Does It Count In New York If A Voter Votes Early, Then Dies Before The Election?

This question doesn't cover politics, but life itself. Does a vote count in New York State for early voting/absentee/mail ballot if the person dies before the election?

Honestly, this question didn't cross this authors mind because of a conspiracy theory of political parties, but a serious shower thought moment. Luckily, I'm not alone.

NCSL represents the legislatures in the states, territories and commonwealths of the US. They wrote an article titled "Counting Absentee Ballots After a Voter Dies, When an eligible voter casts an absentee (or mail) ballot, then dies before the election, does the ballot still count?"

What Are The Rules In New York State?

So what were the findings for New York State?

In Colorado, Kansas and New York, absentee ballots can be challenged on the grounds that a voter died before the day of the election. After investigation, if evidence shows that the voter has died, the challenge is sustained and the ballot will be rejected."

So, if someone casts an early vote in New York State, then dies before the election, the vote can be rejected. However, it must be challenged. So what happens if it isn't challenged: Spectrum News reports New York votes COULD be counted:

Spectrum News found at least 29 states where those votes would count. Nine states have laws that explicitly accept ballots from people who vote early, but die before Election Day. Another 20 state election offices, including New York, Ohio, and Texas, told Spectrum News they don’t have a law on the books, but would accept the votes.

From their findings, 10 states, including Wisconsin, have laws that ban those ballots from being accepted. Five states, including North Carolina and Kentucky, don’t have a law on the books, but say they would not accept the ballots.

What Are The Rules In Other States?

Ten states (Arkansas, Florida, Hawaii, Louisiana, Maryland, Massachusetts, Montana, North Dakota, Tennessee and Virginia) have statutes that explicitly permit counting absentee ballots cast by voters who die before Election Day; one state-Connecticut-only counts these ballots if the deceased voter is a member of the armed services. Nine states (Delaware, Illinois, Indiana, Iowa, Missouri, New Hampshire, New Jersey, Pennsylvania and Wisconsin) have statutes that explicitly prohibit counting absentee ballots cast by voters who die before Election Day.

So pretty much to sum it up, the votes wont be counted....for the most part:

As a practical matter, it is hard to retrieve ballots from people who have died between casting their votes and Election Day. Once the absentee ballot has been verified and removed from the envelope for counting, the ballot cannot be retraced to the voter."

If you don't believe us, you can check out the rules online here. It’s difficult to estimate how many people vote early and then die before election day.