Written by attorneys · grounded in primary & secondary sources — see below
An instrument, typically a paper or electronic record, used to cast a vote in an election or other formal choice. The system of recording votes by such instruments ensures secrecy and accountability in selecting officers or deciding measures.
Sources & Authorities
How it applies
Common Examples
6
Revenue Bill Vote Timing
Senator Ramirez introduced a tax increase bill in the Senate. After House passage, the Senate amended it and sent it to the President. The House later reconsidered the bill and the votes of both Houses were determined by yeas and Nays entered on the journal to override the veto within the required period.
Grand Jury Secrecy Breach
During grand jury deliberations on a fraud indictment, an unauthorized reporter entered the room. The court excluded the reporter because only jurors may be present while the grand jury votes by ballot on the charges.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Native-born citizen Elena voted in a foreign election. The government attempted to revoke her citizenship automatically. A court held that the vote by ballot could not trigger involuntary loss of citizenship without her consent.
Electoral College Ballot
State electors met and cast ballots for President and Vice President. One elector voted for a candidate from the same state, violating the constitutional requirement that at least one vote be for an out-of-state inhabitant.
Grand Jury Recording Failure
A court reporter failed to record the grand jury's vote on an indictment due to equipment malfunction. The prosecution proceeded because the unintentional recording lapse did not affect the validity of the charges returned by ballot.
Preclearance Formula Challenge
A covered state changed its voter ID law without federal approval. The Supreme Court struck down the coverage formula because it relied on decades-old data to impose preclearance on some states but not others for ballot access rules.
Common questions
Frequently Asked
3
What distinguishes a secret ballot from other voting methods?+
A secret ballot is cast so the voter cannot be identified, protecting against coercion or retaliation. This method is a hallmark of democratic elections and differs from open voting where the voter's choice is publicly known.
Supporting sources
How does the Constitution use the term ballot in presidential elections?+
The Constitution requires electors to vote by ballot for President and Vice President, with at least one vote for a candidate from a different state. The House of Representatives chooses the President by ballot when no candidate receives a majority of electoral votes.
Can an absentee ballot be submitted after election day?+
An absentee ballot must be submitted before or on election day according to state rules. Late submission generally invalidates the vote because the ballot must be received within the prescribed deadline to be counted.
Supporting sources
376 U.S. 254 (1964)Remedies
…it is made up of individuals of governors responsible to the governed. In a democratic society where men are free by ballots to remove those in power, any statement critical of governmental action is necessarily "of and concerning" the governors and any statement critical of the governors' official conduct is…