In mostly mail elections, all registered voters are sent a
ballot in the mail. The voter marks the ballot, puts it in a secrecy
envelope or sleeve and then into a separate mailing envelope, signs an
affidavit on the exterior of the mailing envelope, and returns the
package via mail or by dropping it off.
Ballots are mailed out well ahead of Election Day, so voters have an
“election period,” not just a single day, to vote. Mostly mail elections
can be thought of as absentee voting for everyone. This system is also
referred to as “vote by mail.”
- Eight states and Washington, D.C., allow all elections to be
conducted entirely by mail: California, Colorado, Hawaii, Nevada,
Oregon, Utah, Vermont and Washington state.
- Two states permit counties to opt into conducting elections by mail: Nebraska and North Dakota.
- Nine states allow specific small elections to be conducted by mail:
Alaska, Arizona, Florida, Kansas, Maryland, Missouri, Montana, New
Mexico and Wyoming.
- Four states permit mostly mail elections for certain small jurisdictions: Idaho, Minnesota, New Jersey and New Mexico.
The four tables below show which states allow which types of mostly mail elections.
Table 18a: States That Conduct All Elections by Mail
| State |
Statute |
Year Enacted |
Year Implemented |
Bill Number |
| California |
Cal. Election Code § 3000.5
|
2021 |
2022 |
AB 37 |
| Colorado |
Colo. Rev. Stat. § 1-5-401
|
2013 |
2014 |
HB 1303 |
| District of Columbia |
D.C. Code § 1–1001.05
|
2022 |
2023 |
D.C. Law 24-342 |
| Hawaii |
Hawaii Rev. Stat. § 11-101
|
2019 |
2020 |
HB 1248 |
| Nevada |
Nev. Rev. Stat. § 293.269911
|
2021 |
2022 |
AB 321 |
| Oregon |
Or. Rev. Stat. § 254.465
|
1998 |
2000 |
Citizen initiative |
| Utah |
Utah Code Ann. § 20A-3a-202
|
2012 (Counties permitted to choose) |
2019 (The first year all counties opted for mostly mail elections) |
HB 172 |
| Vermont |
Vt. Stat. Ann. tit. 17, § 2537a
(General elections only.)
|
2021 |
2022 |
SB 15 |
| Washington |
Wash. Rev. Code § 29A.40.010
|
2011 |
2012 |
HB 5124 |
Table 18b: States That Allow Counties to Choose to Conduct Elections by Mail
| State |
Statute |
Details |
| Nebraska |
Neb. Rev. Stat. §§ 32-95, 32-960
|
Any county of less than 10,000 inhabitants may apply to the
secretary of state to mail ballots for all elections in lieu of
establishing polling places. Certain ballot measure elections can also
be conducted by mail. |
| North Dakota |
N.D. Cent. Code § 16.1-11.1-01 et seq. |
Counties may conduct any election by mail. Applications for mailed
ballots are sent to each individual listed on the central voter file,
and there must be one or more polling places in the county for voting in
the usual manner.
|
Table 18c: States That Allow Certain Small Elections to Be Conducted by Mail
| State |
Statute |
Details |
| Alaska |
Alaska Stat. § 15.20.800
|
Elections that are not held on the same day as a general, party primary or municipal election may be conducted by mail. |
| Arizona |
Ariz. Rev. Stat. Ann. §§ 16-409, 16-558
|
A city, town, school district or special district may conduct elections by mail. |
| Florida |
Fla. Stat. § 101.6102
|
Referendum elections at the county, city, school district or special district level may be conducted by mail. |
| Kansas |
Kan. Stat. Ann. §25-432
|
Nonpartisan elections at which no candidate is elected, retained or
recalled and which is not held on the same date as another election may
be conducted by mail. |
| Maryland |
Md. Election Code Ann. § 9-501
|
Special elections not held concurrently with a regularly scheduled primary or general election may be conducted by mail. |
| Missouri |
Mo. Rev. Stat. §§ 115.652 et seq.
|
Nonpartisan issue elections at which no candidate is elected,
retained or recalled and in which all qualified voters of one political
subdivision are the only voters eligible to vote may be conducted by
mail.
|
| Montana |
Mont. Code Ann. §§ 13-19-101 et seq.
|
Any election other than a regularly scheduled federal, state or
county election; a special federal or state election, unless authorized
by the legislature; or a regularly scheduled or special election when
another election in the political subdivision is taking place at the
polls on the same day may be conducted by mail.
|
| New Mexico |
N.M. Stat. Ann. §§ 1-24-3, 1-6-22.1
|
Special elections, except those to fill a vacancy in the office of U.S. Representative, shall be conducted by mail. |
| Wyoming |
Wyo. Stat. § 22-29-115
|
Counties may decide to conduct special elections not held in
conjunction with a primary, general or statewide special election
entirely by mail. |
Table 18d: States That Allow Elections in Certain Small Jurisdictions to Be Conducted by Mail
| State |
Statute |
Details |
| Idaho |
Idaho Code § 34-308
|
A precinct which contains no more than 140 registered electors at the
last general election may be designated by the board of county
commissioners a mail ballot precinct no later than April 1 in an
even-numbered year.
|
| Minnesota |
Minn. Stat. § 204B.45
|
Elections conducted by a municipality having fewer than 400
registered voters on June 1 of an election year and not located in a
metropolitan county may be conducted by mail. |
| New Jersey |
N.J. Rev. Stat. § 19.62-1
|
A municipality with a population of 500 or fewer persons, according
to the latest federal decennial census, may conduct all elections by
mail. |
| New Mexico |
N.M. Stat. Ann. §§ 1-24-3, 1-6-22.1
|
A county may designate a precinct as a mail ballot election precinct
if it has fewer than 100 voters and the nearest polling place for an
adjoining precinct is more than 20 miles driving distance from the
precinct boundary in question. |
