Slow ballot counting in California is a well-documented challenge that becomes obvious to the public whenever there’s a closely contested race with a tight margin of victory. With the media unable to project a winner, Californians are left to wait for final results as election workers process ballots under the strict requirements and extended timelines required under state law. These delays create an environment where unfounded allegations of wrongdoing can take root, causing trust in the election process to fall.
Fortunately, there’s a clear path to improving ballot processing timelines that some lawmakers are focused on: addressing the two core issues of late-arriving mail ballots and extended ballot curing timelines. While legislation signed into law by Gov. Gavin Newsom in September — Senate Bill 1420 and Assembly Bill 2604 — make positive changes in each of these areas, lawmakers should also consider changing the ballot receipt and curing deadlines to further streamline the mail voting process and deliver faster results in California elections.How Late Mail Ballots Cause Election Outcome Delays
Voting by mail is a longstanding feature of California’s election system and accounted for over 80% of the ballots cast in every general election since the state adopted universal mail voting in 2020. While this convenient method of voting is popular with the public, it creates administrative challenges that can contribute to vote counting delays.
Whether returned through the United States Postal Service (USPS) or dropped off at a drop box or an election office, mail ballots take longer to count than those cast in-person because of the additional processing and security steps involved. These include things like opening envelopes, unfolding ballots and verifying that the signature on the envelope matches the signature on file in the voter registration database. In cases where the signature is missing or does not match, voters then have an opportunity to correct the error.
The additional time required to process mail ballots is not a problem when voters take advantage of California’s 29-day early voting period and return their ballots well in advance. In those cases, election officials can pre-process the ballots as they arrive and notify voters of any issues that need correcting well before Election Day.
The challenge occurs when high volumes of mail ballots arrive right before and on Election Day, which is exactly when California experiences a spike in mail ballot returns at drop boxes and election offices. Compounding this problem is the fact that California will accept ballots that arrive up to seven days late if they are postmarked on or before Election Day and allow voters to correct mail-ballot errors for 22 days after the election.What Can California Do About Late Ballots and Ballot Errors?
To help relieve the pressure on the system, lawmakers approved Senate Bill 1420 this year, designed to increase statewide utilization of an existing voting option known as “Sign, Scan, Go.” Thirty-two counties already offer this option, which allows voters to cast their mail ballot in-person at a polling location after the voter signs the poll book and election officials verify that the individual did not already vote. This streamlines the process by allowing mail voters to place their completed mail ballot directly into a scanner or ballot box, which avoids the time-consuming process of opening envelopes and verifying signatures.
Meanwhile, Assembly Bill 2604 expanded access to technology that allows voters to fix problems with their ballot via text message on a statewide basis. Some counties already offer this service, but voters in other parts of the state must use more time-consuming options for fixing ballot errors such as mailing a form through the USPS, going to an election office in person, or providing information over email. Resolving problems with mail ballots more efficiently allows election workers to complete their counting and finalize results faster.
Lawmakers should also consider requiring that mail ballots arrive by Election Day and shortening the ballot curing time period. Thirty-five states currently have an election day deadline for mail ballots, which provides certainty to election officials around the total number of ballots that need to be processed and acts as a signal to voters to return ballots promptly. At the same time, California’s 22-day ballot curing time period is far longer than most states and could be reduced while still providing ample opportunity to correct errors. Of the 34 states that permit ballot curing, 20 limit the time period to seven days or less.
For decades, mail voting has been a central feature of California elections. To maintain trust in this popular system that provides voters with tangible conveniences, lawmakers should continue to pursue reforms that streamline the system and deliver timely election results that Californians deserve.
Chris McIsaac is a fellow with the R Street Institute’s governance program.