ATLANTA (AP) — President Donald Trump and other Republicans have long criticized states that take weeks to count their ballots after Election Day. This year has seen a flurry of activity to address it.
Part of Trump’s executive order on elections, signed in March but held up by lawsuits, takes aim at one of the main reasons for late vote counts: Many states allow mailed ballots to be counted even if they arrive after Election Day.
The U.S. Supreme Court last month said it would consider whether a challenge in Illinois can proceed in a case that is among several Republican-backed lawsuits seeking to impose an Election Day deadline for mail ballots.
At least three states — Kansas, North Dakota and Utah — passed legislation this year that eliminated a grace period for receiving mailed ballots, saying they now need to be in by Election Day.
Even in California, where weekslong vote counting is a frequent source of frustration and a target of Republican criticism, a bill attempting to speed up the process is moving through the Democratic-controlled Legislature.
Order asserts federal law prohibits counting late ballots
The ballot deadline section of Trump’s wide-ranging executive order relies on an interpretation of federal law that establishes Election Day for federal elections. He argues this means all ballots must be received by that date.
“This is like allowing persons who arrive 3 days after Election Day, perhaps after a winner has been declared, to vote in person at a former voting precinct, which would be absurd,” the executive order states.
It follows a pattern for the president, who has repeatedly questioned the legitimacy of such ballots even though there is no evidence they are the source of widespread fraud. The issue is tied closely to his complaints about how long it takes to count ballots, his desire for results on election night and his false claims that overnight “dumps” of vote counts point to a rigged election in 2020, when he lost to Democrat Joe Biden.
But ballots received after Election Day, in addition to being signed and dated by the voter, must be postmarked by the U.S. Postal Service indicating they were completed and dropped off on or before the final day of voting.
Accepting late-arriving ballots has not been a partisan issue historically. States as different as California and Mississippi allow them, while Colorado and Indiana do not.
“There is nothing unreliable or insecure about a ballot that comes back after Election Day,” said Steve Simon, the chief election official in Minnesota, which has an Election Day deadline.
In his executive order, most of which is paused by the courts, Trump directs the attorney general to “take all necessary action” to enforce federal law against states that include late-arriving ballots in their final counts for federal elections. He also directs the U.S. Election Assistance Commission to condition federal funding on compliance.
Trump’s rhetoric motivates Republican states
Republicans in five states have passed legislation since the 2020 election moving the mail ballot deadline to Election Day, according to the Voting Rights Lab, which tracks election legislation.
Earlier this year, GOP lawmakers in Kansas ended the state’s practice of accepting mail ballots up to three days after Election Day, a change that will take effect for next year’s midterms. Problems with mail delivery had prompted Kansas to add the grace period in 2017.
Kansas state Sen. Mike Thompson, a Republican who chairs the committee that handles election legislation, compared the grace period to giving a football team extra chances to score after the game clock expires.
“We need this uniform end to the election just so that we know that all voters are operating on the same time frame,” he said.
A history of complaints in California
California has long been a source of complaints about the amount of time it takes for ballots to be counted and winners declared.
“The rest of the country shouldn’t have to wait on California to know the results of the elections,” U.S. Rep. Bryan Steil, a Wisconsin Republican who chairs the Committee on House Administration, said during an April hearing.
He said California’s “lax election laws” were to blame for the delays.
The nation’s most populous state has the largest number of registered voters in the country, some 22.9 million, which is roughly equivalent to the number of voters in Florida and Georgia combined.
California also has embraced universal mail voting, which means every registered voter automatically receives a ballot in the mail for each election. The deadline for election offices to receive completed ballots is seven days after Election Day as long as they are postmarked by then.
A survey of some 35,000 Los Angeles County voters during last fall’s election found that 40% waited until Election Day to return their ballot.
Election officials say the exhaustive process for reviewing and counting mail ballots combined with a large percentage of voters waiting until the last minute makes it impossible for all results to be available on election night.
California Democrats consider changes to speed the count
Under state law, election officials in California have 30 days to count ballots, conduct a postelection review and certify the results.
Dean Logan, Los Angeles County’s chief election official, told Congress in May that his team counted nearly 97% of the 3.8 million ballots cast within a week of Election Day in 2024. Jesse Salinas, president of the state clerks’ association, said his staff in Yolo County, near Sacramento, already works 16-hour days, seven days a week before and after an election.
Assemblyman Marc Berman introduced legislation that would keep the state’s 30-day certification period but require county election officials to finish counting most ballots within 13 days after the election. They would be required to notify the state if they weren’t going to meet that deadline and give a reason.
“I don’t think that we can stick our heads in the sand and pretend like these conspiracies aren’t out there and that this lack of confidence doesn’t exist, in particular among Republican voters in California,” said Berman, a Democrat. “There are certain good government things that we can do to strengthen our election system.”
He acknowledged that many counties already meet the 13-day deadline in his bill, which awaits consideration in the Senate.
“My hope is that this will strengthen people’s confidence in their election system and their democracy by having some of those benchmarks and just making it very clear for folks when different results will be available,” Berman said.
___
Associated Press writer John Hanna in Topeka, Kansas, contributed to this report.
