[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1391

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

                              May 1, 2023

 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 postal 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) Technical and Conforming Amendments.--
            (1) 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) Table of sections.--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 
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, 
2024.''.
    (b) Enforcement.--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.
    (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) by 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, 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 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 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 4(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 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--
            ``(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 4(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 that begins on the 
date of 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 (43 U.S.C. 1601 
                et seq.), by--
                            (i) an Indian Tribe that is a Native 
                        village (as such term is defined in section 3 
                        of such Act (43 U.S.C. 1602)); or
                            (ii) a Village Corporation (as such term is 
                        defined in such section 3) that is associated 
                        with an Indian Tribe described in clause (i);
                    (C) any land on which the seat of government of an 
                Indian Tribe is located; and
                    (D) 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.
            (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 2024 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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