Does your vote count if you die before Election Day?

State laws differ on whether a vote still counts if someone dies after casting their ballot but before Election Day on Nov. 5.

Only eight states guarantee that a person’s ballot will count if they die between voting and Election Day. In contrast, at least nine states, including two key swing states, have strict rules stating that ballots cast by anyone who dies before Election Day will not be counted.

Delaware, Illinois, Indiana, Iowa, Missouri, New Hampshire, New Jersey, Pennsylvania, and Wisconsin do not count the ballots of individuals who die before Election Day, according to the National Conference of State Legislatures.

Some states are more flexible. In Missouri, ballots are only rejected if sufficient evidence is presented to election authorities. According to the NCSL, the ballot must also be sealed in its envelope to be invalidated.

SCRANTON, PENNSYLVANIA, UNITED STATES - 2023/11/07: A woman takes a mail-in ballot from an envelope at a polling station in Pennsylvania. Municipal Elections in Pennsylvania had a low turnout. In the most recent statistic, about 15% to 27% of eligibl

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Meanwhile, Arkansas, Florida, Hawaii, Louisiana, Maryland, Massachusetts, Montana, North Dakota, Tennessee, and Virginia count all ballots, regardless of whether the voter dies before Election Day.

Connecticut has a unique rule: ballots cast by deceased voters are only counted if the voter was a member of the armed forces.

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In Colorado, Kansas, and New York, ballots can be challenged at polling places if it is proven that the voter died before Election Day.

Kentucky and Mississippi do not allow ballots to be counted if the voter dies, but this rule is based on attorney general opinions rather than state law.

Some states remain silent on the issue because it is rare for election officials to retrieve already-cast ballots. This method is not practical, according to the NCSL.

Ballot papers are sorted at the Lagan Valley constituency count at South Lake Leisure Centre in Craigavon, Co Armagh, as counting begins for the 2024 General Election. Picture date: Thursday July 4, 2024. (Photo by Oliver McVeigh/PA Images via Getty

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Does Texas Count Ballots of Deceased Voters?

Texas, along with 25 other states — including high-electoral-vote states like California — does not have explicit laws on the issue, according to the NCSL. However, once a ballot is separated from its envelope, it cannot be traced back to a specific voter. It can only be challenged if it is still in its original envelope.

In Texas, this means that if someone casts a ballot before their death, their vote will count unless specifically challenged, which is rare. However, there are no laws preventing a challenge to a cast ballot.