The Federalist’s 2024 Battleground State Elections Guide
By: The Federalist Staff | October 10, 2024
Read more at https://thefederalist.com/2024/10/10/the-federalists-2024-battleground-state-elections-guide/
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The Federalist Staff
With Election Day less than a month away, election processes and early voting are kicking into gear in several swing states around the country. With different election laws and court rulings governing election administration in each state, it can be tough to keep up with the myriad guidelines and rules governing the electoral process. That’s why The Federalist’s 2024 Battleground State Elections Guide is here to help.
From ballot return deadlines to mail-in voting rules, here are all the key dates and information you’ll need to understand the election process in swing states throughout the country this cycle.
Arizona
In-Person Early Voting: Began on Oct. 9 and ends on Nov. 1.
Mail-In Voting: Ballots began to be mailed out Oct. 9.
Ballot Return Deadlines: Mail-in ballots must be returned by 7 p.m. local time on Election Day to be counted. These ballots can be returned via mail or delivered in person. Polling locations for in-person voting on Election Day also close at 7 p.m. local time.
Ballot Harvesting: Arizona law stipulates that only a “family member, household member or caregiver of the voter” may return the elector’s mail-in ballot.
Mail-In Ballot Signature Requirements: All absentee voters are required to sign the affidavit on the ballot envelope in order for their vote to be tabulated. The envelope signature must match the signature on the voter’s registration form.
Voter ID: Arizona requires in-person voters to present one type of acceptable photo ID or two types of non-photo ID.
Citizenship Requirements: The U.S. Supreme Court recently allowed part of a state law to go into effect that requires eligible electors to provide documentary proof of citizenship when registering to vote via state registration form. Arizonans may still register as federal-only voters with no proof of citizenship. The Arizona Constitution further specifies only U.S. citizens can vote in elections.
Post-Election Day Ballot Curing: Arizona law permits a “curing” period, in which local officials are authorized to contact voters to correct signature issues on their mail ballots. Any issue must be corrected “not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election.”
Major Ballot Initiatives: Arizona’s ballot is expected to be stacked with roughly a dozen ballot initiatives this November. Among the most notable are constitutional amendments to effectively legalize late-term abortion (Proposition 139), raise the threshold for citizen-initiated ballot measures (Proposition 134), give the state legislature power to limit the governor’s emergency powers (Proposition 135), and prohibit open primary elections (Proposition 133).
Also set to appear on the ballot is a constitutional amendment that would institute open primaries and allow for the adoption of ranked-choice voting for general elections (Proposition 140). Despite the discovery that roughly 38,000 pairs of signatures gathered in support of the measure were duplicates, the Arizona Supreme Court ruled that votes cast for the measure may count.
For more information on the full list of Arizona ballot measures, see here.
Biggest Election Fights: In September, Arizona election officials discovered roughly 98,000 registered voters lacking documentary proof of citizenship (DPOC) due to an error stemming from how the state’s Motor Vehicle Division shares driver’s license information with the voter registration system. As noted above, individuals who do not provide DPOC may still register as “federal-only” voters and can only cast ballots in federal races.
According to the secretary of state’s office, most of the affected voters are registered Republicans. The Arizona Supreme Court granted these electors the ability to vote full-ballot this November.
The secretary of state’s office revealed on Sept. 30 that election officials found an additional 120,000 voters affected by the issue who lack DPOC.
Georgia
In-Person Early Voting: Begins on Oct. 15 and ends on Nov. 1.
Mail-In Voting: Absentee ballots were sent to UOCAVA voters on Sept. 17. Registrars began sending out absentee ballots for the general public on Oct. 7. The last day to request a mail-in ballot is Oct. 25.
Ballot Return Deadlines: Absentee ballots (excluding UOCAVA ballots) must be returned by 7 p.m. local time on Election Day to be counted. These ballots can be returned in person, through the mail, or at a drop box location. Polling locations for in-person voting on Election Day also close at 7 p.m. local time.
Ballot Harvesting: Georgia does not permit ballot harvesting, but only allows certain family members or a household member to return a voter’s ballot. (A caretaker may also return a disabled voter’s ballot.)
Mail-In Ballot Signature Requirements: Absentee ballot envelopes contain an “oath which must be signed by the voter.” Georgia also “requires the voter’s driver’s license number or state identification card number, which is compared with the voter’s registration record,” according to the National Conference of State Legislatures. If a voter is unable to sign his ballot, Georgia “law requires the voter make a mark,” according to Carroll County’s election website. Ballots lacking a signature or mark are rejected, according to Carroll County.
