Utah Governor Spencer Cox has officially enacted a bill that implements significant changes to the state’s widely used mail voting system, including the elimination of a grace period for ballots that are postmarked by Election Day but arrive later.
This legislation is part of a broader initiative by Republican lawmakers to restrict the time frame for counting mail ballots during elections, sparking widespread discussion about voting access and election integrity.
Recently, a U.S. appeals court supported the GOP’s stance against a Mississippi law that permits mail ballots to be counted if they are postmarked by Election Day. Alongside Utah, Kansas legislators also moved to tighten mail ballot return deadlines; other states like West Virginia are contemplating similar measures.
Earlier this week, President Trump issued an executive order mandating that all states only tally ballots that are received by the close of polls on Election Day. This directive is expected to face significant legal scrutiny.
In the upcoming elections, Utah voters using mail-in ballots will need to ensure their ballots are received by 8 p.m. on Election Day. Previously, voters had a two-week period to submit their ballots if they were postmarked the day prior to the election.
During a press conference earlier this year, Governor Cox explained that the changes aim to enable the state to count most ballots on election night, allowing media outlets to announce election results more promptly.
“There’s no reason we couldn’t do that,” Cox stated. “This choice allows a large number of mail-in ballots to arrive well after Election Day, provided they are postmarked the day before the election.”
Numerous states are exploring legislation designed to expedite election results this year. Advocates argue that quicker outcomes enhance public confidence in elections, though there is no evidence of widespread electoral fraud in the U.S.
“I believe that timely results build trust in the electoral process,” Cox commented. “There is a loss of confidence when there isn’t a decision made on election night, especially if a candidate remains in the lead initially but discovers a downturn days later due to a backlog of mail ballots.”
Voting rights advocates are concerned that the drive for faster results will undermine access to the ballot. Barbara Smith Warner, executive director of the National Vote At Home Institute, emphasized the importance of grace periods for voters, even amid postal delays.
“In the 2024 election, around 2,000 Utah voters had ballots that were postmarked by Election Day and received within the following three days,” Warner noted. “These individuals, along with others, will no longer have that option, making it more difficult for Utahns to vote.”
Change in Mail Voting Program in Utah
The new legislation introduces substantial modifications to Utah’s mail voting framework.
Before this bill, Utah was one of eight states and Washington, D.C., that automatically dispatched mail ballots to eligible voters. It was also the only entirely Republican-led state to implement such a program.
Though mail voting will continue, starting in 2029, voters will be required to request a ballot. Additionally, identifying information will be necessary on ballots returned by mail or dropped off at ballot boxes.
According to analysis from local media, Utah’s vote-by-mail system was extensively utilized, especially given that many residents live far from local election offices or ballot drop-off locations. In the analysis of the 2024 primary election, over 96% of voters chose to cast their ballots by mail or use drop boxes.
Supporters of the bill argue it enhances electoral security. However, Warner anticipates that there will be a noticeable drop in voter participation once the law is fully in effect.
She elaborated that previous increases in voter turnout correlated with the introduction of automatic mail ballot distribution in Utah over the last few years. Many voters may find the new request system jarring, leading to lower participation rates.
“I believe people will be dissatisfied,” Warner cautioned. “The changes will burden Utah voters, making it harder for them to cast their votes and potentially leading to significant frustration with these new policies.”
