Absentee Early Voting
A Legislative Brief for the Center for State Innovation
Voter turnout has declined during the past 40 years.
Although 58 percent of the voting age population turned out to vote in the 2004 presidential election—the highest percentage since 1992—turnout levels are significantly lower than they were in the 1960s. Nearly 70 percent of Americans regularly voted in presidential elections in that decade.[1]
Turnout is worse in off-year elections: only 42 percent of the voting age population participated in the 2002 general election; about 55 percent turned out for off-year elections until 1970.[2] Voter turnout is even lower in primary, local and special elections.
Millions of Americans don’t vote because they cannot appear in-person at their polling places on Election Day.
In urban areas, tight schedules and long commutes make it very difficult for some workers and students to come to the polls. And in rural areas, citizens may live far from their polling places. In fact, of registered voters who failed to show up at the polls for the 2004 presidential election, 46 percent—representing about 7.5 million Americans—told the U.S. Census Bureau that they did not vote for logistical reasons. They could not take time off from work or school, were out of town or ill, lacked transportation, or otherwise had a “conflicting schedule.”[3]
Two simple policies—no-excuse absentee voting and early voting—make it easier for citizens to vote. No-excuse absentee voting allows any duly registered citizen to cast an absentee ballot without requiring explanation of his or her desire to vote absentee. Early voting allows any duly registered citizen to cast a ballot at local election supervisors’ offices and designated satellite voting locations within a specified number of days prior to the election. Both policies remove obstacles to voting in ways that preserve the integrity of elections.
Absentee and early voting systems benefit both voters who use them and voters who don’t.
Absentee and early voting systems enable more citizens to participate in elections because they eliminate logistical problems. At the same time, by diverting thousands of voters from lines at the polls, absentee and early voting systems speed up the voting process for those who cast ballots on Election Day.
Absentee and early voting systems benefit officials on Election Day.
By reducing the number of voters at the polls on Election Day, absentee and early voting systems relieve the strain on election officials. The administrative work of accepting ballots is spread out over a period of days. And because both absentee and early voting systems use processes already familiar to election officials, they are easy to administer.
Absentee and early voting are popular with voters and proven to be effective.
Twenty percent of general election voters in 2004 reported that they cast their ballots before Election Day, up from 14 percent in 2000.[4] Election officials have not reported difficulties from this surge in pre-election balloting.
States are moving toward absentee and early voting.
Twenty-nine states permit no-excuse absentee voting. Oregon conducts all elections solely by mail ballot—in essence, everyone casts an absentee ballot. Thirty-five states allow early voting, most often for a period of ten to 14 days before the election.[5]
Model Legislation
No-Excuse Absentee and Early Voting Act
Summary: The No-Excuse Absentee and Early Voting Act allows voters to cast their ballots by mail or in person prior to Election Day.
SECTION 1. SHORT TITLE
This Act shall be called the “No-Excuse Absentee and Early Voting Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—
The legislature finds that:
1. Thousands of citizens do not participate in elections because they cannot appear in-person on Election Day.
2. Broad participation in elections is essential to a healthy democracy.
3. To expand voter turnout, the state must make it easier for citizens to participate in elections.
(B) PURPOSE—
This law is enacted to encourage greater citizen participation in the democratic process.
SECTION 3. NO-EXCUSE ABSENTEE AND EARLY VOTING
Current section XXX shall be deleted and the following new section XXX shall be inserted:
(A) ABSENTEE VOTING
A citizen who is qualified and registered to vote, and who completes and signs an absentee voter ballot application, shall receive an absentee voter ballot without having to provide an explanation for the application.
(B) EARLY VOTING
1. A citizen who is qualified and registered to vote may cast his or her ballot before a general, primary or special election if the citizen appears at the office of the [local election supervisor] or other location designated by the [local election supervisor] during designated hours from 15 days before Election Day until the day before Election Day.
2. The [local election supervisor] shall designate early voting hours that include, at a minimum, at least eight hours on every day that is not Sunday or a legal holiday.
(C) ENFORCEMENT
1. The [Secretary of State] shall promulgate regulations to enforce this section.
2. An aggrieved citizen may file an action with a court of competent jurisdiction in order to enforce his or her rights under this section.
SECTION 4. EFFECTIVE DATE.
This Act shall take effect on July 1, 2009.
[1] U.S. Census Bureau, “Reported Voting and Registration by Race, Hispanic Origin, Sex and Age Groups: November 1964 to 2004,” May 26, 2005.
[3] U.S. Census Bureau, “Voting and Registration in the Election of November 2004,” 2005. See also David Binder Research commissioned by the California Voter Foundation, “Summary Report of Public Opinion Survey,” October 13, 2004.
[4] Annenberg Public Policy Center, “Early Voting Reaches Record Levels in 2004, National Annenberg Election Survey shows,” March 24, 2005.
[5] Election Reform Information Project, “Early and Absentee Voting Laws,” 2006.