This article is part of MACo’s Policy Deep Dive series, where expert policy analysts explore and explain the top county policy issues of the day. A new article is added each week – read all of MACo’s Policy Deep Dives. 

Elections are a core function of county government — but times are changing. Modern trends in voter preference, new technology, difficulties recruiting and retaining election judges, new and evolving cyber threats, and defending against disinformation are top of mind for county leaders and local election officials.

As the landscape of democratic elections evolves, two emerging methods are gaining attention: Ranked-Choice Voting (RCV) and online voting. Here, Conduit Street breaks down both approaches, which purport to enhance the electoral process by addressing different aspects of voter engagement and election integrity. However, each method comes with advantages and challenges that require careful examination to understand their potential impact on the future of voting.

Electronic Ballot Return

Some voters face challenges voting in person and by mail. While Maryland does not allow electronic ballot returns, election officials in many states use email, fax, web portals, and web-based applications to facilitate remote voting for groups like military and overseas voters and voters with specific needs.

Despite its potential benefits, online voting raises significant concerns about security, voter privacy, and the digital divide, making it a highly debated topic in discussions about modernizing election systems in the United States.

Here’s how it works:

Electronic Delivery of Blank Ballots

1. The federal Military and Overseas Voters Empowerment Act (MOVE), passed in 2009, requires states to​ enable the​ ​electronic ​​delivery of ​blank absentee ballots to voters who fall under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). This delivery can be ​via email, fax , or an online delivery system. Details on which electronic delivery formats states make available to voters can be found in the Federal Voting Assistance Program’s Voting Assistance Guide.

Electronic Return of Voted Absentee Ballots

• The MOVE Act does not require states to accept voted ballots electronically. Returning ballots by mail continues to be the most common method of return, and in 19 states, it is the only permitted method of ballot return.

Returning Ballots Electronically

• Returning ballots electronically is most often reserved for UOCAVA voters. These voters can face unique challenges, like unreliable foreign postal systems,​ in receiving and returning absentee/mail ballots by state deadlines.
  • Thirty-one states, Washington, DC, and the Virgin Islands allow UOCAVA voters to return a voted absentee/mail ballot by fax.
  • ​​Twenty-five​ states, Washington, DC, and the Virgin Islands allow ​UOCAVA​ voters to return a voted absentee/mail ballot by email. (NOTE: in Arizona, only some counties allow email returns.)
  • ​​​Ten ​​states allow ​UOCAVA​ voters to return a voted absentee/mail ballot through an online portal. (In Oregon and Utah, only some counties allow returns through an online portal.) Some online portals enable voters to receive, mark, and return their ballots entirely online, while others may require the voter to print the ballot, mark it, scan it, and upload it back into the system as a PDF.

Voters with Disabilities

• Twelve states have extended electronic ballot return options to voters with disabilities, who may face unique challenges ​to​​ ​voting in person or by mail. These options include allowing at least some voters with certain disabilities to:
  • Return a voted absentee/mail ballot by fax
  • Return a voted absentee/mail ballot by email
  • Return a voted absentee/mail ballot through an online portal (NOTE: Utah does so in two counties only)

Others

• A few states allow electronic ballot returns in other limited circumstances, like during specified emergencies or natural disasters (Colorado) or for qualified first responders (Utah). In Louisiana, all absentee voters can return a voted absentee ballot by fax (note that in Louisiana, voters must provide a qualifying excuse to vote an absentee ballot).

The Cybersecurity and Infrastructure Security Agency (CISA), the Election Assistance Commission (EAC), the Federal Bureau of Investigation (FBI), and the National Institute of Standards and Technology (NIST) assess that the risks vary for electronic ballot delivery, marking, and return. While there are adequate risk management controls to enable electronic ballot delivery and marking, they recommend paper ballot returns — as electronic ballot return technologies are high-risk even with controls in place.

Instead, voter-verified paper ballots are recommended as the most secure option for voting because they can be audited and recounted to confirm election results. Internet voting does not provide a paper ballot. Even if an election official prints an electronically returned ballot, the voter never interacted with the printed copy and cannot verify it is correct.

Ranked-Choice Voting

Ranked-choice voting (RCV) continues to gain traction across the country, with various jurisdictions exploring its potential to improve the electoral process.