Voter ID: “Georgia law requires photo identification when voting, either in person or absentee,” according to the secretary of state’s website. Acceptable forms of identification include any state or federal government-issued photo ID (including a driver’s license or a valid passport), a student ID from a Georgia public college or university, or a military or tribal photo ID.
Citizenship Requirements: Since 2010, Georgians registering to vote have been required to provide evidence of their U.S. citizenship, including a driver’s license or driver’s license number as long as the registrant has previously provided proof of citizenship to the Department of Driver Services. For those who don’t possess any of the accepted citizenship documents, Georgia law tasks the State Election Board with establishing “other documents or methods” for proving a person’s citizenship. However, it appears certain voters may be able to evade some of the safeguards in place.
Post-Election Day Ballot Curing: Georgia law permits a “curing” period, in which local officials are authorized to contact voters to correct signature issues on their absentee ballots. The “last day for voters to cure timely submitted absentee ballots if they failed to sign the oath or information mismatch” is Nov. 8.
Major Ballot Initiatives: Georgia will have three initiatives on the November ballot. One would create a Georgia Tax Court “with judicial power and statewide jurisdiction,” the second would provide “for a local option homestead property tax exemption,” and the third “exempts property that is valued at less than $20,000 from the personal property tax,” according to Ballotpedia.
Biggest Election Fights: The conservative-led State Election Board has clashed with Democrats and Georgia’s Republican-led secretary of state’s office recently, especially on the topic of whether election officials should be forced to rubber-stamp election results even if they have concerns about the election’s administration.
Republican officials like Fulton County election board member Julie Adams argue they should be able to investigate concerns about the administration of an election before certifying the results, rather than rubber-stamping results they believe are legally dubious.
Democrats are also waging a series of legal challenges against the State Election Board, which has passed a series of rules aimed at ensuring the number of ballots cast matches the number of voters who voted, among other election integrity measures.
Michigan
Voter Registration: Michiganders can register to vote at any time up to 8 p.m. on Election Day. They can register to vote online, by mail, or in person at the local clerk’s office.
In-Person Early Voting: The Michigan Department of State tells voters early voting will be available “for a minimum of nine consecutive days, ending on the Sunday before an election.” So early voting will start Oct. 26 at the latest, but communities can start the process earlier, allowing it to run for as many as 29 days.
Mail-In Voting: Absentee ballots are available beginning 40 days ahead of every election. Voters can request a ballot from the local clerk, and can opt-in to receive absentee ballots ahead of every federal, state, and local election. After Michigan voters approved no-excuse absentee voting in 2018, Proposal 2, which passed in 2022, further instituted mail-in voting practices and myriad other election policies supported by the left.
Ballot Return Deadlines: Voters must return absentee ballots to the local clerk’s office by 8 p.m. on Election Day to be counted, but overseas voters simply need their ballots to be postmarked by Election Day and received by clerks within six days after the election.
Ballot Harvesting: Michigan law allows an immediate family member or “individual residing in your household” to return a voter’s ballot. A voter may also request the clerk who issued a ballot help return it.
Mail-In Ballot Signature Requirements: Absentee voters must sign the envelope with a signature matching their state ID or voter registration application.
Voter ID: The state requires in-person voters to show a photo ID or sign an affidavit claiming they don’t have one. Acceptable documents include a current student ID or government ID such as (but not limited to) a U.S. passport or state driver’s license. Michigan does not require a copy of an ID to vote by mail.
Citizenship Requirements: It is illegal for noncitizens to vote in federal elections, and voter registration forms and ballot applications require a person to attest that he is a citizen, but Michigan does not require documentary proof of citizenship from would-be voters.
Post-Election Day Ballot Curing: If a signature does not match that in the local clerk’s records, Michigan law requires clerks to contact the voter to “cure” the signature and solve the issue. According to the secretary of state’s office, voters may cure their signatures until 5 p.m. the third day after the election.
Major Ballot Initiatives: Michigan will have no statewide ballot measures in November.
Biggest Election Fights: Democrat Secretary of State Jocelyn Benson fought to keep third-party candidate Robert F. Kennedy Jr. on the ballot and remove independent Cornel West from the ballot, both of which actions would likely help Vice President Kamala Harris’ chances.
The Republican National Committee has filed multiple lawsuits against Benson for her guidance to clerks on handling ballots and her alleged failure to clean the state’s voter rolls. The Public Interest Legal Foundation has also sued Benson for an alleged lack of voter roll maintenance.
