HR4915-119

1. Short title This Act may be cited as the Election Mail Act.

2. Same-day processing of absentee ballots Chapter 34 of title 39, United States Code, is amended by adding at the end the following: The Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that postal facility or post office. As used in this section— the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. The heading for chapter 34 of title 39, United States Code, is amended by striking Armed Forces and Free Postage and inserting Armed Forces; Free Postage; Election Mail. The table of chapters for part IV of title 39, United States Code, is amended by striking the item relating to chapter 34 and inserting the following: The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after the date that is 60 days after the date of enactment of this Act. 3407.Same-day processing of ballots (a)In generalThe Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that postal facility or post office. (b)DefinitionsAs used in this section— (1)the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2)the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.. 34.Armed Forces; Free Postage; Election Mail3401. 3407. Same-day processing of ballots..

3407. Same-day processing of ballots The Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that postal facility or post office. As used in this section— the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.

3. Intelligent mail barcodes for ballots Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081) is amended— by redesignating section 311 and section 312 as sections 321 and 322, respectively; by redesignating subtitle B as subtitle C; and by inserting after subtitle A the following new subtitle: Each State and jurisdiction shall provide with each ballot for an election for Federal office that is sent by mail a return envelope that contains an intelligent mail barcode, as prescribed by the United States Postal Service. Subsection (a) shall not apply to any ballot for which a State or jurisdiction uses an alternative system that enables voters to track the ballot through the mail. For purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. The requirements of this section shall apply to elections for Federal office occurring on or after January 1, 2026. Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by inserting or the requirements relating to mailed ballots under subtitle B of title III before the period at the end. Section 321(a) of such Act (52 U.S.C. 21101), as redesignated by subsection (a), is amended by striking section 312 and inserting section 322. The table of contents of such Act, as amended by section 2(c) of the COCOA Act of 2024, is amended— by striking Subtitle B—Voluntary and inserting Subtitle C—Voluntary; by redesignating the items relating to sections 311 and 312 as relating to sections 321 and 322, respectively; and by inserting after the item relating to section 306 the following: BRequirements relating to mailed ballots 311.Use of intelligent mail barcodes (a)In generalEach State and jurisdiction shall provide with each ballot for an election for Federal office that is sent by mail a return envelope that contains an intelligent mail barcode, as prescribed by the United States Postal Service. (b)ExceptionSubsection (a) shall not apply to any ballot for which a State or jurisdiction uses an alternative system that enables voters to track the ballot through the mail. (c)StateFor purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (d)Effective dateThe requirements of this section shall apply to elections for Federal office occurring on or after January 1, 2026.. Subtitle B—Requirements relating to mailed ballots Sec. 311. Use of intelligent mail barcodes..

311. Use of intelligent mail barcodes Each State and jurisdiction shall provide with each ballot for an election for Federal office that is sent by mail a return envelope that contains an intelligent mail barcode, as prescribed by the United States Postal Service. Subsection (a) shall not apply to any ballot for which a State or jurisdiction uses an alternative system that enables voters to track the ballot through the mail. For purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. The requirements of this section shall apply to elections for Federal office occurring on or after January 1, 2026.

4. Election mail and delivery improvements Chapter 34 of title 39, United States Code, as amended by section 2, is amended by adding at the end the following: In the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— the fact that the ballot was carried by the Postal Service; and the date on which the ballot was mailed. As used in this section— the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. The table of sections for chapter 34 of title 39, United States Code, as amended by section 2, is amended by adding at the end the following: The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after the date that is 60 days after the date of enactment of this Act. Subtitle C of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as redesignated by section 3, is amended by adding at the end the following new section: Each State or local election official shall— affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and if an intelligent mail barcode (as described in section 311) is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. The requirements of this section shall apply to elections for Federal office occurring on and after the date that is 60 days after the date of enactment of this section. Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated by section 3, is amended— by striking and at the end of paragraph (2); by striking the period at the end of paragraph (3) and inserting ; and; and by adding at the end the following new paragraph: in the case of the recommendations with respect to section 312, the date described in section 312(b). The table of contents of such Act, as amended by section 3, is amended by inserting after the item relating to section 311 the following new item: 3408.Postmark required for ballots (a)In generalIn the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— (1)the fact that the ballot was carried by the Postal Service; and (2)the date on which the ballot was mailed. (b)DefinitionsAs used in this section— (1)the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2)the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.. 3408. Postmark required for ballots.. 312.Ballot visibility (a)In generalEach State or local election official shall— (1)affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; (2)use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and (3)if an intelligent mail barcode (as described in section 311) is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. (b)Effective dateThe requirements of this section shall apply to elections for Federal office occurring on and after the date that is 60 days after the date of enactment of this section.. (4)in the case of the recommendations with respect to section 312, the date described in section 312(b).. Sec. 312. Ballot visibility..

