HR 4915
Election Mail Act
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Bill overview
The Election Mail Act aims to improve the delivery and processing of election mail for federal elections. It requires the U.S. Postal Service to process mail-in ballots the same day they are received, postmark all ballots, and appoint election mail coordinators. The bill also mandates that states provide ballots with intelligent mail barcodes and establishes a uniform deadline for accepting mailed ballots, ensuring ballots postmarked by election day within seven days are counted. Finally, it restricts operational changes by the Postal Service during the 120 days leading up to a federal election.
Key provisions
- Requires the USPS to process mail-in ballots the same day they are received.
- Mandates the posting of all mail-in ballots.
- Requires states to provide ballots with intelligent mail barcodes.
- Establishes a uniform deadline for accepting mailed ballots (7 days after election).
- Prohibits operational changes by the USPS that could hinder election mail delivery within 120 days of a federal election.
- Requires election mail coordinators at USPS area and district offices.
- Requires states to provide a return envelope with an intelligent mail barcode.
- Mandates the USPS to consult annually with Indian Tribes regarding voting barriers.
Who is affected
- U.S. Postal Service
- State and local election officials
- Voters
- Indian Tribes
- Federal Election Commission
Notable changes
- Introduces same-day processing requirements for mail-in ballots.
Sponsors
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Primary sponsor
Cosponsors
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119th CONGRESS — 1st Session
H. R. 4915
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 39, United States Code, and the Help America Vote Act of 2002 to improve procedures and requirements related to election mail.
This Act may be cited as the Election Mail Act
.
Chapter 34 of title 39, United States Code, is amended by adding at the end the following:
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 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 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.
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:
Chapter 34 of title 39, United States Code, as amended by section 2, is amended by adding at the end the following:
the fact that the ballot was carried by the Postal Service; and
the date on which the ballot was mailed.
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 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:
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:
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.
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.
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—
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.
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: