Whether an early vote counts after a voter dies depends on the state. Some states have laws on the books in either direction, and other states do not have laws on the matter. Here is what the laws are in different states.

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In 26 states, an early ballot counts — even if a voter dies before the election

In 26 states and the District of Columbia, laws on the books protect and count voters’ early ballots even if they die before Election Day.

In Arkansas, California, Florida, Georgia, Hawaii, Idaho, Louisiana, Maine, Maryland, Massachusetts, Montana, Nebraska, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington state, Washington, D.C., and West Virginia, votes cast by eligible voters who then die on or before Election Day will be counted, according to the states’ laws and a report from Verify. The ballot must be submitted or postmarked before the voter dies for it to count in most states.

Connecticut counts ballots cast by armed forces members who have died prior to Election Day. The state will also count in-person early votes cast by people who die prior to Election Day, but it will not count mail-in votes cast by people who die prior to Election Day, according to CT Insider.

In 14 states, those early ballots won’t count

There are laws or election rules in 14 states that prohibit voters’ ballots from counting if they die prior to Election Day.

In Delaware, Illinois, Indiana, Iowa, Michigan, Missouri, New Hampshire, New Jersey, Pennsylvania, and Wisconsin, laws state that election officials must reject the ballots of voters who die before Election Day. Attorneys general opinions in Kentucky and Mississippi also prevent deceased voters’ ballots from counting, according to the National Conference of State Legislatures.

Mail-in votes from people who die before Election Day can be challenged and, if proven, rejected in Colorado and Kansas.

10 states don’t have a clear policy

In 10 states, there is no law or official opinion given regarding whether a vote cast early by a voter who then dies before Election Day would count.

The states without official laws on the matter or clear guidance on what happens to these votes include Alabama, Alaska, Arizona, Minnesota, Nevada, New Mexico, North Carolina, South Dakota, Texas, and Wyoming.

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The most famous elderly voter, former President Jimmy Carter, has already cast his ballot in Georgia. While there is no specific law about whether it would count if he dies before Tuesday, a 2020 WSBTV report indicates that it would because of the state’s privacy laws, which make it nearly impossible to remove such a ballot.

The early voting period in most states that offer it ends during the weekend before the election on Tuesday, with regular in-person voting occurring most of the day on Election Day.