What Is Ballot Harvesting?

An increasing number of states have made mail-in and absentee voting more accessible to citizens. This allows more people to vote by absentee ballot. Not every voter can easily deliver their absentee ballot to an official polling station or postal facility, so ballot collection is allowed by law in most states.

In all states that allow mail-in and absentee ballots, each ballot is marked with a unique barcode. The barcode allows voters to track their vote’s status and also prevents a voter from voting more than once in any election. If a voter wants to use a provisional ballot to correct a voting error on an absentee ballot, the barcode allows election officials to easily void the mailed ballot.

The use of barcodes prevents the type of individual voter fraud that the media and politicians fear could result from ballot harvesting. Despite claims, there’s no evidence of widespread voter fraud using ballot harvesting.

Who Can Return an Absentee Ballot?

Some voters can have someone else submit their absentee ballot for them, such as:

• A family member
• A legal guardian
• A caregiver

The rules depend on where you live. Some states, like Rhode Island and Wyoming, don’t have policies addressing absentee ballot returns. Most state laws include regulations on who can deliver an absentee ballot.

According to the National Conference of State Legislatures, 35 states explicitly allow someone to return an absentee ballot on another voter’s behalf. Those states include:

• Arizona
• Arkansas
• California
• Colorado
• Georgia
• Illinois
• Kansas
• Michigan
• New York

Some states specify that only a family member, caregiver, or “designated bearer” can turn in someone else’s absentee ballot. Ballot collection, also known as ballot harvesting, occurs in states that do not dictate who can deliver absentee ballots.

What Is Ballot Harvesting?

Various organizations have coordinated efforts to collect absentee voters’ ballots during elections. These are dropped off at polling places or election offices.

This practice, known as ballot collecting or ballot harvesting, has been effective at increasing voter participation. It has also generated controversy and concern about election fraud in the form of unsubstantiated fraud claims. The practice of ballot collection as a voter service that can help many groups, such as:

• Elderly voters
• People with disabilities
• Native American voters living on remote reservations

Beginning with the 2020 national elections, allegations of ballot harvesting were reported in the media, tied to election fraud.

Ballot harvesting, or ballot collection, is allowed by law in most states if the voter is unable to deliver a mail-in or absentee ballot to the polling station themselves. Whether ballot harvesting is legal depends on your state’s absentee voting laws and mail-in voting rules.

Absentee Voting

Nearly every U.S. citizen has the right to vote. Not everyone can get to a polling place during election time to vote in person. This can happen for various reasons, such as:

• Military service
• Injury or illness
• Vacation
• Business travel

All states have protocols for early voting and absentee voting in general and primary elections. There are different types of absentee ballots. Some have different rules than others. The two main types of absentee voting are “no-excuse” and “qualified.”

Most states in the U.S. do not require a voter to give a reason they can’t vote in person on Election Day. These “no-excuse” states will mail a paper ballot to voters upon request. Voters can then fill out the ballot and return it to the election office. Electors can also place the completed ballot in a ballot drop box.

Other states require voters to meet specific requirements before they are eligible to receive an absentee ballot. For example, Arkansas voters are only eligible for an absentee ballot if they are:

• “Unavoidably absent” from their polling site on the day of the election
• Experiencing an illness or physical disability
• Unable to attend due to a religious holiday or service during the entire 12 hours the polls are open
• Serving in the armed forces or being a dependent family member of someone who is serving
• Temporarily living outside of the U.S. during an election

Each state has different laws. You can find your state’s voting laws at FindLaw’s Voting Center.

Mail-in Voting

There are currently eight states in the U.S. and the District of Columbia that conduct state and federal voting entirely by mail-in ballot:

• California
• Colorado
• Hawaii
• Nevada
• Oregon
• Utah
• Vermont
• Washington

These states automatically mail election ballots to registered voters a few weeks before the election. Voters can then fill out their ballots and deposit them in a nearby ballot mailbox before the election. In some regions, people other than voters are legally allowed to submit voter ballots, which can facilitate ballot harvesting.

Is Ballot Harvesting Legal?

Jurisdictions that allow ballot collection differ in the methods they allow. For example, some states ban compensation based on the number of absentee ballots returned.

