Mail-In Ballot Collection (aka Ballot Harvesting)

^{Last updated June 2022}

Election experts say the term “ballot harvesting” came into use as a partisan term intended to disparage the practice of collecting mail-in ballots, and neutral sources therefore prefer “ballot collection.”^[4]Amber Phillips, “What Is Ballot ‘Harvesting,’ and Why Is Trump So Against It?,” washingtonpost.com, May 26, 2020 The University of Washington’s Center for an Informed Public notes that “harvesting” has become normalized by media coverage, but some still object to its use.^[5]Mike Caulfield, Kayla Duskin, Stephen Prochaska, Scott Philips Johnson, Annie Denton, Zarine Kharazian, and Kate Starbird, “The Rise of “Trafficking” Language in Ballot Collection … Continue reading^[6]Amy Sherman, “What Is Ballot Harvesting, and Why Is Trump Tweeting About It During an Election-year Pandemic?,” politifact.com, May 29, 2020 The US Election Assistance Commission included “ballot harvesting” in its Glossary of Election Terminology published in July 2021.^[7]US Election Assistance Commission, “Glossary of Election Terminology,” eac.gov, July 16, 2021

The legality of ballot collection varies by state. At the time of the 2020 election, all states allowed some form of voting by mail^[8]Juliette Love, Matt Stevens, and Lazaro Gamio, “Where Americans Can Vote by Mail in the 2020 Elections,” nytimes.com, August 14, 2020 and a total of 36 states plus DC allowed some form of ballot collection.^[9]Ballotpedia, “Ballot Harvesting (Ballot Collection) Laws by State,” ballotpedia.org, accessed on June 21, 2022 In 25 of those states and DC, the voter could choose anyone to return their ballot. In the remaining 11 states, laws specified that only certain people were allowed to return a ballot on behalf of a voter, such as a family member or caregiver.^[10]Ballotpedia, “Ballot Harvesting (Ballot Collection) Laws by State,” ballotpedia.org, accessed on June 21, 2022

Supporters of ballot collection argue that it enfranchises low-income, rural, elderly, and infirm voters who either work multiple jobs, do not have a reliable mail service, or can’t easily access transportation to get to the polls.^[11]John Fritze, “Supreme Court Upholds Arizona Ban on Ballot Collection as States Race to Pass Voting Restrictions,” eu.usatoday.com, July 1, 2021^[12]Ballotpedia, “Arguments for and Against Ballot Harvesting/Ballot Collection,” ballotpedia.org, accessed on June 21, 2022^[13]Native American Rights Fund, “Opposition to the Ban on So-Called ‘Ballot Harvesting’,” narf.org, March 5, 2019 It is argued that restrictions on the submission of ballots would discourage people from voting^[14]Henry H. Brechter, “Illegal Ballot Harvesting Caused a Do-Over House Election in North Carolina. What Are the Pros and Cons?, allsides.com, September 10, 2019 and undermine a civil right.^[15]Henry H. Brechter, “Illegal Ballot Harvesting Caused a Do-Over House Election in North Carolina. What Are the Pros and Cons?, allsides.com, September 10, 2019

Opponents of ballot harvesting argue that it increases the possibility of voter fraud such as the failure to deliver collected ballots^[16]Alexandra Popke, Haley Schwab, and Christopher Wan, “Ballot Collection Laws and Litigation,” lawfareblog.com, October 22, 2020 or repeated votes using out-of-date registrations,^[17]Katy Grimes, “U.S. Supreme Court Overrules 9th Circuit on Ballot Harvesting,” californiaglobe.com, July 6, 2021 voter intimidation or coercion, and other illegal activities.^[18]Henry H. Brechter, “Illegal Ballot Harvesting Caused a Do-Over House Election in North Carolina. What Are the Pros and Cons?, allsides.com, September 10, 2019^[19]John Fritze, “Supreme Court Upholds Arizona Ban on Ballot Collection as States Race to Pass Voting Restrictions,” eu.usatoday.com, July 1, 2021 Opponents also claim there is an increased chance of damage to ballots being collected compared to those filled out in the polling station.^[20]National Conference of State Legislatures, “Voting Outside the Polling Place: Absentee, All-Mail and other Voting at Home Options,” ncsl.org, March 15, 2022

According to a July 2020 Pew Research Center study, 65% of Americans supported early or absentee voting without needing to give a reason, while 60% of Americans said that “changing election rules to make it easier to register and vote would not make elections any less secure,” versus 37% who thought it would.^[21]Vianney Gómez and Bradley Jones, “As COVID-19 Cases Increase, Most Americans Support ‘No Excuse’ Absentee Voting,” pewresearch.org, July 20, 2020

