What is ballot gathering? And what are the laws around this controversial practice?

Associated Press

Ballot gathering or ballot collecting is a practice in where a voter completes an absentee ballot, places it in a sealed, signed envelope and entrusts it to another person who then drops it off at a mail center or a designated ballot drop-off location. This practice is also sometimes known as “ballot harvesting,” but experts say that is a loaded term and prefer “ballot gathering” or “ballot collecting” instead.

Is ballot gathering legal?

According to the National Conference of State Legislatures, ballot gathering is legal in some form in 35 states where a person other than the voter is allowed to return a completed ballot on the voter’s behalf. However, the laws relating to ballot gathering vary significantly from state to state. Most states that allow ballot gathering place limits who can do that to individuals such as a family member, household member or caregiver.

Seventeen states allow a voter to designate someone other than family members or caregivers while 11 states limit how many ballots such an authorized person can return. In Colorado, for example, a designee can return only up to 10 ballots. In states such as California, there is no limit on how many ballots an authorized person can return. California places a condition that a person collecting ballots cannot be compensated. Other states such as Rhode Island or Wyoming do not specify who may or may not return the ballot on a voter’s behalf. These variations leave a lot of room for interpretation.

Alabama is the only state where only the voter is permitted to return the ballot unless there is an emergency situation. According to the Voting Rights Lab, which also tracks ballot gathering laws, the Americans with Disabilities Act requires all states to allow voters with disabilities who need assistance to receive it. They say that includes assistance applying for, completing, and returning absentee ballots.

Why is ballot gathering controversial?

Those who want to relax the rules on who may return absentee ballots argue that such restrictions don’t prevent fraud, but end up disenfranchising certain groups of voters, particularly communities of color. Those who want such limitations argue that without them, there is opportunity for fraud. Some conservatives who pushed for these restrictions in previous election cycles have changed their stance, saying they need to gather ballots now because it is legal, and not doing so might put them at a disadvantage.

Is there a potential for fraud?

Experts say there is “very low risk” for fraud with ballot collecting by third parties. In a 2018 congressional election in North Carolina, a political operative for the Republican candidate faced allegations of running an illegal “ballot harvesting” operation in Bladen County, with the operative and his helpers illegally collecting absentee ballots before turning them in. The results of that election were thrown out and a new election was held. In 2020, then California Attorney General Hector Becerra ordered Republicans to remove unofficial ballot drop boxes from churches, gun shops and other locations, warning that those behind such “vote tampering” could face prosecution.

What is allowed and not allowed in ballot gathering efforts?

In California, those gathering ballots are allowed to collect them and either mail them or turn them in to the county registrar of voters office in person – within three days of receiving the ballots or before polls close on Election Day. Those authorized to collect ballots are not allowed to place ballot boxes in any location and they may not receive compensation based on the number of ballots returned. In all states, those collecting ballots are prohibited from tampering with ballots, electioneering or coercing someone to vote a certain way or change their vote.

Are churches allowed to gather ballots?

Churches in states like California can collect ballots, issue voter guides and even hold candidate debates, provided they don’t endorse a particular candidate, post all candidates’ positions and invite all candidates to the forum. A 1954 law called the Johnson Amendment, named for its principal sponsor, then Sen. Lyndon Johnson, states that tax-exempt nonprofit organizations including churches are “are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.” Doing so could jeopardize a church’s tax exemption status. However, this law does not prevent nonpartisan voter-education activities, voter registration drives and publishing “issue guides” for voters or even arranging transportation for voters to get to polling places — activities that Black churches with members who tend to vote Democrat have engaged in for decades. Pastors are also free to preach on social and political issues that are issues of concerns from a faith perspective.

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