Election FAQs

Frequently Asked Questions

 
 

There is a lot of information available about election administration, and not all of it is accurate. The best information about elections comes from your election officials.

NASED compiled Frequently Asked Questions to provide high-level information. Each state and territory administers elections differently. To get answers about how election officials handle a particular issue or responsibility where you live, you must contact your election officials.

NASED does not endorse any policy solution or method of conducting elections.

 


 

Frequently Asked Questions

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+ Who runs/administers elections?

Every state or territory has a Chief Election Official, the position designated by the National Voter Registration Act of 1993 that oversees the administration of elections in that state or territory. In 38 states, the Chief Election Official is the Secretary of State; 31 are popularly elected, three are elected by the legislature, and four are appointed by the governor. In two states - Alaska and Utah - the Chief Election Official is the popularly elected Lieutenant Governor. In 10 states (Delaware, Hawaii, Illinois, Maryland, New York, North Carolina, Oklahoma, South Carolina, Virginia, and Wisconsin), the District of Columbia, and the five US territories, the Chief Election Official works for a bipartisan board or commission; none of these Chief Election Officials are popularly elected, though in Oklahoma, the Chief Election Official serves concurrently as the Secretary of the Senate, a position elected by the legislature.

Most states have local election jurisdictions, either counties, municipalities, or both. In New England (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont) there is no county government, so elections are administered at the municipal level. Michigan and Wisconsin are a hybrid: both municipalities and counties have responsibility for election administration. For some elections, such as city council or mayor, municipalities may run their own elections, even if the county typically administers other elections. Alaska, the District of Columbia, and the five territories do not have local election jurisdictions.

In different states, local election officials are called different things: clerks, registrars, recorders, supervisors, directors, and more! Some states have multiple local election offices that divide responsibilities for voter registration and election administration, for example. Local election officials also often have responsibilities in addition to election administration, including issuing marriage licenses, serving as the registrar of deeds, or issuing dog licenses.

To learn more about the local election officials in your state, find your state on the drop down menu.

** Links:**
National Association of State Election Directors, Our Members
National Association of Secretaries of State, NASS Members
National Conference of State Legislatures, Election Administration at State and Local Levels
US Department of Justice, National Voter Registration Act of 1993

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+ Who secures elections?

Securing elections is a collaborative effort between state and local election officials, federal partners, and the private sector. State and local election officials are the owners and operators of voting equipment, systems, and databases. Federal partners, especially the Cybersecurity and Infrastructure Security Agency (CISA), provide election officials with classified and unclassified intelligence, threat indicators, and free services and assessments to help election officials understand their risks and make informed decisions about risk mitigations. CISA also offers free physical security assessments to help election officials secure their facilities.

The private sector plays an important role in elections. Only election officials can process or tabulate ballots, but many election jurisdictions rely on contractors or technology vendors for support with their voting equipment. Thus, these providers are a key participant in securing elections. Private cybersecurity companies also provide support, services, and assessments for state and local election officials.

Finally, voters play a role in securing elections, too. False information about election administration hurts the confidence that voters have in elections in the United States. Elections can be confusing, but voters should get their information about elections from state and territorial election officials to make sure it’s accurate and up-to-date.

For information on how your state or territory secures elections, select from the dropdown menu.

**Links: **
Cybersecurity and Infrastructure Security Agency (CISA), Election Infrastructure Security

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+ How does the Census impact elections?

Consistent with the US Constitution, every 10 years, the United States conducts a count, or census, of all people in the country; this is called the Decennial Census. The Census informs how services, funding, and representation are allocated across the country.

The Census provides a detailed count of how many people live in each state and territory. As a result, states and territories often need to redraw district lines to ensure an equal number of people per district. This process typically starts at the precinct-level before moving up to larger districts, like those for Congress or the state legislature. Each state and territory has their own redistricting process – in some states this is handled by the legislature, in some others by an independent body – but once revised districts are approved, election officials must assign all voters to the correct new districts so each voter gets the ballot with the correct contests and candidates. As a result, voters may find themselves voting for different candidates in different districts at different voting locations.

For information about redistricting where you live, including how to check if your voting location or districts have changed, select your state or territory from the dropdown menu.

**Links: **
National Conference of State Legislatures, 2020 Census Resources and Legislation
US Census Bureau

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+ How do election officials serve voters with disabilities?

