Recently, a fundamental change in how Americans vote has occurred. Most voting Americans no longer vote on Election Day itself. Instead, a large majority cast their ballots in advance, often many weeks in advance. That shift raises a variety of questions about our electoral system. One is whether voters who vote early should be able to change their minds and cast a new ballot before the polls finally close. Developments between the casting of an early vote and Election Day might lead the early voter to regret her choice. Most states prohibit early voters from casting a new ballot, but some states allow it under certain circumstances. After exploring the laws and practices of early voting, this essay examines the case for changing votes in light of five considerations: the impact on electoral outcomes; the potential benefits of a simultaneous meeting of voters’ minds; the legitimacy of elections; the civic experience of voting; and the administrative costs associated with elections.
* Albert E. Jenner, Jr. Professor of Law and Director, Program in Constitutional Theory, History and Law, University of Illinois Urbana-Champaign. Special thanks to Vik Amar and Brian Gaines for their helpful feedback and to Eli Goldstein for his exceptional research assistance.
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