[Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)]
[Senate]
[Pages S1121-S1123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4417. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vote at Home Act of 2026''.
SEC. 2. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN
FEDERAL ELECTIONS.
(a) Voting by Mail in Federal Elections.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
by inserting after section 303 the following new section:
``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State
may not impose any additional conditions or requirements on
the eligibility of the individual to cast the vote in such
election by mail, except to the extent that the State imposes
a deadline for requesting the ballot and related voting
materials from the appropriate State or local election
official and for returning the ballot to the appropriate
State or local election official.
``(b) Provision of Ballot Materials.--Not later than 2
weeks before the date of any election for Federal office,
each State shall mail ballots to individuals who are
registered to vote in such election.
``(c) Accessibility for Individuals With Disabilities.--All
ballots provided under this section shall be accessible to
individuals with disabilities in a manner that provides the
same opportunity for access and participation (including for
privacy and independence) as for other voters.
``(d) Rule of Construction.--Nothing in this section shall
be construed to affect the authority of States to conduct
elections for Federal office through the use of polling
places at which individuals cast ballots.
``(e) Effective Date.--A State shall be required to comply
with the requirements of this section with respect to
elections for Federal office held in years beginning with
2028.''.
(2) Conforming amendment relating to enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking
``and 304'' and inserting ``303A, and 304''.
(3) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section
303 the following new item:
``Sec. 303A. Promoting ability of voters to vote by mail.''.
(b) Free Postage for Voting by Mail.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3407. Ballots provided for voting in Federal elections
``Blank ballots mailed pursuant to section 303A(b) of the
Help America Vote Act of 2002
[[Page S1122]]
which are mailed by a State or local election official
(individually or in bulk) to a voter, and voted ballots which
are mailed by a voter to an election official, shall be
carried expeditiously and free of postage.''.
(2) Technical and conforming amendments.--
(A) 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. Ballots provided for voting in Federal elections.''.
(B) Authorization of appropriations.--Section 2401(c) of
title 39, United States Code, is amended by striking ``3403
through 3406'' and inserting ``3403 through 3407''.
SEC. 3. VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE
AUTHORITIES.
(a) Streamlining Existing Procedures.--Section 5 of the
National Voter Registration Act of 1993 (52 U.S.C. 20504) is
amended to read as follows:
``SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY.
``(a) Streamlined Registration Through Application for
Driver's License.--
``(1) In general.--Each State shall include a voter
registration application form for elections for Federal
office as part of an application for a State motor vehicle
driver's license for each applicable individual other than an
applicable individual described in subsection (b)(1).
``(2) Forms and procedures.--The voter registration
application portion of an application for a State motor
vehicle driver's license--
``(A) may not require any information that duplicates
information required in the driver's license portion of the
form;
``(B) may require only the minimum amount of information
necessary to--
``(i) prevent duplicate voter registrations; and
``(ii) enable State election officials to assess the
eligibility of an applicable individual and to administer
voter registration;
``(C) shall include a statement that--
``(i) states each eligibility requirement (including
citizenship);
``(ii) contains an attestation that the applicant meets
each such requirement; and
``(iii) requires the signature of the applicant, under
penalty of perjury;
``(D) shall include--
``(i) a statement that, if an applicant declines to
register to vote, the fact that the applicant has declined to
register will remain confidential and will be used only for
voter registration purposes; and
``(ii) a statement that if an applicant does register to
vote, the office at which the applicant submits a voter
registration application will remain confidential and will be
used only for voter registration purposes; and
``(E) shall be made available (as submitted by the
applicant, or in machine readable or other format) to the
appropriate State election official as provided by State
law--
``(i) subject to clause (ii), not later than 10 days after
the date of acceptance; or
``(ii) if a registration application is accepted within 5
days before the last day for registration to vote in an
election, not later than 5 days after the date of acceptance.
``(3) Treatment of attestations of eligibility.--For
purposes of an application for voter registration with
respect to elections for Federal office in a State under this
subsection, an attestation of eligibility, including an
attestation that the applicant is a United States citizen,
shall be treated as the presumptive minimum amount of
information necessary for the State to assess the eligibility
of an applicable individual to vote in such elections and for
the State to administer voter registration, except that a
State shall prevent the completion of or reject the voter
registration application of an applicable individual based
upon reliable information in its possession demonstrating
that the individual is not a United States citizen or is
otherwise ineligible to register to vote in elections for
Federal office in the State at the time of the application
for a motor vehicle driver's license.
``(b) Automatic Registration of Eligible Citizens.--
``(1) Duties of motor vehicle authority.--Each State motor
vehicle authority shall transmit the voter registration
information described in paragraph (2) with respect to an
applicable individual to the appropriate election official
if--
``(A) such individual has presented a document as part of
an application for a State motor vehicle driver's license
(including a document presented in a previous application
retained by the State's motor vehicle authority)
demonstrating that the individual is a United States citizen;
or
``(B) based on information provided to the State motor
vehicle authority by the appropriate election official, such
individual is currently registered to vote in elections for
Federal office in the State.
