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*State law prescribes the timing of the vote-counting process. Most states allow election workers to remove ballots from their envelopes and confirm the voter¡¯s eligibility before Election Day, sometimes weeks in advance as the ballots arrive at processing centers. Nearly half of states — including Florida, Ohio, and Texas — allow election officials to scan ballots into tabulators ahead of Election Day so that these ballots can be counted immediately and included in results on election night. (No state allows results to be released before then.)
The process is drastically different in a minority of states, including key election battlegrounds such as Michigan, Pennsylvania, and Wisconsin. In those states, election workers are, with few exceptions, prohibited from opening mail ballots before Election Day. Election officials in these states have begged their state legislatures for increased flexibility over the past few years and have been repeatedly rebuffed, including by many legislators who criticized slow counting in 2020 or backed claims that the vote count showed evidence of fraud. Only in Michigan did some cities successfully convince their legislature to allow any processing before Election Day. But even in those rare cases, the time permitted is far less than election officials asked for (just two days before Election Day), and the change came too late for many cities to implement it by the 2022 election. As a result of these legislative failures, state officials in each of these three states are warning voters that counting may go on for at least a day or two after polls close.
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