II. Allegations of Illegal Ballot Harvesting in 2020

Dinesh D’Souza, conservative commentator and film maker, in conjunction with True the Vote, a Texas-based conservative organization, released a film titled 2000 Mules in May 2022. The film alleged large scale voter fraud in excess of 400,000 illegal votes “harvested” by 2,000 ballot “mules.” True the Vote said it cross-referenced “geospatial information and ballot drop box surveillance video from counties and cities in Georgia, Arizona, Wisconsin, Michigan and Pennsylvania … to determine who visited drop box location zones multiple times.”^[22]Bill McCarthy and Amy Sherman, “The Faulty Premise of the ‘2,000 Mules’ Trailer About Voting by Mail in the 2020 Election,” politifact.com, October 20, 2020

The film made the following claims as evidence of ballot harvesting:^[23]Reuters Fact Check, “Fact Check-Does ‘2000 Mules’ Provide Evidence of Voter Fraud in the 2020 U.S. Presidential Election?,” reuters.com, May 27, 2022

• 2,000 ballot “mules” were hired to illegally submit potentially fake absentee ballots, including 242 people in Georgia, 200+ in Arizona, 100 in Wisconsin, 500+ in Michigan, and 1,000+ in Pennsylvania.
• “Mules” were hired by unnamed non-profit organizations and paid $10 for each fake ballot they submitted.
• Approximately 400,000 illegal ballots were collected to the benefit of Joe Biden.
• By tracking cell phone locations to non-profits and drop boxes, “mules” could be identified.
• The geospatial information used to track cell phone locations has the reliability of a fingerprint and is accurate to between 12 and 18 inches.
• Surveillance videos provide visual proof of illegal ballot collection.^[24]Robert Farley, “Evidence Gaps in ‘2000 Mules’,” factcheck.org, June 10, 2022

Nonpartisan fact checks have disputed the findings in the film:

• All states covered in the film either explicitly or implicitly permit third-parties to submit absentee or mail-in ballots on behalf of another voter (see Section III). In Georgia, investigators concluded that in three cases, video evidence of allegedly illegal activity in the film actually showed people legally dropping off ballots.^[25]Robert Farley, “Evidence Gaps in ‘2000 Mules’,” factcheck.org, June 10, 2022
• There is no evidence in the film showing that any of the 400,000 allegedly “harvested” ballots were fraudulent,^[26]Robert Farley, “Evidence Gaps in ‘2000 Mules’,” factcheck.org, June 10, 2022 and the process to falsify a ballot is so complex as to make the numbers claimed very unlikely, according to experts.^[27]Reuters Fact Check, “Fact Check-Does ‘2000 Mules’ Provide Evidence of Voter Fraud in the 2020 U.S. Presidential Election?,” reuters.com, May 27, 2022
• Drop boxes and non-profit offices tend to be in high traffic, busy areas, so it’s likely that people moved past them as part of their daily routines, not to submit ballots. Additionally, some of the people tracked and named as “mules” may have been election officials carrying out their due diligence.^[28]Reuters Fact Check, “Fact Check-Does ‘2000 Mules’ Provide Evidence of Voter Fraud in the 2020 U.S. Presidential Election?,” reuters.com, May 27, 2022
• The accuracy of geospacial location data from cell phones “varies widely based on numerous factors that include signal strength, the type of cellphone being used, and atmospheric conditions like whether the cellphone is in a dense urban area or not.”^[29]Robert Farley, “Evidence Gaps in ‘2000 Mules’,” factcheck.org, June 10, 2022 Research from Purdue University and AT&T predicts that average geospacial location error is between 2 and 10+ meters, not 12 and 18 inches, as claimed in the film.^[30]Reuters Fact Check, “Fact Check-Does ‘2000 Mules’ Provide Evidence of Voter Fraud in the 2020 U.S. Presidential Election?,” reuters.com, May 27, 2022
• The video footage of drop boxes used in the movie does not show people returning ballots to multiple locations, an omission that D’Souza said was due to grainy footage or lack of surveillance.^[31]Robert Farley, “Evidence Gaps in ‘2000 Mules’,” factcheck.org, June 10, 2022

Positive Response

Donald Trump encouraged people to see 2000 Mules. “Every American must see this movie. It’s the most important political documentary ever made, because it reveals with irrefutable proof what really happened in the 2020 Election,” Trump wrote in a statement on his website.^[32]Donald Trump, “Statement by Donald J. Trump, 45th President of the United States of America,” donaldjtrump.com, May 11, 2022 Trump had previously issued a pardon for D’Souza, who was convicted of making illegal campaign contributions in a 2012 Senate race.^[33]Jordan Fabian, “President Trump Pardons Dinesh D’Souza,” thehill.com, May 31, 2018

