[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4487 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4487
To amend title 39, United States Code, and the Help America Vote Act of
2002 to improve procedures and requirements related to election mail.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23, 2022
Ms. Klobuchar introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Mail Act''.
SEC. 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:
``Sec. 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.
SEC. 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:
``Subtitle B--Requirements Relating to Mailed Ballots
``SEC. 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) State.--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.
``(d) 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.''.
SEC. 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:
``Sec. 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:
``SEC. 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 and 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.''.
SEC. 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:
``Sec. 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.
SEC. 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).
SEC. 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:
``SEC. 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 the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(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.''.
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