Making sure that all eligible voters can participate in an election, including voters with disabilities or other accessibility needs, is of paramount importance to state and local election officials. The Americans with Disabilities Act requires that all voting locations and election offices be accessible to voters with disabilities. The Help America Vote Act of 2002 requires that voters with disabilities are able to vote privately and independently; among other things, this means that all voting locations must be equipped with technology that voters with a range of accessibility needs can use. Some accessibility features include: a headphone connection, a connection for a sip and puff device for voters without use of their hands, Braille, and adjustable font sizes.

Some states may have other options for voters with accessibility needs, including the ability to mark a ballot from home using their own assistive technology, print, and return to the election office. In recent years, a few states have permitted voters with certain accessibility needs to receive and return their ballot electronically.

To learn more about accessible voting in your state or territory, select from the dropdown menu.

**Links: **
US Department of Justice, The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities
The Help America Vote Act of 2002

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+How do military and overseas voters participate in elections?

Military and overseas voters and their families have unique challenges to participating in elections. When in the US, military members and their families often do not reside in the jurisdiction they consider their home; when overseas, both military and civilian voters may contend with inconsistent access to postal services.

In 1986, Congress passed the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The law requires that states and territories permit military and overseas voters to register and vote in federal elections. The law also created the Federal Post Card Application (FPCA), which is one form that military and overseas voters can use to simultaneously register to vote and request an absentee ballot. It also created the Federal Write-in Absentee Ballot (FWAB), a generic, downloadable, blank ballot that military and overseas voters can use if they do not receive the ballot they requested from their election official. In 2009, Congress passed the Military and Overseas Voter Empowerment Act (MOVE) to update and expand UOCAVA, including the requirement that election officials mail ballots to military and overseas voters no later than 45 days before a federal election, provided a valid request for a ballot has been received by that date. The MOVE Act also requires state election offices to provide military and overseas voters with the opportunity to register to vote and to receive their ballots electronically if they choose to do so.

Many states have codified protections for military and overseas voters to ensure timely receipt of ballots for all elections, not just federal elections.

To learn more about military and overseas voting in your state or territory, select from the dropdown menu.

**Links: **
The Federal Voting Assistance Program (part of the US Department of Defense)
Military and Overseas Voter Empowerment Act
National Conference of State Legislatures, Voting for All Americans: Uniformed and Overseas Citizens
US Department of Justice, The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)

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+ Who certifies voting equipment?

With the passage of the Help America Vote Act of 2002 (HAVA), Congress established the US Election Assistance Commission (EAC) and directed them to create voluntary standards for voting systems in the United States and certify voting machines to those standards. The standards created by HAVA are the Voluntary Voting System Guidelines (VVSG); as the name indicates, states and territories do not have to use these standards – they are voluntary. The EAC and the National Institute of Standards and Technology (NIST) accredit labs to test equipment to the VVSG. Despite their voluntary nature, 47 states rely on the EAC’s certification, typically either by requiring certification to the standards or requiring certification in an EAC accredited lab.

In addition to EAC certification, many states and territories also require state certification. State certification programs vary, but in general, they test the ability for the machine to comply with state laws. Many states have an independent board or commission that makes recommendations to the Chief Election Official about whether a voting machine should or should not be approved for certification in that state or territory.

Prior to the establishment of the EAC, NASED accredited labs and worked with the Federal Election Commission on the development of voting system standards. Some state statutes still reference “NASED standards” but the organization has not certified voting machines since the establishment of the EAC’s Testing and Certification program, which was fully implemented in January 2007. NASED participates in the standards development process via our representation on the EAC’s Technical Guidelines Development Committee and Board of Advisors; many NASED members also serve on the EAC’s Standards Board.

For more information about voting machines in your state or territory, select from the dropdown menu.

**Links: **
National Institute of Standards and Technology, Voting Systems
The Help America Vote Act of 2002
US Election Assistance Commission, State Requirements and the US Election Assistance Commission Voting System Testing and Certification Program, 2023
US Election Assistance Commission, Testing and Certification Program

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+ How do I register to vote?

In all states and territories except North Dakota, registering to vote is a requirement for those who want to vote in an election. Only an election official can register someone to vote. Many third-party services or campaigns serve as an intermediary between eligible voters and election officials, but to make sure you are successfully added to the voter registration list, you should rely on election officials.