According to a June 2022 survey of 1,000 likely US voters by Rasmussen Reports, 77% of those who have seen the film say that it “strengthened their conviction that there was systematic and widespread election fraud in the 2020 election” including 85% of Republicans, 68% of Democrats and 77% of unaffiliated voters.^[34]Rasmussen Reports, “‘2000 Mules’: Documentary’s Message Resonates With Voters,” rasmussenreports.com, June 3, 2022

In response to the allegations of illegal ballot harvesting flagged in this film, 17 Republican lawmakers in Michigan are calling for the Attorney General to investigate offenses committed in their state.^[35]Ben Orner, “17 Michigan Lawmakers Want AG to Investigate Debunked “2000 Mules” Claims,” mmlive.com, June 16, 2022

Critical Response

Bill Barr, former US Attorney General under Donald Trump and George H.W. Bush, said that 2000 Mules is “singularly unimpressive … If you take 2 million cell phones and figure out where they are physically in a big city like Atlanta or wherever, just by definition, you will find many hundreds of them have passed by and spent time in the vicinity of these boxes,… [the photographic evidence] is lacking. It doesn’t establish widespread illegal harvesting.”^[36]Jon Greenberg, Bill McCarthy, and Amy Sherman, “Former AG Bill Barr Discredited the ‘2,000 Mules’ Voter Fraud Film in a Jan. 6 Hearing,” poynter.org, June 15, 2022

Sara Tindall Ghazal, Georgia State Election Board member, said, “the analysis is flawed and the assertions there are wholly unsupported by any evidence that I have been provided. … Aside from individual, isolated instances that I can count on one hand, with fingers to spare, I’ve seen no credible evidence of any organized effort of unauthorized persons delivering ballots, let alone widespread invalid votes being cast.”^[37]Robert Farley, “Evidence Gaps in ‘2000 Mules’,” factcheck.org, June 10, 2022

III. Election Results and Drop Box Laws in Five States

A. State	B. Election Result[38]New York Times, “Presidential Election Results: Biden Wins,” nytimes.com (accessed June 20, 2022)	C. Who May Return Absentee/Mail-in Ballot?	D. Drop Box Laws[39]National Conference of State Legislatures, “Table 9: Ballot Drop Box Laws,” ncsl.org, February 14, 2022
1. Arizona	Biden: 1,672,143 Trump: 1,661,686 Biden won by 10,457 votes (0.31%)	Absentee ballots may be returned by a family member, household member, or caregiver of the voter. Anyone else who collects marked or unmarked ballots is guilty of a class 6 felony ARS Rev Stat § 16-1005	Must be clear and visibly marked in a secure location accessible to all. All boxes should have an opening slot that is not large enough for deposited ballots to be removed through it See the Arizona Election Procedures Manual for more information.
2. Georgia	Biden: 2,473,633 Trump: 2,461,854 Biden won by 11,779 votes (0.24%)	The absentee ballot of a physically disabled voter may be returned by an adult family member or household member. GA Code § 21-2-385	At least one drop box per county, under constant surveillance, clearly labeled and with signage detailing who is allowed to return absentee ballots. Opening slot shall not allow ballots to be tampered with or removed and shall be designed to minimize the ability for liquid or other substances that may damage ballots to be poured in Ga. Code § 21-2-382
3. Michigan	Biden: 2,804,040 Trump: 2,649,852 Biden won by 154,188 votes (2.83%)	Absent voter ballots may be returned by family members or household members. The clerk who issued the ballot may pick it up upon request. MI Law § 168.764a	Drop boxes may be offered, must be in a public, well-lit area, clearly labeled and secured to prevent removal of deposited ballots or the box itself. Must be equipped with a single slot or mailbox-style lever and be under video surveillance M.C.L.A. 168.761d, 168.764a
4. Pennsylvania	Biden: 3,459,923 Trump: 3,378,263 Biden won by 81,660 votes (1.19%)	A voter with a disability may designate in writing a person to return their absentee ballot. The law says that “a single person may serve as the authorized representative for multiple qualified electors,” but the designated agent form says a person may only be designated by one household. 25 Pa. Stat. § 3146.2a	Drop boxes were first permitted prior to the 2020 election but there are no explicit statutory provisions[40]See also: Pennsylvania Democratic Party et al., v. Kathy Boockvar, et al. for more information
5. Wisconsin	Biden: 1,630,866 Trump: 1,610,184 Biden won by 20,682 votes (0.64%)	The law does not specify whether someone other than the voter may return the absentee ballot, but it does say “The envelope shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots.” W.S.A. 6.87	Use is permitted but there are no explicit statutory provisions[41]See also: Democracy Docket, “Wisconsin Drop Boxes: The Republicans’ Latest Attack,” democracydocket.com, April 11, 2022