Nevada
Voter Registration: The deadline to register online is Oct. 23. Mailed voter registration forms had to be postmarked by Oct. 8.
Nevada also offers same-day registration, in which eligible electors may register and vote in person during the early voting period or on Election Day. Those who choose this option must present a valid Nevada driver’s license or Nevada ID card. Voters will receive their ballots to vote after the registration process is completed.
In-Person Early Voting: Begins on Oct. 19 and ends on Nov. 1.
Mail-In Voting: Every registrant listed as “active” on Nevada’s voter rolls is automatically mailed a ballot every election. Voters can request to opt out of this mailing list.
According to the National Conference of State Legislatures, Nevada law does not specify when election officials may start sending mail-in ballots to voters. State law does, however, require these officials to send electors their ballots “not later than the 14 days before the election.”
Ballot Return Deadlines: All ballots that are dropped off in person must be submitted by 7 p.m. local time on Election Day. According to the Nevada secretary of state’s office, “Mail-in ballots that are postmarked on or before the day of the election AND received by the 4th day after election day by 5 p.m., will be accepted as received and processed according to Nevada State law.”
Ballot Harvesting: Nevada law permits any “person authorized by the voter [to] return the mail ballot on behalf of the voter by mail or personal delivery to the county clerk, or any ballot drop box established in the county.”
Mail-In Ballot Signature Requirements: All electors voting via mail must sign the ballot envelope for it to be counted. The envelope signature must match the signature on the voter’s registration form.
Voter ID: Nevada does not require a person to show ID to vote. As summarized by Ballotpedia, state law requires a Nevada in-person voter to “sign his or her name in the election board register at his or her polling place.” That signature is then “compared with the signature on the voter’s original application to vote or another form of identification, such as a driver’s license, a state identification card, military identification, or another government-issued ID.”
Citizenship Requirements: Nevada law requires all eligible residents to be U.S. citizens to vote, although the state constitution does not explicitly stipulate only U.S. citizens can vote. The state does not require documentary proof of citizenship from people voting or registering to vote.
Post-Election Day Ballot Curing: Nevada law permits a “curing” period, in which local officials are required to contact voters to allow them to correct signature issues on their mail-in ballots or otherwise confirm the signature affixed to the ballot belonged to them. The voter “must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the sixth day following the election” for the ballot to be counted.
Major Ballot Initiatives: There will be seven measures appearing on Nevada’s 2024 ballot, six of which are constitutional amendment proposals. Among the most notable are initiatives instituting ranked-choice voting (Question 3), effectively legalizing late-term abortion (Question 6), and requiring electors to present a valid form of ID in order to vote (Question 7).
[RELATED: Ranked-Choice Voting Is A Nightmare — And It’s On The Ballot In Nevada]
Biggest Election Fights: The top issue raising concerns among election integrity activists in the state is the accuracy of Nevada’s voter rolls. Organizations such as the Public Interest Legal Foundation have documented what appear to be alarming inaccuracies within the voter registration lists, such as finding some registrants’ addresses listed at bars and casinos. Efforts by the Citizen Outreach Foundation to file citizen-led challenges to have these allegedly ineligible registrants removed have been met with resistance by Democrat Secretary of State Cisco Aguilar, whose office recently issued a memo instructing local officials to stop processing the group’s challenges.
North Carolina
Voter Registration: The standard deadline to register to vote is 5 p.m., Oct. 11. However, North Carolinians can register to vote after the Oct. 11 deadline in person at early voting locations.
In-Person Early Voting: Begins Oct. 17 and ends at 3 p.m. on Nov. 2.
Mail-In Voting: Any registered voter in North Carolina can vote by mail for any reason. Voters must request the ballot using an absentee ballot request form, either online or with a paper form. This year, voters must request absentee ballots by Oct. 29 at 5 p.m.
Ballot Return Deadlines: Ballots must be returned by Election Day, Nov. 5 at 7:30 p.m. (with exceptions for UOCAVA voters).
Ballot Harvesting: North Carolina law permits a near relative or legal guardian to return a voter’s absentee ballot. It is otherwise a class I felony for anyone to deliver a ballot to a voter or return it for them.
Mail-In Ballot Signature Requirements: Voters must sign their absentee ballot envelope.