Alabama specifies that only the absentee voter may return their own mail ballot. Ballot harvesting can only happen in states that do not restrict who can turn in absentee ballots. In Pennsylvania and Wisconsin, voters must return their own ballot, except under certain exemptions.

Other states limit the number of ballots people can collect and deliver per election cycle. These states include:

• Arkansas (2)
• Colorado (10)
• Florida (2)
• Iowa (2)
• Minnesota (3)
• Montana (6)
• New Jersey (Up to five if they are immediate family members living in the same household; otherwise, no more than three)
• North Dakota (4)
• Vermont (25)
• West Virginia (2)

Some practices that are uniformly illegal across the nation include:

• Filling out a ballot for another voter
• Intimidating a voter into voting for or against a candidate
• Influencing a voter’s decision

In practice, ballot harvesting tends to increase the number of votes tallied within a given election without much controversy. Voting laws vary from state to state, and slight differences can dramatically affect an election. Let’s take a look at ballot harvesting laws in Louisiana, New Hampshire, and Texas.

Louisiana Laws on Ballot Harvesting

Louisiana has complex rules about anyone other than a family member who delivers a completed ballot. An elector may designate someone. Unless they are a family member, a commercial courier, or the Post Office, that person must sign a statement prepared by the Secretary of State certifying that they have the voter’s authorization and consent to hand-deliver the marked ballot.

New Hampshire Laws on Ballot Harvesting

Like Louisiana, New Hampshire permits non-family members to deposit ballots under certain circumstances. If the elector is a resident of a care facility, a staff member can deliver the ballot with a photo ID and a completed government form.

Texas Laws on Ballot Harvesting

Assistants other than family members must complete a certificate attached to the ballot envelope. Envelopes may not be collected and stored at one location before delivery to the early voting clerk. If they are collected and stored with the intent to defraud the voter or impact the outcome of the election, the board of elections can refer the person who did so to the state attorney general’s office for prosecution.

Ballot Harvesting and National Elections

In 2024, the Republican Party filed challenges to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and other laws that allow spouses and adult children of service members to vote absentee in their home states. Challenges were filed in Michigan, North Carolina, and Pennsylvania. All three challenges were eventually dismissed by judges.

In 2026, a federal court upheld the state of Texas’s ban on paid ballot harvesting, ruling that the law was not unconstitutionally vague. The decision stated that a reasonable distinction could be made between trinkets given to volunteers assisting in ballot collection and taking money to influence undecided voters.

Notwithstanding claims of extensive voting fraud due to ballot harvesting in vote-by-mail campaigns, the conservative Heritage Foundation and the more liberal Brookings Institution both agree that the total number of fraudulent ballots cast between 2000 and 2022 was less than 0.000043% of the total returns.

So, Who Can Return My Ballot?

Even in states that allow family members or household members to return ballots, the definitions of these terms vary. Some states specifically include ‘domestic partners’ in their definition of family, while others do not.

What counts as a ‘caregiver‘ can also be unclear. Some states require professional caregiving relationships, while others allow informal caregivers, such as neighbors, to regularly assist elderly voters. Roommates may qualify as household members in some jurisdictions but not others. Voters should contact their local election office if they’re unsure whether someone helping them return their ballot meets their state’s legal requirements.

What Voters Should Know

State laws on mail-in voting, absentee ballots, and other election requirements change regularly. The most recent laws on mail-in voting and redistricting are awaiting the U.S. Supreme Court‘s ruling. To stay up to date on who is authorized to collect and deliver ballots in your state, check your local voter registration office or election board, the Secretary of State’s office, or an online source such as the National Conference of State Legislatures, which has the most current data.

States that permit designated deliveries do not allow anyone to take more than two or three ballots at a time, except in Vermont. No one should be going door to door to gather ballots to take them to the polls. If you suspect something unlawful or suspicious is happening in your area, contact the election board, law enforcement, or the state attorney general’s office.

Contact your local election office if you’re unsure how to handle your ballot during an election. If you wish to help others turn in their absentee ballots but aren’t sure if it’s legal in your state, consider seeking the services of a knowledgeable and experienced legal professional.