IV. Ballot Collection Legislation

Two states took differing approaches to ballot collection in 2016. In California, Governor Jerry Brown (D) signed Assembly Bill 1921, making it legal for any person to collect and submit a mail-in ballot so long as they do not receive any compensation per number of ballots collected; previously only family members of the voter could collect and submit a ballot.

By contrast, Arizona enacted House Bill 2023, stating that “any person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 felony,” unless they are a family member, household member, or caregiver of the voter. In 2020, a federal appeals court struck down the law, deeming it in violation of the Voting Rights Act and the 15th Amendment and ruling that it had an unequal impact on minority voters.^[42]Jessica Lusamba, “Federal Appeals Court Rejects Arizona Ballot Collection Law,” jurist.org, January 28, 2020 In 2021, the US Supreme Court reinstated the law in a 6-3 opinion, “declaring that unequal impact on minorities in this context was relatively minor, that other states have similar laws and that states don’t have to wait for fraud to occur before enacting laws to prevent it.”^[43]Nina Totenberg, “The Supreme Court Deals A New Blow To Voting Rights, Upholding Arizona Restrictions,” npr.org, July 1, 2021

In response to the COVID-19 pandemic in 2020, some states enacted provisions to aid participation in elections. In Nevada, for example, mail-in voting was extended to all voters to help them vote safely during the pandemic. In 2021, these provisions were made permanent under Assembly Bill 321 and permitted “a person authorized by the voter” to “return the mail ballot on behalf of the voter by mail or personal delivery to the county clerk, or any ballot drop box.”^[44]Nevada State Assembly, “Assembly Bill No. 321” leg.state.nv.us, 2021

The US House of Representatives passed (220-210) H.R.1 – For the People Act 2021 in 2021, enacting provisions that “would ensure that every voter could designate a third party to return ‘a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office’ as long as the third-party person or group ‘does not receive any form of compensation’ for doing so.”^[45]No Labels, “Five Facts on Vote ‘Harvesting’ in the US, realclearpolicy.com, January 14, 2022 The bill was sent to the Senate but failed on a 50-50 vote that was then blocked further by a Republican filibuster.^[46]Brian Slodysko, Christina A. Cassidy, and Lisa Mascaro, “GOP Filibuster Blocks Democrats’ Big Voting Rights Bill,” apnews.com, June 23, 2021

After Trump’s election loss in 2020, the idea that voting by mail and ballot harvesting were culpable for widespread voter fraud led some states to place restrictions on third-party ballot collection, for example:

• Iowa – Governor Kim Reynolds (R) signed Senate File 568 restricting ballot collection for submission on behalf of another voter to two ballots per person per election;
• Kentucky – House Bill 574 was enacted. While this bill extends access to early voting, creates new voting centers, and increases mail-in and absentee ballot provisions, it also bans community collection of ballots, meaning only family members, household members, or caregivers, can submit a ballot on behalf of another voter;^[47]Democracy Docket, “Kentucky’s Democratic Governor Signs Pro-Voting Legislation,” democracydocket.com, April 8, 2021
• Wisconsin – the state Supreme Court ruled (4-3) in favor of a ban on the use of drop boxes and ballot return assistance (ballot collection and submission on behalf of another voter) to start during the state’s local 2022 spring elections.^[48]Zach Montellaro, “Wisconsin State Supreme Court Lets Ban on Drop Boxes Go Into Effect for Spring Election,” politico.com, February 11, 2022^[49]Law Forward, “Drop Box Update,” lawforward.org, accessed on June 22, 2022

Similar bills have been proposed by Republicans in Idaho and Utah, and a Republican petition initiative is seeking to repeal the 2021 extension of voting by mail and ballot collection provisions in Nevada.^[50]Democracy Docket, “Idaho Republicans Introduce Voter ID Law and Ballot Collection Ban,” democracydocket.com, February 16, 2022^[51]Democracy Docket, “Utah Republicans Introduce Bill to Limit Voting and Repeal Mail-In Voting System,” democracydocket.com, February 16, 2022^[52]Democracy Docket, “A Tale of Two Ballot Initiatives,” democracydocket.com, February 24, 2022