How do voting laws differ by state?
Voter registration, ability to vote by mail, and ID requirements to vote in-person vary by state.
For many of us, “voting” conjures an image of people going to a ballot box on Election Day, but the way voters submit ballots varies from state to state. Some have in-person voting, others have mail-in ballots. Some states allow early voting, and others have day-of voting only.
While the Constitution and Congress establish certain election rules, most elections are run by counties, so state and local governments also create their own voting laws.
What are the voter registration methods and timelines in each state?
Most states provide at least two of three registration options: online registration, mail-in registration, and in-person registration. The requirements and timelines for each vary by state. One state, North Dakota, doesn’t require voter registration at all.
Twenty-one states and Washington, DC, allow same-day in-person registration. Two of these states — Hawaii and Vermont — allow same-day online registration as well. Vermont is also the only state that accepts mail-in registrations received by or on Election Day.
The other 28 states require would-be voters to register anywhere from one to 30+ days in advance.
How are the ballots of people who registered day-of counted?
How are the ballots of people who registered day-of counted?
This process is called same-day voter registration, or conditional voter registration, and the details vary from state to state. Generally, voters register, and then separately, cast a ballot. The ballot is considered a provisional ballot and will be counted only if and when the voter’s eligibility is confirmed.
Twenty-one states and Washington, DC, allow same-day registration.
Registration timelines by method of registration, January 2026
All states and Washington, DC, allow both in-person and mail-in registration (excluding North Dakota, which doesn’t require voter registration).
What are the voter registration requirements in your area?
Registration timelines by method of registration, 2026
Can you register to vote online? Depends on the state.
Most states — 42, plus Puerto Rico, Guam, and Washington, DC, — now offer online registration.
Seven states and three territories do not offer online registrations, so voters in Arkansas, Mississippi, Montana, New Hampshire, South Dakota, Texas, Wyoming, the US Virgin Islands, American Samoa, and the Northern Mariana Islands must submit voter registration forms either by mail or in person.
Seven states and three US territories do not allow online voter registration.
Online registration availability, January 2026
Which states allow mail-in voting?
Every state offers some form of mail-in voting. Although “voting by mail” and “absentee voting” are sometimes used interchangeably and both often refer to mailed-in ballots, they’re not exactly the same.
Voting by mail is a voting method. Eight states — California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont, and Washington — mail ballots to every registered voter. All also offer in-person voting options on Election Day, and seven offer early in-person voting (Oregon doesn’t).
Absentee voting refers specifically to voters who are unable to vote on Election Day. States define “absentee” differently, but it most often means that voters request to submit their ballots by mail, drop-off, or early in-person in states where voting in-person on Election Day is the norm.
Fourteen states require an excuse to vote absentee — circumstances like being out of the county on Election Day, or having a conflicting work shift, illness, or disability that prevents someone from getting to a polling place. In some states, college students living in a different state or county from where they’re registered can also vote absentee.
Fourteen states and five territories require an excuse to vote absentee.
Requirements for general election absentee voting, January 2026
How can voters return mailed ballots?
Twenty-eight states and Washington, DC, have drop boxes where voters can return ballots in person.
Ballot drop boxes are “secure, locked structure where voters can deliver their ballots.” Rules regarding the location, availability, and security of ballot drop boxes vary significantly by jurisdiction. Some states and counties allow unstaffed drop boxes that are available to voters 24/7; others require boxes to be staffed by an election official, so they can only be accessed at set times.
Twenty-two states don’t offer ballot drop boxes. In all but one of these, voters may drop off ballots in person to the county’s election office during specific times. Tennessee prohibits any in-person ballot returns, requiring all absentee ballots to be returned by mail.
For voters who mail their ballots, rules on when ballots must be received or postmarked also vary by state. Some examples from around the country:
- In Ohio absentee ballots must be postmarked no later than the day before the election.
- California voters must postmark ballots on or before Election Day and be received no later than seven days.
- In New Hampshire, absentee ballots must be received by the clerk no later than 5:00 PM on Election Day to be counted.
The US Post Office changed the timing of when mail is postmarked to when the mail is processed (as opposed to when a voter drops it off), except for people who visit a staff operated retail counter and ask for a manual postmark.
Twenty-two states and 5 territories require absentee ballots to be returned by mail, or directly to a county election office.
Absentee/mail ballot drop box availability, January 2026
Which states allow early in-person voting?
Currently, 46 states and Washington, DC, allow early in-person or in-person absentee voting.
Early voting is when a voter casts their ballot before Election Day. As with all other election-related regulations, processes and timelines for in-person early voting vary by state.
In-person absentee voting is when a voter requests an absentee ballot, immediately receives it, and votes, all in one visit.
Alabama, Mississippi, and New Hampshire don’t allow early in-person voting, but do allow absentee voting if the voter requests an absentee ballot and provides an excuse that meets state requirements.
All automatic mail-ballot states, except for Oregon, offer at least one early in-person polling location per county. Oregon does require in-person voting options on Election Day in all counties.
Of the states with early in-person voting, the voting period begins anywhere between five and 50 days before Election Day. It closes anywhere between the day before and a week before Election Day. Pennsylvania polls open the earliest, with early voting starting 50 days before Election Day and closing on the Tuesday before, for 44 days of early voting.
Minnesota and South Dakota have the longest polling periods, each starting 46 days before the election and ending at 5:00 PM the day before.
Kentucky has the shortest early voting window: three days. It begins the Thursday (or five days) before the election and runs through Saturday (or two days) before.
Forty-six states, 5 territories, and Washington, DC, allow in-person early voting.
Which states require identification to vote in-person?
All states require some form of voter identification when registering to vote, and many states that do not typically require identification to vote, will require ID to vote for the first time.
Once a voter has registered or voted for the first time, voter identification rules vary more widely by state. Fourteen states and Washington, DC, do not require voters to show ID at the polls if they have voted before. Twenty-four states require photo ID to vote in-person, and 12 accept alternative forms of ID. Examples of alternative forms of ID often include a government-issued document that shows a voter’s name and address, a current utility bill, or a bank statement.
States also vary on how strict they are about accepting in-person IDs from voters. In strict states, voters without acceptable identification vote on a provisional ballot and must provide a form of valid ID either on or shortly after Election Day for their vote to be counted. Voters may be required to return to an election office by the time polls close or within a few days to present an acceptable form ID. The provisional ballot is discounted if the voter doesn’t return with ID.
“Not strict” states have alternative provisions for voting with a follow-up ID, such as signing an affidavit confirming one’s identity, requiring the signature on the ballot to match the signature of a voter registration card, or having a poll worker can vouch for one’s identity. The specific provisions vary by jurisdiction.
Twenty-four states require photo ID to vote in-person, and 12 accept other forms of ID.
In-person voting ID requirements, January 2026
Learn more about swing states, how red or blue your state is, and get the facts every week by signing up for our newsletter.
