NCSL - National Conference of State Legislatures
01/14/2026 | Press release | Distributed by Public on 01/14/2026 11:08
Electronic Ballot Return
Related Topic: Elections
Electronic ballot return, also known as online voting or internet voting, refers to any method by which a voted ballot is returned electronically whether via email, fax or online portal.
Thirty-two states, Washington, D.C., and the Virgin Islands allow certain voters-typically military or overseas voters, or voters with disabilities-to return voted absentee/mail ballots electronically, via fax, email or through an online portal.
Proponents of electronic ballot return emphasize convenience and accessibility, arguing that allowing electronic ballot return can help eligible voters who meet certain standards, such as serving overseas in the military, ensure their votes are submitted in time to be counted.
Opponents underscore cybersecurity concerns, citing long-standing research from cybersecurity experts and a recent interagency federal risk assessment that indicate returning ballots electronically carries risk of compromise.
Background
Electronic Delivery of Blank Ballots: 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 an 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.
Note: UOCAVA voters from any state can also vote by using an online Federal Write-In Absentee Ballot (FWAB) offered by the Federal Voting Assistance Program (FVAP). The FWAB is intended as a backup ballot for voters who do not receive a ballot from their jurisdiction. It can be marked electronically using FVAP's online ballot marking tool, then printed, signed and returned to the appropriate stateside local election office.
Returning Ballots Electronically
UOCAVA Voters: Returning ballots electronically is most often reserved for UOCAVA voters. These voters can face unique challenges, such as unreliable foreign postal systems, in receiving and returning absentee/mail ballots by state deadlines.
- Thirty-two states, Washington, D.C., and the Virgin Islands allow UOCAVA voters to return a voted absentee/mail ballot by fax.
- Twenty-five states, Washington, D.C., and the Virgin Islands allow UOCAVA voters to return a voted absentee/mail ballot by email. (NOTE: in Arizona, only some counties allow email return.)
- Eleven states allow UOCAVA voters to return a voted absentee/mail ballot through an online portal. (In Oregon and Utah, only some counties allow return through an online portal.) Some online portals allow 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.
See details in the table below.
Voters with Disabilities: Thirteen 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.)
See details in the table below.
Others: A few states allow electronic ballot return in other limited circumstances, such as during certain emergencies or natural disasters (Colorado) or for qualified first responders (Utah). In Louisiana, all absentee voters have the option of returning a voted absentee ballot by fax (note that in Louisiana, voters must provide a qualifying excuse to vote an absentee ballot).
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Filter by States / Territories
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Table: Electronic Return of Voted Absentee Ballots
| State | Fax (over phone or internet) | Online Portal | Who Can Use Electronic Return | |
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Alabama Ala. Code1975 § 17-11-45 |
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Alaska AS § 15.20.066 |
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Arizona A.R.S. § 16-543 |
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California West's Ann.Cal.Elec.Code § 3106 |
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UOCAVA voters, only if overseas or activated within six days of the election |
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Colorado C.R.S.A. § 1-5-706, § 1-7.5-115, § 1-8.3-113, 8 CCR 1505-1:16 |
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Note: In some instances, Colorado allows voters experiencing a personal emergency or natural disaster to use electronic ballot return. |
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Delaware 15 Del.C. § 5525, § 5503 |
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District of Columbia |
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Florida West's F.S.A. § 101.697 |
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UOCAVA voters, if living outside the U.S. |
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Hawaii HRS § 15-5 |
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Note: In some instances, voters who request an absentee/mail ballot and do not receive it within five days of an election may return a ballot electronically. |
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Indiana IC 3-11-4-6 |
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Iowa N/A |
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UOCAVA voters, only if located in a hostile fire area or overseas as a uniformed service member |
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Kansas K.S.A. 25-1216 |
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Louisiana LSA-R.S. 18:1308(A)(h)(i) |
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UOCAVA voters only, and only |
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UOCAVA voters Absentee voters, including voters with disabilities, only if the request is made at the time of application |
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Maine 21-A M.R.S.A. § 783, § 809-A |
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● UOCAVA voters only |
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Massachusetts M.G.L.A. 54 § 95 |
● UOCAVA voters only |
● UOCAVA voters only |
● Voters with disabilities only |
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Michigan |
