Absentee and Mail Voter Protection Act
- Bill Number
- S. 4369
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-04-22: Read twice and referred to the Committee on Rules and Administration.
- Last Updated
- 2026-05-04T22:13:04Z
AI-Generated Summary
Purpose
The Absentee and Mail Voter Protection Act (S. 4369) aims to repeal Executive Order 14399, issued by President Donald J. Trump on March 31, 2026, titled "Ensuring Citizenship Verification and Integrity in Federal Elections." It seeks to prevent federal interference in state-managed elections, protect absentee and mail-in voting, and reaffirm that Congress and states—not the President—control election rules under Article 1, Section 4 of the U.S. Constitution.
Key Provisions
- Repeal of Executive Order: Executive Order 14399 has no force or effect. Federal funds cannot be used to implement, administer, enforce, or carry it out, including by the U.S. Postal Service (USPS).
- Funding Prohibitions:
- Bans federal agencies (e.g., Department of Homeland Security, Social Security Administration, Department of Justice, Department of Commerce) from using funds to create national voter registration or citizenship databases, compile citizenship lists from existing databases, or collect state voter lists for federal elections.
- Prohibits federal regulation of mail-in or absentee ballots, including determining voter eligibility for mail voting.
- Prevents USPS from using funds to regulate the delivery (mailable status) of mail ballots or voter eligibility.
- Bars the Department of Justice from suing states to force production of voter registration lists under specified laws.
- Forbids sharing state voter lists between federal agencies or using them for data matching (cross-checking records).
- Findings Section: Documents the history of absentee voting (dating to 1813), bipartisan federal election laws (e.g., National Voter Registration Act of 1993, Help America Vote Act of 2002), widespread state use of mail voting, military voting reliance on mail ballots, and USPS's role in delivering ballots securely.
Significant Changes to Existing Law
- Direct Repeal: Nullifies Executive Order 14399, which the bill describes as exceeding executive authority by mandating state use of federal databases for citizenship verification and restricting USPS delivery of mail ballots.
- New Funding Restrictions: Introduces unprecedented limits on federal spending for voter databases, list-sharing, and mail ballot oversight, overriding any prior executive directives. Clarifies that existing laws (e.g., National Voter Registration Act, Help America Vote Act) do not authorize federal sharing or matching of state voter lists.
Potential Impacts
- Government Agencies: Limits executive branch actions; agencies like DHS, SSA, DOJ, and Commerce lose ability to fund centralized voter verification tools. USPS maintains independence in handling election mail.
- Citizens: Protects access to absentee and mail-in voting for millions (e.g., over 48 million used mail ballots in 2024), military personnel, and overseas voters; prevents potential disenfranchisement from strict federal citizenship checks.
- States: Shields state election administration from federal mandates or lawsuits for voter lists, preserving local control.
- No international relations impact noted.
Main Stakeholders Affected
- States and election officials: Gain protection from federal overreach on voter lists and mail ballots.
- Voters: Especially absentee, mail-in, military, and overseas citizens who rely on USPS delivery.
- U.S. Postal Service: Protected from presidential directives on election mail handling.
- Federal agencies: DHS, SSA, DOJ, Commerce—restricted in election-related activities.
- Election Assistance Commission: Indirectly supported as the bipartisan body for election standards.
Notable Legal, Constitutional, or Political Implications
- Constitutional: Reasserts congressional and state primacy over election "times, places, and manner" (U.S. Constitution, Article 1, Section 4), challenging executive power.
- Legal: Creates enforceable funding bans, potentially leading to court challenges over separation of powers; references Privacy Act definitions for "agency" and "system of records" (federal databases subject to privacy rules).
- Political: Sponsored by 40+ Democratic senators; highlights bipartisan history of voting laws while critiquing the executive order as "illegal and unconstitutional," signaling partisan divide on election integrity measures.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (40)
Sen. Peters, Gary C. [D-MI], Sen. Durbin, Richard J. [D-IL], Sen. Schumer, Charles E. [D-NY], Sen. Merkley, Jeff [D-OR], Sen. Alsobrooks, Angela D. [D-MD], Sen. Baldwin, Tammy [D-WI], Sen. Bennet, Michael F. [D-CO], Sen. Blumenthal, Richard [D-CT], Sen. Blunt Rochester, Lisa [D-DE], Sen. Booker, Cory A. [D-NJ], Sen. Cantwell, Maria [D-WA], Sen. Coons, Christopher A. [D-DE], Sen. Cortez Masto, Catherine [D-NV], Sen. Duckworth, Tammy [D-IL], Sen. Gallego, Ruben [D-AZ], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Heinrich, Martin [D-NM], Sen. Hickenlooper, John W. [D-CO], Sen. Hirono, Mazie K. [D-HI], Sen. Kaine, Tim [D-VA], Sen. Kelly, Mark [D-AZ], Sen. Kim, Andy [D-NJ], Sen. King, Angus S., Jr. [I-ME], Sen. Klobuchar, Amy [D-MN], Sen. Luján, Ben Ray [D-NM], Sen. Markey, Edward J. [D-MA], Sen. Murphy, Christopher [D-CT], Sen. Murray, Patty [D-WA], Sen. Rosen, Jacky [D-NV], Sen. Sanders, Bernard [I-VT], Sen. Schiff, Adam B. [D-CA], Sen. Shaheen, Jeanne [D-NH], Sen. Van Hollen, Chris [D-MD], Sen. Warner, Mark R. [D-VA], Sen. Warren, Elizabeth [D-MA], Sen. Welch, Peter [D-VT], Sen. Whitehouse, Sheldon [D-RI], Sen. Wyden, Ron [D-OR], Sen. Slotkin, Elissa [D-MI], Sen. Reed, Jack [D-RI]
Recent Actions
- 2026-04-22: Read twice and referred to the Committee on Rules and Administration.
- 2026-04-22: Introduced in Senate
Bill Versions
- Absentee and Mail Voter Protection Act — issued 2026-04-22 — PDF (9 pages)