http://ap.google.com/article/ALeqM5g51lYdB8i6BdEmw53fQR5sVl9JqAD924CPPO4If you vote by mail, but die before Election Day, does your vote count? It depends on where you lived.
Oregon counts ballots no matter what happens to the voter. So does Florida. But in South Dakota, if you die before the election, so does your vote.
There are no military standards governing voting by soldiers. Rather, their mailed-in ballots are counted at the individual election districts where they are registered to vote. But like civilian votes, no one keeps track of whether the ballots of soldiers are thrown out because they died after casting them.
"No one can tell you that," said Susan Dzieduszycka-Suinat, head of the Overseas Voting Foundation in Munich. "Every single election jurisdiction can do it the way it wants. And there are more than 7,000 of them."
Thirty-one states allow some form of early voting.
Ballots cast by the dead are usually the focus of fraud allegations, as happened in Washington's extremely tight 2004 gubernatorial race, decided by a margin of 129 votes out of 3 million cast. More than a dozen ballots were linked to dead people.
But some advocates say legitimate, mail-in votes from people who die before Election Day should be counted, particularly in rural elections, where races can hang on a handful of votes.
"In Montana, there have been several legislative seats decided by one, two, three votes," said Tim Storey of the National Conference of State Legislatures, an organization that recently looked at 12 mostly Western states and found that half have no rules governing ballots of the deceased.
Those remaining states — Colorado, Idaho, Minnesota and Utah — demand that such ballots be rejected, leaving Montana and Oregon as the only states that count them.
In California's San Diego County, for example, 45 percent of the presidential vote arrived by mail. Similar numbers surfaced across the country. Election experts have predicted that as many as 25 percent of voters will vote by mail in November.