Many election offices partner with departments of motor vehicles and other government agencies to offer voter registration services as required by the National Voter Registration Act of 1993. While many states and territories offer the ability to complete a voter registration online, the ability to do so varies by state and territory.

To find out how to register to vote or update your voter registration, select from the dropdown menu.

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+ Why is voter registration information public?

Consistent with state and territorial laws, voter registration lists are available for free or for purchase directly from the state or territorial election office. These lists include some information about each registered voter, including name and address, as well as information about whether an individual participated in an election – this is called voter history. Whether you voted is public information, but who you voted for is not. Ballot secrecy is built into every step of the elections process, and it is not possible for election officials to know who an individual voter voted for.

Many states and territories offer programs for victims of crime or high-profile elected officials to protect their information. The specifics of these programs, called Address Confidentiality Programs, vary across the country.

To find out what information in your voter registration record is publicly available in your state or territory, select from the dropdown menu.

**Links: **
National Conference of State Legislatures, Access to and Use of Voter Registration Lists
US Election Assistance Commission, Availability of State Voter File and Confidential Information

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+ What is voter registration list maintenance? What is being done about dead people on the voter rolls?

Voter registration list maintenance plays a critical role in election administration – in addition to making sure that only eligible voters cast ballots, election officials use voter registration lists to allocate resources, including where to locate voting locations, determining how much voting equipment is necessary at each location, and knowing how many ballots to print. The voter registration list is the best way for election officials to know how many voters live in their jurisdiction and in each district.

Most states are subject to the National Voter Registration Act of 1993 (NVRA), which requires election officials verify the voter should be removed from the voter registration list before doing so to make sure a person with a similar name or birthdate is not accidentally removed. Even states and territories that are not subject to the NVRA have laws governing how and when voters can be removed from the voter registration list. Once the election office has verified that a voter should be removed, the NVRA requires them to wait two consecutive federal general elections before removing the voter from the list; during those general election cycles, voters may be moved to the inactive list, but they can still participate in elections and will be moved back to active status as soon as they do so. Under the NVRA, voter registration list maintenance cannot take place within 90 days of a primary or general election for federal office.

States and territories use Social Security death records, as well as state and local health department notices to collect information on voters who have died. Some states participate in cross-state data-sharing efforts to access these data about voters who might have died out-of-state. Once a state or territory receives notice that a voter has died, they can remove the voter from the registration list.

To learn more about voter registration list maintenance in your state or territory, select from the dropdown.

Links:
Congressional Research Service, Voter Registration Records and List Maintenance for Federal Elections
National Conference of State Legislatures, Voter Registration List Maintenance
US Department of Justice, National Voter Registration Act of 1993

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+ How do I become a poll worker?

In states, poll workers are recruited and hired by local election officials, and in the District of Columbia and the territories they are recruited by the office of the Chief Election Official. Laws about who can serve as a poll worker vary, but typically they must be registered voters in the county or municipality where they live. In some places, citizens as young as 16 can serve as poll workers. Some places require a certain number of poll workers per voting location or require fixed numbers of poll workers from each of the major political parties. Nearly all states and territories require poll workers to work a full-day shift, but a handful permit half-day shifts. Most require poll workers to undergo training and offer payment.

To learn how to serve as a poll worker in your state or territory, select from the dropdown menu below.

Links:
National Conference of State Legislatures, Election Poll Workers

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+ What is the difference between a poll worker and a poll watcher?

Poll workers are a critical part of the election process for every single election, big or small. Poll workers can also be called election judges, election workers, board workers, or precinct workers. Poll workers are required for early voting and Election Day voting. In most states and territories, it is a paid position.

Poll workers represent their communities and help voters in those communities participate in elections. They verify that each voter is eligible to participate in that election, provide the voter with the correct ballot, show voters how to use voting equipment, and maintain the security of the ballots and equipment in each voting location.

Poll watchers, or observers, represent the political parties, nonpartisan groups, or other third parties. Their role as observers is to monitor for issues at the voting location that may impact their constituency. Each state and territory has laws and regulations governing what poll watchers can do, including where they can stand and how they can interact with poll workers and voters.

For information on poll watchers in your state or territory, select from the dropdown menu below.

Links:
National Conference of State Legislatures, Policies for Election Observers

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+ What is early voting? How is that different from in-person absentee voting?