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Mississippi Miss. Code Ann. § 23-15-699 |
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Missouri V.A.M.S. 115.916 |
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UOCAVA voters, only if serving or living in a hostile fire area |
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Montana MCA 13-21-106 |
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Nebraska N/A |
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UOCAVA voters, only with prior approval |
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Nevada N.R.S. 293D.200, 293.269951 |
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New Jersey N.J.S.A. 19:59-10 |
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UOCAVA voters, who must also send a hard copy of the ballot via postal mail |
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New Mexico N. M. S. A. 1978, § 1-6B-8 |
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North Carolina N.C.G.S.A. § 163-258.10 |
● UOCAVA voters only |
● UOCAVA voters only |
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North Dakota NDCC, 16.1-07-24 NDCC, 16.1-07-08 (3)" |
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Voters with disabilities |
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Oklahoma 26 Ok.St.Ann. § 14-145 |
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Oregon O.R.S. § 253.690 |
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● (in two counties only) |
UOCAVA voters |
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Rhode Island Gen.Laws1956, § 17-20-6.1, 17-20-9 |
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Only if the ballot |
Voters with disabilities |
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South Carolina Code 1976 § 7-15-690 |
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Texas |
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UOCAVA voters, only if serving or living in a hostile fire area |
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Utah U.C.A. 1953 § 20A-16-404, § 20A-3a-201, § 20A-6-103 |
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● UOCAVA voters only |
● (in two counties only) |
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Virgin Islands 18 V.I.C. § 665 |
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Washington West's RCWA 29A.40.091 |
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West Virginia W. Va. Code, § 3-3-1(c), § 3-3-5 |
● UOCAVA voters only |
● UOCAVA voters only |
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Security and Other Considerations for Adopting Electronic Ballot Return
Electronic ballot return allows eligible voters to cast their ballots online, and to meet absentee/mail ballot deadlines more conveniently. The benefits of timeliness and convenience must be balanced by other considerations, especially privacy and security.
- Privacy: Because election officials can identify the person who returned a ballot electronically, such ballots cannot be fully anonymous. Privacy of the ballot is a tenet of modern democracy.
- Cybersecurity: Federal security agencies, academic researchers and cybersecurity experts broadly agree that voted ballots transmitted over the internet are vulnerable to cyberattacks, such as hacking that could change a person's votes or denial of service attacks that could prevent voted ballots from getting through.
- Voter coercion: The possibility that a voter could be coerced into voting a certain way is a consideration for electronic ballot return, as well as for traditional absentee/mail voting.
- Auditability: Electronic ballot return does not provide a paper record. Without a paper record election results cannot be audited and a cyberattack may be undetectable.
- Authentication: Election officials must determine how to verify the identity of the voter. Alaska, for example, requires that an electronically returned ballot be accompanied by two authentication documents that must be printed and signed by the voter and a witness.
- Inconvenience for the local election official: For the electronically returned ballot to be tabulated, each one must be duplicated-typically by a bipartisan team-which creates an additional work burden on the local election office.
Additional Resources
- Electronic Ballot Delivery and Marking, Cybersecurity and Infrastructure Security Agency
- Federal Voting Assistance Program, U.S. Department of Defense
- Access to and Usage of Faxing by Military & Overseas Voters, Overseas Voting Initiative, The Council of State Governments (July 2022)
- Examining the Sustainability of Balloting Solutions for Military & Overseas Voting, Overseas Voting Initiative, The Council of State Governments (2019)
- Risk Management for Electronic Ballot Delivery, Marking and Return, Cybersecurity and Infrastructure Security Agency, Federal Bureau of Investigation, National Institute of Standards and Technology, U.S. Election Assistance Commission (2020)
- Securing the Vote, National Academies of Science, Engineering and Medicine (2018)
- Working Group Statement on Developing Standards for Internet Ballot Return, Center for Security in Politics, University of California at Berkeley (December 2022)
- Casting Votes Safely: Examining Internet Voting's Dangers and Highlighting Safer Alternatives, Verified Voting (October 2023)
Note: This page should be used for general informational purposes only.
Our organization does not run elections and cannot provide legal advice. If you are a voter looking for assistance, please contact your local election official. You can find your local election official's website and contact information by using this database from the US Vote Foundation.
NCSL - National Conference of State Legislatures published this content on January 14, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on January 14, 2026 at 17:08 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]