3408. Postmark required for ballots In the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— the fact that the ballot was carried by the Postal Service; and the date on which the ballot was mailed. As used in this section— the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.

312. Ballot visibility Each State or local election official shall— affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and if an intelligent mail barcode (as described in section 311) is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. The requirements of this section shall apply to elections for Federal office occurring on and after the date that is 60 days after the date of enactment of this section.

5. Carriage of election mail Chapter 34 of title 39, United States Code, as amended by section 4(a), is amended by adding at the end the following: In this section: The term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. The term election mail means— a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. Election mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. Completed absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. During the 120-day period that ends on the date of an election for Federal office, the Postal Service may not carry out any operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— removing or eliminating any mail collection box without immediately replacing it; and removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. The Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail. Section 2401(c) of title 39, United States Code, is amended by striking sections 3217 and 3403 through 3406 and inserting sections 3217, 3403 through 3406, and 3409. The table of sections for chapter 34 of title 39, United States Code, as amended by section 4(a), is amended by adding at the end the following: The amendments made by this section shall take effect upon the expiration of the 180-day period that begins on the date of enactment of this section. 3409.Domestic election mail; restriction of operational changes prior to elections (a)DefinitionsIn this section: (1) Election for federal office The term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (2)Election mailThe term election mail means— (A)a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; (B)a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and (C)other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. (b)Carriage of election mailElection mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. (c)No postage required for completed ballotsCompleted absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. (d)Restriction of operational changesDuring the 120-day period that ends on the date of an election for Federal office, the Postal Service may not carry out any operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— (1)removing or eliminating any mail collection box without immediately replacing it; and (2)removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. (e)Election mail coordinatorThe Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail.. 3409. Domestic election mail; restriction of operational changes prior to elections..

3409. Domestic election mail; restriction of operational changes prior to elections In this section: The term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. The term election mail means— a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. Election mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. Completed absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. During the 120-day period that ends on the date of an election for Federal office, the Postal Service may not carry out any operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— removing or eliminating any mail collection box without immediately replacing it; and removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. The Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail.

6. United States Postal Service consultation The Postmaster General shall consult with Indian Tribes, on an annual basis, regarding issues relating to the United States Postal Service that present barriers to voting for eligible voters living on Indian lands. For purposes of this section— The term Indian lands means— any Indian country, as such term is defined in section 1151 of title 18, United States Code, of an Indian Tribe; any land in Alaska that is owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by— an Indian Tribe that is a Native village (as such term is defined in section 3 of such Act (43 U.S.C. 1602)); or a Village Corporation (as such term is defined in such section 3) that is associated with an Indian Tribe described in clause (i); any land on which the seat of government of an Indian Tribe is located; and any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census. The term Indian Tribe means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

7. Uniform deadline for acceptance of mailed ballots Subtitle C of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as redesignated by section 3 and amended by section 4, is amended by adding at the end the following new section: A State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. Nothing in this section shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2026 and each succeeding election for Federal office. The table of contents of such Act, as amended by sections 3 and 4, is amended by inserting after the item relating to section 312 the following new item: 313.Uniform deadline for acceptance of mailed ballots (a)In generalA State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— (1)the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and (2)the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. (b)Rule of constructionNothing in this section shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. (c)Effective dateThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2026 and each succeeding election for Federal office.. Sec. 313. Uniform deadline for acceptance of mailed ballots..

313. Uniform deadline for acceptance of mailed ballots A State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. Nothing in this section shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2026 and each succeeding election for Federal office.