Early voting is voting that takes place in-person before the date of the election. Early voting often takes place at vote centers, which are locations where any voter in a designated geographic area, like a county, can cast their ballot, regardless of their assigned Election Day precinct. Some states offer in-person absentee voting, which is similar to early voting but has minor technical differences. In-person absentee typically requires the voter to have an excuse for why they cannot vote in-person on Election Day and then apply for and place their ballot in an envelope as they would with a traditional mailed absentee ballot.

The first state to implement early voting was Texas in 1987, and now 45 states offer early voting.

To find out more information about voting before Election Day in your state or territory, select from the dropdown menu.

Links:
National Conference of State Legislatures, Early In-Person Voting

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+ What is the difference between a mail ballot and an absentee ballot?

Different states use different terminology to describe the same thing. At heart, a mail ballot (or vote-by-mail ballot) is the same thing as an absentee-by-mail ballot: a ballot delivered to the voter by mail. In some states, voters must apply to receive a mail ballot, and this is often, but not always, referred to as absentee voting. In other states, voters are automatically sent a mail ballot; in these states, voters still have options for voting in person if they choose to do so or if they need to use accessible voting technology or make other updates to their voter record in places that permit Same Day or Election Day registration.

In some states, for certain kinds of elections, every voter is mailed a ballot whether they request one or not, but for other kinds of elections, voters wishing to receive a ballot must apply for an absentee ballot.

Election officials count every eligible ballot cast by mail whether the margin of victory in an election is large or small. Different states and territories have different deadlines for when ballots returned by mail must be received: in some places, ballots can be received several days after the election provided they are post-marked by Election Day or a date and time set in state or territorial law.

To learn more about voting by mail in your state or territory, select from the dropdown menu.

Links:
National Conference of State Legislatures, Voting Outside the Polling Place
US Election Assistance Commission, Glossary of Election Terms

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+ How do drop boxes work?

Some states permit voters to return their mail/absentee ballots to a drop box, which is a secure box for the collection of ballots. Drop boxes eliminate the need for return postage because dropboxes are the property of the election office; this can make a drop box a useful option for voters who may not have enough time to return their ballot using the US Postal Service.

State and territorial laws govern both the use of drop boxes and, in some places, the location of drop boxes. Some places can only have dropboxes at the election office. States and territories also have laws or regulations about the kind of security requirements for dropboxes, but many require 24/7 security cameras.

Drop boxes are only emptied by election office employees. States and territories have different rules about who is eligible to empty drop boxes; in many places, drop boxes are emptied by teams of two workers, one representing each party.

To find out more about drop boxes in your state or territory, select from the dropdown below.

Links:
National Conference of State Legislatures, Ballot Drop Box Laws

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+ What is a provisional ballot?

A provisional ballot is a failsafe, or a backup, for voters whose eligibility is in question when they are at a voting location. Some reasons a voter may need a provisional ballot could include the voter is not on the list of registered voters for that location or the voter does not have identification as required by law. In some states, provisional ballots are called affidavit ballots or challenge ballots.

Provisional ballots are required by the Help America Vote Act of 2002, but six states are exempt from the requirement: Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming. North Dakota, Wisconsin, and Wyoming, however, do issue provisional ballots.

Some states treat provisional ballots cast by voters at the wrong precinct differently from provisional ballots issued for other reasons. Some states will count votes cast for all races the voter would have been eligible for, some only count statewide or federal races, and in others, a provisional ballot is not counted if it is cast in the wrong precinct.

Provisional ballots issued because the voter does not have identification or because the voter needs to demonstrate residency can be “cured” if the voter returns within the required timeframe to provide the required information.

Eligible provisional ballots are counted whether the margin of victory in an election is large or small. After every election, election officials review every provisional ballot to determine eligibility and include them in the final canvass, or count, of results.

To find out more about provisional ballots in your state or territory, select from the dropdown menu below.

Links:
National Conference of State Legislatures, Provisional Ballots

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+ What happens after Election Day?

Election officials tabulate, or count, as many ballots on election night as possible, but election night results are never official. After Election Day, election officials tabulate all eligible ballots, including provisional ballots, absentee ballots, and ballots cast by military and overseas voters. This is called the official canvass of results.

For federal, statewide, and state legislative elections, local election officials must certify their results to the state election office within a certain number of days following the election. Then, the state reviews results received from all local jurisdictions and certifies the results. Certified results are final. In many states, for local elections, such as mayor or city council, once the local election officials certify the election results, they are final.

