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Election officials warn that mail-in ballots could be invalidated by postal delays

By Hudson Brooklyn
Election officials warn that mail-in ballots could be invalidated by postal delays

Postmaster General Louis DeJoy says employees are taking “extraordinary measures” to deliver ballots on time, but election officials warn that delays could invalidate votes.

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  • After meeting with Postmaster General Louis DeJoy, election officials remain concerned about “extraordinarily long delivery times,” ballots being held because of billing issues or being returned as undeliverable.
  • DeJoy said nearly all ballots are delivered within seven days and staffers make special efforts to deliver them to election offices.

Election officials and lawmakers fear delays at the U.S. Postal Service could prevent thousands of ballots from being counted this year in what could make for an extremely close presidential race.

State election officials raised alarm in a letter to the postmaster general last month about “extraordinarily long delivery times” as ballots were held up because of billing problems and voter mail was returned as undeliverable.

Delivery delays angered members of Congress, who said consolidation of processing centers had led to sharp declines in on-time delivery of first-class mail in Atlanta; Richmond, Va.; and Green Bay, Wisconsin.

“Voters should never have to worry about whether their ballot will be postmarked on time or arrive at their vote center in time to be counted,” said Rep. David Joyce, R-Ohio.

Postmaster General Louis DeJoy told lawmakers at a House hearing on Sept. 26 that nearly all ballots — more than 99% — are delivered within seven days, which is a few days slower than the agency’s goal of three to five days for first class mail. Employees took “extraordinary actions,” such as removing ballots from the mail stream to give them special treatment and allow them to be delivered on time, he said.

“We are making heroic efforts to beat the times,” DeJoy said.

Election officials, lawmakers and postal officials are urging voters to mail ballots at least seven days before Election Day to ensure they are delivered in time to be counted — even though more than a dozen states have rules requiring ballots only can be sent on election day and still be valid.

Here’s what we know about concerns with the Postal Service:

“Vote from your couch”: Postal voting is becoming increasingly popular

Due to the huge increase in mail-in voting for the 2020 election during the coronavirus pandemic, mail-in ballots are taking center stage. According to a report from the Massachusetts Institute of Technology, the number of mailed ballots more than doubled from 2016 to 2020, rising from 28.8 million to 66.4 million. More than 43% of voters mailed their ballots in 2020, up from 24.5% in 2016, according to the U.S. Election Assistance Commission.

“They want to vote from their couch. “They want to vote from their kitchen table,” said Steve Simon, Minnesota secretary of state and president of the National Association of Secretaries of State. “It’s convenient for them, their families and their lives.”

About 60% of Democrats said they voted by mail in 2020, compared to 32% of Republicans, according to polls.

Former President Donald Trump, the Republican presidential nominee, has long criticized mail-in voting and occasionally encouraged his supporters to use it. In a Sept. 15 post on Truth Social, he called the Postal Service “a poorly run mess” and questioned how it could be trusted to run this year’s election.

‘A really big deal’: Election officials say absentee ballots are increasingly being returned as undeliverable

Most states require ballots to arrive by mail by Election Day. However, according to the National Conference of State Legislatures, 14 and the District of Columbia allow a grace period of one to 14 days as long as ballots are postmarked by Election Day.

The National Association of Secretaries of State and the National Association of State Election Directors wrote a letter to DeJoy, the postmaster general, on Sept. 11 expressing concerns about slow mail delivery. Members of the groups have met with DeJoy twice.

“I would say there are some unresolved concerns,” Simon said after meeting with DeJoy on Oct. 1. “We just need some lasting assurances that the Postal Service will keep its job up to date.”

Election officials reported that mail sent to voters – informational emails, voter confirmation cards and ballots – was returned as undeliverable at higher than usual rates, even if a voter was known not to have moved.

Sen. Jon Ossoff, D-Ga., called on the Postal Service’s inspector general to open an investigation in June after Fulton County, Georgia, found that 1,100 pieces of court mail such as notices, hearings or court orders never reached their intended recipients. The inspector general has not yet announced any findings.

Voters could miss their ballots and even be removed from the registration list because mail is returned to sender.

“This particular issue is a really big deal,” Simon said.

“Sound the alarm”: Ballots that arrive late could be discarded

According to the agency’s inspector general, over the past three months, the Postal Service delivered 85.6% of first-class mail nationwide within two days, despite the goal being to reach 93% that quickly. If voters relied on a ballot to arrive at the election office so quickly, millions of ballots could arrive too late to be counted.

“That’s an enormous number of voters,” said Hans von Spakovsky, an election law expert at the conservative Heritage Foundation.

State election officials complained about “extraordinarily long delivery times” after several states reported receiving dozens to hundreds of ballots each 10 or more days after they were postmarked during the primary election.

Kansas Secretary of State Scott Schwab said nearly 1,000 mailed ballots – 2% of the statewide total for the Aug. 6 primary election – could not be counted because they arrived after the state’s three-day grace period or without a postmark. More and more ballots are being received. The lack of postmarks contradicts the agency’s website, which states that it is the agency’s policy to “postmark all ballots.”

“That’s why we’re sounding the alarm now,” said Schwab.

According to the Postal Service, only 36% of first-class mail in the Atlanta area arrived on time in March, but that figure was 83% in June.

DeJoy explained that consolidating postal facilities to increase efficiency – and moving thousands of employees from multiple locations to a single new building in Palmetto, Georgia – has led to delays.

“We will deliver Georgia’s ballots without any problem,” he said.

Lawmakers complained that on-time deliveries in Green Bay and Richmond fell 20 percentage points this year under experimental programs, placing them among the second- and fourth-worst areas in the country for on-time delivery.

DeJoy compared experimental programs to move mail more efficiently to NASA’s rocket tests.

“The first rockets that went to the moon exploded,” he said.

“Thank you for blowing up Wisconsin,” said Rep. Mark Pocan, D-Wis.

Republicans are calling for an Election Day deadline for mail-in ballots

The Republican National Committee filed lawsuits to ensure that mailed ballots are filled out correctly and not counted unless they are received on Election Day.

A federal lawsuit filed by the RNC in Mississippi seeks to limit mailed ballots that are counted to those that arrive by Election Day, in contrast to a state law that allows a five-day grace period for ballots postmarked by Election Day become.

State election officials and Democrats are struggling to meet grace periods so that mailed ballots arrive after Election Day. Military members and voters abroad are at greater risk of having their votes not counted due to mail delays, Democrats said.

A U.S. district court upheld the state’s deadline in July and Republicans appealed. The 5th U.S. Circuit Court of Appeals heard arguments on September 24. Legal experts believe the case could reach the Supreme Court.

Mail-in ballots at least a week before the election, officials say

Despite concerns about the postal service, election officials and lawmakers said they don’t want to stop anyone from voting by mail.

“I am pleased that mail-in voting is still a very viable and very safe option for the growing number of Americans who choose to vote this way,” Simon said. “I don’t want anyone to get the impression that they shouldn’t vote by mail.”

Election and postal officials suggested mailing ballots at least a week before Election Day and checking with local authorities to see if they had arrived.

“As Halloween approaches, call the (local elections) office and make sure they have received your ballot,” Schwab said.

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