Name:   phil - Subject:   Question about mailing ballot Date:   8/27/2020 1:51:44 PM (updated 8/27/2020 1:54:40 PM)

 1) If I request an Absentee Ballot (AB) and I die BEFORE it's mailed, is it valid? (filled out by me and mailed by spouse/executor)     I would say invalid but gray area, I would think this would be much like if you went to a polling place, filled it out and died at the table before actually having your ballot recorded - should someone pick it up from the floor and process it?  your intention was indicated you were just unable to complete the process, I would hope that someone would process it in the case of witness seeing you die after having filled it out.  filling out a ballot at home, who is to say that you filled it out before you died vs spouse/child/caregiver who is wanting to defraud a vote.  Assuming nothing to indicate a crime, it will probably count as a actual vote, and would not be able to be prosecuted unless someone bragged about it, or so other evidence that the vote had issues.  Edit - now if you died at the table and late that evening the ballot was found and no one realized whos it was much like with other evidence without being able to say it was not altered during the time it was there hopefully a poll worker would not process it, but they probably would anyway ( unless they did not like what marks they saw and just tossed it.)  

   2) If I request an AB, fill it out and it is mailed, but I die before election date, is it valid?  I would say valid, it would hopefully have a postmark before you died, short of some other evidence someone did something - there is no way to prove you did or did not, so would say valid unless there was a reason not to.

   3) If I die and my spouse immediately requests an AB in my name, fills it out and mails it, is it valid?       I would go 100% not only no but hell no, even if you told your spouse how you wanted to vote as your dying breath and then the ballot was requested.  This should be fraud.       You can not transfer your right to vote to someone else.                                                                                                                                               

   4), 5) and 6) same scenarios with 'Mail In Voting' ballots.      See above - same arguements could be made about in person voting  but the person died in line.                                                             

   7) Do you believe that a state Secretary of State will/should spend the time/resources investigating/prosecuting any of these scenarios if they are found to be fraudulent?  Depends - probably only way someone would get caught in many of these is someone posting something on social media or something to indicate that they voted for someone deceased ( much like what happens today ).

In many of these scenarios, how would anyone know unless someone spilled the beans to a friend/family/social media ?  If there is a reason to investigate I would say investigate and if someone is guilty of voter fraud they should be investigated and punished appropriately.  If there is no evidence of a crime then chances are it will not be investigated under any circumstances.