Ballots by Election Day Act
- Bill Number
- S. 5355
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-08-06: Read twice and referred to the Committee on Rules and Administration.
- Last Updated
- 2026-08-25T22:00:51Z
AI-Generated Summary
Purpose
This legislation amends the Help America Vote Act of 2002 to establish a uniform federal deadline requiring that absentee and mail-in ballots for elections for Federal office be received by election officials no later than the close of polls on election day.
Key Provisions
- Ballot Receipt Deadline: Absentee or mail-in ballots must arrive by the time polls close on the election date to be considered valid and eligible for counting. For general elections, this aligns with the date set under 2 U.S.C. 7.
- State Restrictions: No state may accept or tabulate any absentee or mail-in ballot received after polls close.
- Exceptions: The deadline does not apply to ballots from absent uniformed services voters or overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act. State laws requiring earlier receipt for these voters are not preempted.
- Effective Date: The requirements apply starting with elections held in 2027 and thereafter.
- Enforcement and Updates: Adds the new section to the Act's enforcement provisions and updates the table of contents.
Significant Changes to Existing Law
- Introduces a mandatory national deadline for ballot receipt, shifting from the prior framework where states largely set their own rules for when mail-in ballots could arrive and still be counted.
- Redesignates existing sections 305 and 306 and inserts the new provision as section 305.
Potential Impacts
- Government Agencies: Requires state and local election offices to adjust processing and verification procedures to reject late ballots, potentially increasing administrative workload during elections.
- Citizens: Limits the window for mail-in voting, which may affect voters who rely on postal delivery, particularly in areas with slower mail service.
- International Relations: No direct effects identified.
Main Stakeholders Affected
- State and local election officials responsible for ballot handling and counting.
- Voters using absentee or mail-in ballots.
- Absent uniformed services and overseas voters (who receive an exemption).
- Federal oversight bodies under the Help America Vote Act.
Notable Legal, Constitutional, or Political Implications
- Promotes greater uniformity in federal election procedures across states.
- May raise questions about federal authority over state election administration, though the bill includes specific exceptions and does not alter rules for military and overseas voters.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-08-06: Read twice and referred to the Committee on Rules and Administration.
- 2026-08-06: Introduced in Senate
Bill Versions
- Ballots by Election Day Act — issued 2026-08-06 — PDF (3 pages)