Absentee ballots must be filled out in the presence of two adult witnesses who are not disqualified by other state statutes. Those two persons must print and sign their names on the application and certificate, as well as provide their addresses. Voters can also fulfill the requirement with the seal and signature of one notary public.
Voter ID: A photo ID is generally required to vote in North Carolina, but the address on the ID “does not have to match the voter registration records.”
If an in-person voter does not have a voter ID, he will be asked to either complete an ID exception form and vote provisionally, or vote provisionally and return to his county elections office with a valid ID “by the day before [the] county canvass.” North Carolinians voting by mail are required to provide a copy of a photo ID when returning their ballot, but they can also fill out an exception form. Counties are required to count provisional ballots as long as the ID exception forms are “properly completed.”
Exceptions for not showing an ID are expansive, and range from a disability to “work or school schedule” to a religious objection to being photographed. (Being the victim of a declared natural disaster occurring withing 100 days of Election Day also qualifies a voter for an ID exception.) Mail-in voters who are somehow unable to attach a copy of their ID must include either their driver’s license number or the last four digits of their Social Security number.
North Carolina does not require photo ID for voters covered under the Uniformed and Overseas Citizens Absentee Voting Act.
Citizenship Requirements: North Carolina law requires U.S. citizenship to register to vote. However, citizenship documents are not required to register.
Post-Election Day Ballot Curing: North Carolina allows for ballot curing in certain circumstances, including if the voter “did not sign the voter certification,” “signed the application in the wrong place,” or failed to include a copy of a photo ID with an absentee ballot.
Major Ballot Initiatives: North Carolina only has one ballot initiative certified to appear on the ballot this November. The Citizenship Requirement for Voting Amendment was referred to voters by the state legislature and would amend the state constitution to provide that only eligible U.S. citizens can vote in the state. The amendment would prohibit local governments from allowing noncitizens to vote.
Biggest Election Fights: The RNC has filed several lawsuits against the North Carolina State Board of Elections.
The western part of the state was also significantly damaged by Hurricane Helene, which will make it more difficult to vote in the deep-red region of the state, though state officials are in the process of implementing emergency election procedures.
Pennsylvania
Voter Registration: The deadline to register to vote in Pennsylvania is Oct. 21. The state implemented automatic voter registration in September 2023 through the Department of Motor Vehicles. Since then, anyone who gets a driver’s license and is eligible to vote is automatically registered unless they intentionally opted out of voter registration. Pennsylvanians may also register online, by mail, or in person at their county election office.
In-Person Early Voting: Pennsylvania treats early voting and mail-in voting the same. Voters can go to their county election office, receive a mail-in ballot, vote, and submit this ballot “all in the same visit.” In-person voting starts as soon as counties start mailing out ballots, but that date is different for each county. Voters may check online with the Pennsylvania Department of State to see when their counties’ ballots are ready.
Mail-In Voting: The deadline for requesting a mail-in ballot is Oct. 29. Any registered voter may request a mail-in ballot.
Ballot Return Deadlines: The county must receive a completed ballot by 8 p.m. on Election Day, Nov. 5. Counties will not accept ballots with a postmark of Nov. 5 at 8 p.m.; the ballot must be in hand by then.
Ballot Harvesting: Voters must return their own ballots, although there are some exceptions for voters with a disability to designate someone, in writing, to deliver their ballot. Former Democratic Gov. Tom Wolf created a stir in 2021 when he casually admitted in a radio interview that his wife violated this rule, by dropping off his ballot for him. It is not allowed in Pennsylvania, even between spouses.
Mail-In Ballot Signature Requirements: Voters mail ballots in a two-envelope system. The inner, secrecy envelope is not marked, but the outer, mailing envelope must be signed and dated.
Voter ID: Voters must provide a driver’s license number or the last four digits of their Social Security number when registering to vote, as required by federal law. Identification is also required the first time a voter casts a vote in a precinct where they will sign a voter roll book, though the ID does not have to include a photo (voters can use a utility bill or bank statement as long as it includes their name and address). After that, no identification is required as long as the voter continues in the same precinct because they sign the book each election. If a Pennsylvania voter moves to a new precinct, he will need to show identification again.
Voters who qualify for a ballot under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) or the Voting Accessibility for the Elderly and Handicapped Act do not need to show ID.
Citizenship Requirements: You must be a U.S. citizen and a resident of Pennsylvania at least 30 days before the next election to register to vote.