To learn more about post-election processes and timelines in your state or territory, select from the dropdown menu below.

Links:
National Conference of State Legislatures, <a data-preserve-html-node="true" href="https://www.ncsl.org/research/elections-and-campaigns/after-the-voting-ends-the-steps-to-complete-an-election.aspx" target=_"blank">Canvass, Certification, and Contested Election Deadlines and Voter Intent

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+ Why do election results change overnight?

Election night results are never official results. In many states and territories, election officials can start processing mail or absentee ballots for tabulation, or counting, in advance of Election Day. On Election Day, election officials can start tabulating those ballots, along with any votes cast via early voting, and they work hard to get ballots tabulated as quickly as possible. Depending on the number of ballots cast, as well as the way those ballots are cast, this can mean election officials work late into the night on election night, or even all night. Results are uploaded to election night result systems in batches, usually at predictable intervals and often into the wee hours of the morning after Election Day. Results are uploaded until all ballots are tabulated.

In addition, states and territories have different laws about when absentee or mail ballots must be returned – in some states, ballots postmarked on or before Election Day can be received up to two or three weeks after Election Day. Some places also allow voters to cure their ballot if it was deficient in some way – for mail ballots, this could mean providing a missing signature or for provisional ballots this could mean providing identification that the voter forgot to bring with them to the polls.

All of these things together mean that election results will change in the days – and nights – after Election Day, sometimes significantly. It is not a sign of malicious activity, it is the opposite: it is a sign that election officials are diligently counting every eligible ballot to ensure they are included in the final tally of results.

For more information about election results in your state or territory, select from the dropdown menu below.

Links:
National Conference of State Legislatures, Canvass, Certification, and Contested Election Deadlines and Voter Intent
National Conference of State Legislatures, States with Signature Cure Processes
National Conference of State Legislatures, When Absentee/Mail Ballot Processing and Counting Can Begin

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+ How are mail ballots verified?

Each state and territory has a slightly different process for verifying mail ballots, but in general:

  • Before a mail ballot is sent to a voter, a unique ID number on the outbound mailing envelope is recorded in the voter registration database. This number matches a number on the return mailing envelope. These numbers allow election officials to know which envelope, or ballot package, is sent to and received from which voter without violating the secrecy of the ballot. If a voter requests another ballot, the unique ID number is recorded for the new ballot, too. This helps election officials ensure that only one ballot per voter is tabulated.
  • When a ballot is returned from a voter, the election office verifies that the number on the mailing envelope matches the number on the mailing envelope assigned to the voter when the ballot was sent out. This is why there can only be one ballot per envelope.
  • Election workers verify that the envelope has all required voter information on it. This varies by state or territory but can include the voter’s signature, the date, and other information. If this information is incomplete, each state and territory has laws and procedures for how to treat these ballots. Some permit voters to provide the missing information, which is known as a ballot cure process.
  • If the ballot envelope has all of the required information, in many states and territories, election workers verify that the signature on the ballot envelope matches the signature on file. While some places permit the use of technology to expedite the process, a human reviews every signature.
  • Once the required information is validated, the ballot can be removed from the outer envelope. Both the envelope and the ballot are retained as election records, but they must be separated to ensure the secrecy of each ballot.
  • Ballots are flattened to remove creases and then tabulated. While election officials often tabulate mail ballots as their own category, they are treated as regular ballots. Every eligible mail ballot is tabulated and included in the official canvass of results for every election.

To learn more about how mail ballots are validated in your state or territory, select from the dropdown menu below.

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+ How do audits work?

There are many different kinds of election audits for every part of the election process, from voter registration to voting equipment to results and everything in between. While the word audit can have a negative connotation – nobody wants to be audited by the IRS, for example – in elections, an audit is an in-depth review and not a signal of a problem. Many states and territories require different kinds of audits by statute, regardless of whether an election is close or contested.

Some examples of kinds of audits are:

  • Legal, or system, audits
  • Accessibility audits
  • Database audits
  • Process audits
  • Equipment audits
  • Post-election audits
  • Risk-limiting audits

To find out about audits in your state or territory, select from the dropdown menu below.

Links:
National Conference of State Legislatures, Post-Election Audits
US Election Assistance Commission, Election Audits Across the United States, October 2021
US Election Assistance Commission, Post-Election Audits, October 2020

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