119th Congress (2025-2026)

HR 738

Universal Right To Vote by Mail Act of 2025

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

The Universal Right To Vote by Mail Act of 2025 aims to ensure all eligible voters can vote by mail in federal elections. It prohibits states from imposing additional requirements on mail-in voting, except for deadlines. The bill also mandates that states provide voters with notice and an opportunity to correct any issues with their ballots, such as signature discrepancies, before they are rejected.

Key provisions

Prohibits states from imposing additional conditions on mail-in voting eligibility (beyond deadlines).
Requires states to notify voters of signature discrepancies and provide a chance to cure them.
Establishes a three-day window to cure signature or other ballot defects.
Allows states to set deadlines for requesting ballots and returning them.
Clarifies that states can continue to use polling places for elections.
Compliance with the bill’s requirements begins with elections held in 2026.

Who is affected

Eligible Voters
State Election Officials
State Governments
Federal Voters
Citizens

Notable changes

Expands mail-in voting access nationwide.
Addresses signature verification procedures for mail-in ballots.
Provides a process for voters to correct errors on their ballots.

Positions across the country

No public positions recorded for this legislation.

Arguments in favor

Reasons to support this legislation.

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Arguments opposed

Reasons to oppose this legislation.

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Legislative history

2025-01-24House

Referred to the House Committee on House Administration.

2025-01-24

Introduced in House

2025-01-24

Introduced in House

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Jan 24, 2025XMLView source

119th CONGRESS — 1st Session

H. R. 738

IN THE HOUSE OF REPRESENTATIVES

A BILL

To amend the Help America Vote Act of 2002 to allow all eligible voters to vote by mail in Federal elections.

1.Short title

This Act may be cited as the

Universal Right To Vote by Mail Act of 2025

2.Findings

Congress finds the following:

(1)An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not.

(2)Many voters often have work, family, or other commitments that make getting to polls on the date of an election difficult or impossible. Under current State laws, many of these voters are not permitted to vote by mail.

(3)36 States and the District of Columbia currently allow universal absentee voting (also known as no-excuse absentee voting), which permits any voter to request a mail-in ballot without providing a reason for the request, and no State which has implemented no-excuse absentee voting has switched back.

(4)Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States.

(5)

Allowing all voters the option to vote by mail can lead to increased voter participation.

(6)Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls.

(7)Voting by mail is preferable to many voters as an alternative to going to the polls. Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on Election Day.

(8)

No evidence exists suggesting the potential for fraud in absentee balloting is greater than the potential for fraud by any other method of voting.

(9)Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters’ privacy while doing nothing to prevent voter fraud.

(10)State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security.

3.Promoting ability of voters to vote by mail in Federal elections

(a)In general

Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section:

303A.Promoting ability of voters to vote by mail

(a)In GeneralIf an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except to the extent that the State imposes a deadline for requesting the ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official.

(b)Notice and opportunity To cure discrepancy or defect

(1)Notice and opportunity to cure discrepancy in signaturesIf an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall—

(A)

as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that—

(i)a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and

(ii)

if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and

(B)

cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods.

(2)Notice and opportunity to cure missing signature or other defectIf an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall—

(A)as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that—

(i)

the ballot did not include a signature or has some other defect; and

(ii)if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and

(B)count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect.

This paragraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot under State law.

(c)Rule of Construction

Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots on the date of the election.

(d)Effective Date

A State shall be required to comply with the requirements of this section with respect to elections for Federal office held in years beginning with 2026.

(b)Conforming amendment relating to enforcement

Section 401 of such Act (52 U.S.C. 21111) is amended by striking and 304 and inserting 303A, and 304.

(c)Clerical amendment

The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item:

Sec. 303A. Promoting ability of voters to vote by mail.

HR 738

Bill overview

Key provisions

Who is affected

Notable changes

Sponsors

Primary sponsor

Cosponsors

Positions across the country

Arguments in favor

Arguments opposed

Bill text

Positions across the country