Prohibition on unsolicited mail-in ballots and limitation on eligible requests

(a)

Prohibition on unsolicited mail-In ballots

No State or political subdivision of a State may send, distribute, or otherwise provide a ballot to vote by mail in an election for Federal office to any individual who does not request the State or political subdivision of such State to provide the ballot. (b)

Requirements for mail-In voting in Federal elections

Notwithstanding any other provision of law, a State shall not issue or transmit a ballot for voting by mail to any individual in the State in an election for Federal office held in the State unless each of the following conditions are met: (1)

Request required

The individual submits (in person, by mail, or electronically) a written or electronic request for the ballot that includes an affirmation, under penalty of perjury, that the individual meets one or more of the eligibility criteria under paragraph (2). (2)

Eligibility criteria

An individual who is on the official list of eligible voters in an election for Federal office in a State is eligible to request and receive a mail-in ballot for a Federal election in the State only if the individual— (A) is a member of the uniformed services (as defined in section 101(a) of title 10, United States Code) on active duty, or the spouse or dependent of such a member; (B) is a student, instructor, or professor at an institution of higher education located outside the county in which the voter is registered to vote and resides outside that county by reason thereof, or is the spouse or dependent accompanying and residing with such individual; (C) is a minister, priest, rabbi, or other member of the clergy assigned to a religious post outside the county of registration, or is the spouse or dependent accompanying and residing with such individual; (D) expects to be temporarily absent from the county in which the voter is registered to vote during the early voting period and on election day; (E) after the close of voter registration, has moved residence to another county more than 100 miles from the county seat of the former residence; (F) is involuntarily confined in an institution for mental treatment outside the county of registration and is not interdicted or judicially declared incompetent; (G) resides outside the United States; (H) expects to be hospitalized on election day and did not have knowledge of the hospitalization until after the time for early voting expired (or was hospitalized during early voting, or is restricted to bed by a physician during early voting and on election day); (I) meets the criteria for participation in a former State program for voters with disabilities in any State that has such a program; (J) is incarcerated in an institution inside or outside the county of registration but is not serving a sentence for a felony conviction; (K) is a participant in a State address confidentiality program; (L) has a disability and submits documentation with respect to— (i) a current mobility impairment identification card with photograph and international symbol of accessibility; (ii) current documentation of eligibility for Social Security disability benefits, veterans disability benefits, paratransit services, benefits from a State office for citizens with developmental disabilities, or benefits from State rehabilitation services; or (iii) current proof of disability from a physician, optometrist, physician assistant, or nurse practitioner; or (M) has attained the age of 65 years or older. (c)

No permanent or automatic mail-In lists for unqualified voters

A State may maintain a list of voters who have previously qualified for and requested mail-in ballots in an election for Federal office in the State, but only with respect to voters who continue to meet one or more of the criteria described under subsection (b)(2) as determined under State law. (d)

Effective date

This section shall apply with respect to elections for Federal office occurring on and after the date of the enactment of this Act.