If someone votes by mail, then dies before Election Day, does their ballot still count?

More than 32 million Americans have already voted early this year, according to the University of Florida Election Lab.

This comes amid intense scrutiny over voter fraud nationwide.

But what happens if an eligible voter who votes by mail, then dies before Election Day? Does their vote legally still count?

“Just like with virtually everything else related to elections, it depends on what state you’re in,” said Wendy Underhill, National Conference of State Legislatures.

Wendy Underhill works at the National Conference of State Legislatures, which tracks various state policies nationwide.

She said what happens in this situation isn’t based on political lines. This is also very different from voter fraud when someone deliberately votes on behalf of a person who is already dead.

“It’s got to be the person has to be live on election day that has logic behind it, and the person voted legally that has logic behind it,” said Underhill.

According to data from the National Conference of State Legislatures, 10 states have laws that explicitly say they will count an absentee ballot if that voter dies before Election Day. Connecticut law only counts these ballots if the deceased voter is a member of the armed services.

Another 15 states have laws that prohibit counting those ballots altogether with some exceptions in a few states.

Then more than two dozen states haven’t taken an explicit stance either way.

But regardless of state law, Underhill said it may be difficult to pull back a specific ballot after a voter dies.

“If the envelope has been opened and the ballot has been removed from that envelope, at that point, the ballot is separated from that voter,” said Underhill. “And there’s not a chance in the world that you can pull it back out. It’s a secret ballot, right?”

While it doesn’t happen often, Underhill said it has happened in the past. She said it’s likely more common in smaller jurisdictions.

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