In California, what happens if someone dies after they mail in their ballot?
LOS ANGELES - While Election Day isn't until Nov. 5, millions of Californians are already casting their votes thanks to mail-in ballots. Voting by mail in California started on Oct. 7, 29 days before the election. That's when county elections officials can start opening and processing vote-by-mail ballots, according to the California Secretary of State.
But a lot can change in 29 days. What happens if someone mails in their ballot, then dies? State law has regulations for just such a situation.
The rules for what makes a mail-in ballot valid or invalid are all laid out in the state Code of Regulations for the Secretary of State. Article 9 of that document lays out the process specifically for vote-by-mail and provisional ballots. Many of these rules are explained on the ballot you receive in the mail — make sure the ballot is in the return envelope, make sure that it's signed and make sure it's postmarked before Election Day.
But, there are many other rules, including what happens if a voter dies after casting their vote.
The exact text reads as follows:
"A voter's ballot shall be considered a valid ballot, if the… Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died after the date the vote-by-mail ballot was cast Absent convincing evidence otherwise, it shall be presumed that a ballot was validly cast before the voter died."
Essentially, if you die after you mail in your ballot, unless it can be definitively proven otherwise, that ballot is considered valid. Though you still have to meet all the other requirements (verified signature, proper postmark, etc.).
California General Election: 2024 Voting Guide
On the flip side, if the state can prove that someone died before the date the ballot was cast, that ballot will not be counted. So if you fill out your mail-in ballot, then die, and a relative or friend sends that ballot in after you die, that ballot will not be counted.
There are several other little-known provisions for mail-in ballots, according to the Code of Regulations. For instance, a ballot could be counted if there are multiple ballots in the same envelope. As long as there are as many signatures as there are ballots in that envelope, and they can all be verified as connected to a registered voter, the ballots will be counted (California Code of Regulations, Title 2, Division 7, section 20991(b)(10)).
The full document can be read by tapping or clicking here.
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Mail-in ballots are incredibly important in California, and increasingly so. In each of the state's last three elections, more than 85% of all ballots cast were mail-in ballots, according to the Secretary of State. More than 15 million people cast their vote by mail in the 2020 presidential election in California.
All those votes clearly have a massive impact, which has led some to question the integrity of voting by mail. That's why, Los Angeles County Registrar-Recorder Dean Logan said, the county voting center in Industry is designed for anyone to be able to watch how ballots are counted.
"There are people here every day," Logan said, while giving a tour to FOX 11. "They can observe the process. We livestream our operations on our website."
More information on mail-in voting, including how to track your ballot once it's submitted and how to request a ballot, can be found on the Secretary of State's website.