[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5355 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5355

 To amend the Help America Vote Act of 2002 to provide a deadline for 
        the receipt of ballots in elections for Federal office.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

 Mr. Lankford (for himself and Mr. Lee) introduced the following bill; 
    which was read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 A BILL


 
 To amend the Help America Vote Act of 2002 to provide a deadline for 
        the receipt of ballots in elections for Federal office.

    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 ``Ballots by Election Day Act''.

SEC. 2. DEADLINE FOR RECEIPT OF BALLOTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 20901 et seq.) is amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307, respectively; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. DEADLINE FOR RECEIPT OF BALLOTS.

    ``(a) In General.--To be considered validly cast and eligible to be 
counted in an election for Federal office, an absentee or mail-in 
ballot must be received by the appropriate election official no later 
than the time polls close on the date of the election and, in the case 
of a general election for Federal office, no later than the time polls 
close on the date established under section 25 of the Revised Statutes 
of the United States (2 U.S.C. 7) for each general election for Federal 
office.
    ``(b) Untimely Ballot.--No State may accept for tabulation an 
absentee or mail-in ballot that is received by the appropriate election 
official following the time polls close on the date of the election.
    ``(c) Exception.--
            ``(1) In general.--The deadline described in subsection (a) 
        shall not apply with respect to ballots cast by absent 
        uniformed services voter or overseas voters, as defined in 
        section 107 of the Uniformed and Overseas Citizens Absentee 
        Voting Act (52 U.S.C. 20310).
            ``(2) No inference.--Nothing in this subsection shall be 
        construed to preempt any State law that requires ballots cast 
        by voters described in paragraph (1) to be received on or 
        before the date of the election.
    ``(d) Effective Date.--This section shall apply with respect to 
elections for Federal office held in 2027 or any succeeding year.''.
    (b) Enforcement.--Section 401 of the Help America Vote Act of 2002 
(52 U.S.C. 2111) is amended by striking ``and 304'' and inserting 
``304, and 305''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307, respectively; and
            (2) by inserting after the item relating to section 304 the 
        following new item:

``Sec. 305. Deadline for receipt of ballots.''.
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