117 HR 9484 IH: Election Mail Act
U.S. House of Representatives
2022-12-08
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EN
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I
117th CONGRESS
2d Session
H. R. 9484
IN THE HOUSE OF REPRESENTATIVES
December 8, 2022
Ms. Williams of Georgia (for herself, Mr. Johnson of Georgia, Mr. Jones, Ms. Sewell, and Mr. Veasey) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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.
1.

Short title
This Act may be cited as the “Election Mail Act”.
2.

Same-day processing of absentee ballots
(a)

In general
Chapter 34 of title 39, United States Code, is amended by adding at the end the following:
“3407.

Same-day processing of ballots
(a)

In general
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 facility or post office.
(b)

Definitions
As 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.”.
(b)

Conforming amendments
(1)

Amendment to chapter heading
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”.
(2)

Table of chapters
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:
“34.
Armed Forces; Free Postage; Election Mail
3401”.
(3)

Technical and conforming amendment
The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following:
“3407. Same-day processing of ballots.”.
(c)

Effective date
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 the enactment of this Act.
3.

Intelligent mail barcodes for ballots
(a)

In general
Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081) is amended—
(1)
by redesignating section 311 and section 312 as sections 321 and 322, respectively;
(2)
by redesignating subtitle B as subtitle C; and
(3)
by inserting after subtitle A the following new subtitle:
“B

Requirements relating to mailed ballots
311.

Use of intelligent mail barcodes
(a)

In general
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.
(b)

Exception
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.
(c)

Effective date
The requirements of this section shall apply to elections for Federal office occurring on or after January 1, 2023.”.
(b)

Enforcement
Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by inserting “or the requirements for mailed ballots under subtitle B of title III” before the period at the end.
(c)

Conforming amendment
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”.
(d)

Clerical amendments
The table of contents of such Act is amended—
(1)
by striking “Subtitle B—Voluntary” and inserting “Subtitle C—Voluntary”;
(2)
redesignating the items relating to sections 311 and 312 as relating to sections 321 and 322, respectively; and
(3)
by inserting after the item relating to section 305 the following:
“Subtitle B—Requirements relating to mailed ballots
Sec. 311. Use of intelligent mail barcodes.”.
4.

Election mail and delivery improvements
(a)

Postmark required for ballots
(1)

In general
Chapter 34 of title 39, United States Code, as amended by section 2, is amended by adding at the end the following:
“3408.

Postmark required for ballots
(a)

In general
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—
(1)
the fact that the ballot was carried by the Postal Service; and
(2)
the date on which the ballot was mailed.
(b)

Definitions
As 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.”.
(2)

Technical and conforming amendment
The table of sections for chapter 34 of title 39, United States Code, as amended by section 2(a), is amended by adding at the end the following:
“3408. Postmark required for ballots.” .
(3)

Effective date
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 the enactment of this Act.
(b)

Greater visibility for ballots
(1)

In general
Subtitle C of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as added by section 3, is amended by adding at the end the following new section:
“312.

Ballot visibility
(a)

In general
Each 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 date
The requirements of this section shall apply to elections for Federal office occurring on or after the date that is 60 days after the date of the enactment of this section.”.
(2)

Issuance of voluntary guidance by election assistance commission
Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated by section 3, is amended—
(A)
by striking “and” at the end of paragraph (2);
(B)
by striking the period at the end of paragraph (3) and inserting “; and”; and
(C)
by adding at the end the following new paragraph:
“(4)
in the case of the recommendations with respect to section 312, the date described in section 312(b).”.
(3)

Clerical amendment
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:
“Sec. 312. Ballot visibility.”.
5.

Carriage of election mail
(a)

Treatment of election mail
(1)

Treatment as first-class mail; free postage
Chapter 34 of title 39, United States Code, as amended by section 2 and section 3(a), is amended by adding at the end the following:
“3409.

Domestic election mail; restriction of operational changes prior to elections
(a)

Definitions
In 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 mail
The 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 mail
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.
(c)

No postage required for completed ballots
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.
(d)

Restriction of operational changes
During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new 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 coordinator
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.”.
(2)

Reimbursement of Postal Service for revenue forgone
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”.
(b)

Technical and conforming amendment
The table of sections for chapter 34 of title 39, United States Code, as amended by section 2 and section 3(a), is amended by adding at the end the following:
“3409. Domestic election mail; restriction of operational changes prior to elections.”.
(c)

Effective date
The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this section.
6.

United States Postal Service consultation
(a)

In general
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.
(b)

Definitions
For purposes of this section—
(1)

Indian lands
The term Indian lands means—
(A)
any Indian country, as such term is defined in section 1151 of title 18, United States Code, of an Indian Tribe;
(B)
any land in Alaska that is owned, pursuant to the Alaska Native Claims Settlement Act, by an Indian Tribe that is a Native village (as such term is defined in section 3 of such Act), or by a Village Corporation that is associated with the Indian Tribe (as such term is defined in section 3 of such Act);
(C)
any land on which the seat of government of the Indian Tribe is located; and
(D)
any land that is part or all of a tribal designated statistical area associated with the Indian Tribe, or is part or all of an Alaska Native village statistical area associated with the Tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census.
(2)

Indian Tribe
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
(a)

In general
Subtitle C of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as added by section 3 and amended by section 4, is amended by adding at the end the following new section:
“313.

Uniform deadline for acceptance of mailed ballots
(a)

In general
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—
(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 construction
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.
(c)

Effective date
This section shall apply with respect to elections for Federal office occurring on or after January 1, 2023.”.
(b)

Clerical amendment
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:
“Sec. 313. Uniform deadline for acceptance of mailed ballots.”.
8.

Application of Help America Vote Act of 2002 to Commonwealth of the Northern Mariana Islands
Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking “and the United States Virgin Islands” and inserting “the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands”.