot. Exceptions are enumerated for disabled electors, those confined to the hospital, and those imprisoned or detained.{{cite web|url=http://www.legis.ga.gov/Legislation/20192020/184671.pdf|year=2020|access-date=16 April 2023|website=legis.ga.gov|title=Legislation}}{{Cite web|url=https://law.justia.com/codes/georgia/2014/title-21/chapter-2/article-10/section-21-2-385|title=2014 Georgia Code :: Title 21 – Elections: Chapter 2 – Elections and Primaries Generally: Article 10 – Absentee Voting: § 21-2-385 – Procedure for voting by absentee ballot; advance voting|website=Justia Law}} In 2021, the Election Integrity Act (Senate Bill 202) eased the requirements necessary for successful prosecution of ballot harvesters.{{Cite web|url=https://www.legis.ga.gov/api/legislation/document/20212022/201498|title=Georgia Senate Bill 202, The Election Integrity Act|website=legis.ga.gov}}

In 2018, Montana voters approved a limit of six ballots per ballot collector.{{Cite web|url=https://www.ncsl.org/blog/2019/03/06/ballot-collection-laws-all-across-the-board.aspx|title=Ballot Collection Laws: All Across the Board|last=Underhill|first=Wendy|date=6 March 2019|website=The NCSL Blog|publisher=National Conference of State Legislatures}} A state court struck down the law in 2020, saying it disproportionately burdened older, low-income, and Indigenous voters.{{cite web |url=https://apnews.com/article/montana-laws-voting-native-americans-voting-2020-bb6e0c259cf0fd4ff7cbac4d6e86793d |title=Montana law preventing absentee ballot gathering overturned |last=Hanson |first=Amy Beth |date=25 September 2020 |work=Associated Press News |access-date=15 June 2022}}

In 2021, the Montana legislature passed a law making it illegal for anyone who receives a monetary benefit to collect ballots.{{cite web |url=https://www.npr.org/2021/05/25/999904063/advocates-fear-montanas-new-ballot-law-could-harm-voters-who-struggle-to-be-hear |title=Advocates Fear Montana's New Ballot Law Could Harm Voters Who Struggle To Be Heard |last=Trevellyan |first=Kevin |date=25 May 2021 |publisher=NPR |access-date=15 June 2022}} Lawsuits challenging its constitutionality were filed shortly after it was signed into law, and a state court issued a temporary injunction blocking its implementation during the litigation.{{cite web |url=https://montanafreepress.org/2022/04/06/judge-block-montana-voting-laws/ |title=District court blocks new voting laws |last=Sakariassen |first=Alex |date=April 6, 2022 |publisher=Montana Free Press |access-date=15 June 2022}}

Ballot collecting is not legal in North Carolina for anyone other than a guardian or immediate family member to handle a voter's ballot. Election fraud allegations related to Republican ballot harvesting in North Carolina's 9th congressional district election in 2018 resulted in an investigation{{Cite news|last=Blinder|first=Alan|date=2019-07-30|title=Election Fraud in North Carolina Leads to New Charges for Republican Operative|language=en-US|work=The New York Times|url=https://www.nytimes.com/2019/07/30/us/mccrae-dowless-indictment.html|access-date=2020-10-03|issn=0362-4331}} by the North Carolina State Board of Elections and a subsequent special election.{{cite web |url=https://www.ncsbe.gov/Press-Releases?udt_2226_param_detail=229 |title=State Board unanimously orders new election in 9th Congressional District |author=North Carolina State Board of Elections |website=ncsbe.gov |date=25 February 2019 |access-date=9 January 2020 |archive-url=https://web.archive.org/web/20190811143151/https://www.ncsbe.gov/Press-Releases?udt_2226_param_detail=229 |archive-date=11 August 2019}} The 2019 North Carolina's 9th congressional district special election was held as a result.[https://www.charlotteobserver.com/news/politics-government/article226864674.html Bladen County operative at center of NC election fraud investigation indicted, arrested], The Charlotte Observer, Ely Portillo and Jim Morrill, 27 February 2019. Retrieved 7 April 2019.