Military voters, and those who are registered in Pennsylvania but out of the country, may register to vote through UOCAVA. They may participate in federal and local elections. Pennsylvania also allows voters who once lived in the state but now live overseas and have no intention of returning to vote as “federal” UOCAVA voters. These voters may vote in federal-level elections such as president, vice president, U.S. senator, and congressional representative. They cannot vote in Pennsylvania’s local elections.
Post-Election Day Ballot Curing: Some counties give voters notice and opportunity to “cure” mistakes, and some do not. State law tells counties not to count improperly marked ballots, but the Pennsylvania Department of State has issued guidance telling counties to flag ballots in need of curing so voters will receive an automatic notice informing voters they can cure their ballots. This has become a point of controversy.
Biggest Election Fights: Mail-in ballot curing has been under dispute, and in the courts for several years, and in multiple cases. Should counties toss out improperly marked ballots as the election code directs? Or does Pennsylvania Secretary of State Al Schmidt have the authority to override the law and issue guidance to mail-in voters offering them a second chance to mark their outer envelope properly? Counties have been choosing to either follow the law or the guidance, giving voters different responses to the same problem, depending on where they live.
The Republican National Committee (RNC) and the Republican Party of Pennsylvania challenged Schmidt and Pennsylvania’s 67 county boards of elections over this matter. The RNC believes voters should be held to the law as written by the elected General Assembly, which does have the authority to change the law, and so far, hasn’t. Last week, the state supreme court declined to rule on the issue before Election Day.
Wisconsin
Voter Registration: Wisconsin offers same-day voter registration, so eligible Wisconsinites can register to vote in person on Tuesday, Nov. 5, 2024 (Election Day). The deadline to register to vote by mail or online is Oct. 16.
In-Person Early Voting: Counties can offer early voting from Oct. 22 until Nov. 3, although the dates and office hours “vary by municipality.”
Mail-In Voting: Absentee ballots begin being mailed out 47 days before November’s general election.
Ballot Return Deadlines: All absentee ballots must be delivered no later than 8 p.m. local time on Election Day. The ballots may be returned via mail or hand-delivered to the polling place or clerk’s election office.
Ballot Harvesting: Wisconsin law implies that only the voter shall mail the ballot or deliver it in person to the municipal clerk’s office that issued the ballot.
Mail-In Ballot Signature Requirements: All absentee voters must sign and seal the ballot certificate envelope. A witness also is required to sign the envelope and include his address. Ballots that fail to include the required information are rejected.
Voter ID: Wisconsin requires in-person voters to show the “original copy of their photo ID” to vote.
Citizenship Requirements: Wisconsin’s constitution states that “Every United States citizen age 18 or older who is a resident of an election district in this state” is eligible to vote. “Citizenship is documented through a U.S. birth certificate or a Certificate of Naturalization, but proof of citizenship is not required to vote,” notes the Wisconsin Elections Commission.
Post-Election Day Ballot Curing: This has been an on-again, off-again issue in the Badger State for several years. In February, the Wisconsin Elections Commission voted 5-1 on guidance advising clerks to accept ballots with incomplete ballot witness addresses following a Dane County Court ruling on the curing question. A Waukesha County judge in 2022 had ruled that clerks completing or fixing missing information on absentee ballot envelopes on behalf of the voter violated state law. Concerns over improperly “fixed” ballot envelopes were at issue in the 2020 election, and a subject of unsuccessful Trump campaign lawsuits challenging the results of the election in Wisconsin. A federal judge earlier this year tossed out a lawsuit by Democrat Party fixer Marc Elias’ lawfare group seeking to block Wisconsin election law requiring a witness to sign a voter’s absentee ballot.
Major Ballot Initiatives: Wisconsin voters will decide whether to amend Wisconsin’s constitution to provide that “only” U.S. citizens 18 or older may vote in national, state or local elections. Currently the constitution states that “every” U.S. citizen 18 or older may vote. Citizen Only Voting Amendment advocates argue the existing language leaves a loophole that would allow Wisconsin municipalities and the state to open elections to noncitizens, as has been done in other states and the District of Columbia.
Biggest Election Fights: Wisconsin’s four-year battle over the widespread use of absentee ballot drop boxes was decided by a new liberal-led court, just in time for the 2024 general election. In a 4-3 ruling in July, the court endorsed the return of absentee ballot drop boxes, opening the door to the same kind of election shenanigans that plagued the Badger State in 2020. The decision overturned the Wisconsin Supreme Court’s 4-3 ruling by the conservative majority in 2022 banning the widespread use of the drop boxes.
For more election news and updates, visit electionbriefing.com.
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