Texas strictly limits collecting ballots, including by restricting eligibility for assistance and limiting assistance only to a voter who requests it and selects the person who will provide it.{{Cite web |title=Election Code Chapter 64. Voting Procedures |url=https://statutes.capitol.texas.gov/Docs/EL/htm/EL.64.htm |access-date=2022-06-22 |website=statutes.capitol.texas.gov}} In 2013, a state bill was passed, making it a misdemeanor to give or receive compensation for collecting mail-in ballots in any election.{{cite news |title=New Voting Law Aims to Curb Ballot Harvesting |url=https://www.texastribune.org/2013/08/22/31-days-31-ways-laws-mail-ballots-takes-effect/ |website=texastribune.org |last1=Aguilar |first1=Julián |last2=Wiseman |first2=Todd |date=22 August 2013 |access-date=9 January 2020 |archive-url=https://web.archive.org/web/20170525021722/https://www.texastribune.org/2013/08/22/31-days-31-ways-laws-mail-ballots-takes-effect/ |archive-date=25 May 2017}}

On 13 January 2021, the state of Texas arrested political consultant Rachel Rodriguez for election fraud, illegal voting, unlawfully assisting people voting by mail, and unlawfully possessing an official ballot.{{Cite web |title=Woman Arrested For Alleged Election Fraud, Illegal Voting in Texas |url=https://www.cbsnews.com/dfw/news/rachel-rodriguez-arrested-alleged-election-fraud-illegal-voting-texas/ |access-date=2022-06-21 |publisher=CBS News |date=13 January 2021 |language=en-US}} Rodriguez had been recorded by hidden camera media group Project Veritas discussing unlawful voter tactics and stating, "I could go to prison for what I just did."{{Cite web |date=2022-07-18 |title=San Antonio woman in Project Veritas video arrested |url=https://www.expressnews.com/news/local/article/project-veritas-election-fraud-gave-15994192.php |access-date=2022-07-18 |archive-url=https://web.archive.org/web/20220718144529/https://www.expressnews.com/news/local/article/project-veritas-election-fraud-gave-15994192.php |archive-date=18 July 2022 }}

In July 2022, Texas prosecuted a volunteer deputy registrar for voter fraud in connection with ballot harvesting.{{Cite web |last=Cotton |first=Kyle R. |date=20 June 2022 |title=Port Lavaca woman pleas guilty to 2018 voter fraud charges |url=https://www.victoriaadvocate.com/premium/port-lavaca-woman-pleas-guilty-to-2018-voter-fraud-charges/article_c33790fa-eea1-11ec-9ded-a74ac3cb2524.html |access-date=2022-07-18 |website=The Victoria Advocate |language=en}} The registrar came under scrutiny after it was discovered that about 275 people in a rural town of 2,500 registered to vote using the same mailing address for a 2018 utility board election.{{Cite web |last=Cotton |first=Kyle |date=20 June 2022 |title=Port Lavaca woman pleas guilty to 2018 voter fraud charges |url=https://www.victoriaadvocate.com/premium/port-lavaca-woman-pleas-guilty-to-2018-voter-fraud-charges/article_c33790fa-eea1-11ec-9ded-a74ac3cb2524.html |access-date=2022-07-18 |website=The Victoria Advocate |language=en}} She pled guilty to 26 felony counts of voter fraud and was sentenced to probation.{{Cite web |title=AG Paxton Successfully Prosecutes Woman Who Pleads Guilty to 26 Felony Counts of Voter Fraud |url=https://www.texasattorneygeneral.gov/news/releases/ag-paxton-successfully-prosecutes-woman-who-pleads-guilty-26-felony-counts-voter-fraud |access-date=2022-07-14 |website=Texas Attorney General |language=en}}

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Category:Voting in the United States