``(2) Voter registration information described.--The voter
registration information transmitted by the State motor
vehicle authority described in this paragraph is, with
respect to an applicable individual, the minimum amount of
information necessary to--
``(A) prevent duplicate voter registrations;
``(B) enable State election officials to assess the
eligibility of such an individual who is not at that time
registered to vote in elections for Federal office in the
State and to administer voter registration; and
``(C) enable State election officials to update the address
of such an individual who is currently registered to vote in
elections for Federal office in the State.
``(3) Deadline for transmission to election official.--The
voter registration information described in paragraph (2)
shall be made available (in machine readable or other format)
to the appropriate State election official as provided by
State law--
``(A) subject to subparagraph (B), not later than 10 days
after the date of acceptance; or
``(B) if the voter registration information is accepted
within 5 days before the last day for registration to vote in
an election, not later than 5 days after the date of
acceptance.
``(4) Determination of registration status by election
officials receiving information.--Upon receiving the voter
registration information with respect to an individual under
paragraph (1), the appropriate State election official shall
determine--
``(A) whether such individual is at that time registered to
vote in elections for Federal office in the State;
``(B) if the individual is at that time registered to vote
in such elections, the address at which the individual is
registered.; and
``(C) if the individual at that time is not registered to
vote in elections for Federal office in the State, whether
such individual is eligible to vote in such elections,
including as provided by section 8(a)(3)(B) through the
procedure set forth in section 303(a)(2)(A)(ii)(I) of the
Help America Vote Act of 2002 (52 U.S.C.
21083(a)(2)(A)(ii)(I)).
``(5) Registration of eligible unregistered individuals.--
``(A) Notice.--In the case of an applicable individual who
is determined by the appropriate State election official to
be eligible to vote in elections for Federal office in the
State and who is not at the time registered to vote in such
elections, the appropriate State election official shall
issue a notice, which may be combined with the notice
described in section 8(a)(2), to the individual containing--
``(i) a statement that the individual's records and
signature shall constitute a completed registration for the
individual unless the individual notifies the election
official in response to the notice that the individual
declines to be registered to vote in elections for Federal
office held in the State; and
``(ii) a description of the process by which the individual
may decline to be registered to vote in elections for Federal
office in the State.
``(B) Registration.--Upon the issuance of a notice to an
individual under subparagraph (A), the official shall ensure
that the individual is registered to vote in elections for
Federal office held in the State unless in response to the
notice, the individual notifies the official that the
individual declines to be registered to vote in such
elections.
``(C) Removal of individuals incorrectly registered.--If,
after an individual is registered under subparagraph (B) to
vote in elections for Federal office held in the State, the
appropriate State election official later determines that the
individual does not meet the eligibility requirements for
registering to vote in such elections, including as provided
by section 8(a)(3)(B) or as a result of error relating to the
duties of the State motor vehicle authority under paragraph
(1), the individual shall be removed from the official list
of registered voters in the State and deemed never to have
registered to vote or attempted to register to vote.
``(6) Correcting addresses of individuals registered at
different addresses.--
``(A) Notice.--In the case of an applicable individual who
is registered to vote in elections for Federal office in the
State at a different address in the State than the address
provided in the information transmitted under this
subsection, the appropriate State election official shall
issue a notice, which may be combined with the notice
described in section 8(a)(2), to the individual containing--
``(i) a statement that the address provided in such
information shall be used as the individual's address for
voter registration purposes; and
``(ii) a description of the process by which the individual
may correct an address for voter registration purposes.
``(B) Change of address.--Upon the issuance of a notice to
an individual under subparagraph (A), the official shall
ensure that the individual is registered to vote in elections
for Federal office at the address provided in the information
transmitted under this subsection unless the individual
corrects the change of address for voter registration
purposes.
``(7) Voter protections.--
``(A) Protections for errors in registration.--An
individual shall not be prosecuted under any Federal or State
law, adversely affected in any civil adjudication concerning
immigration status or naturalization, or subject to an
allegation in any legal proceeding that the individual is not
a citizen of the United States on any of the following
grounds:
``(i) The individual notified an election office of the
individual's automatic registration to vote under this
subsection.
``(ii) The individual is not eligible to vote in elections
for Federal office but was automatically registered to vote
under this subsection due to agency error.
``(iii) The individual was automatically registered to vote
under this subsection at an incorrect address.
``(iv) The individual did not make an affirmation of
citizenship, including through
[[Page S1123]]
automatic registration under this subsection.
``(B) Limits on use of automatic registration.--The
automatic registration of any individual under this
subsection or the fact that an individual did not make an
affirmation of citizenship, including through automatic
registration under this subsection, may not be used as
evidence against that individual in any State or Federal law
enforcement proceeding or any civil adjudication concerning
immigration status or naturalization, and an individual's
lack of knowledge or willfulness of such registration may be
demonstrated by the individual's testimony alone.
``(C) Protection of election integrity.--Nothing in
subparagraphs (A) or (B) may be construed to prohibit or
restrict any action under color of law against an individual
who--
``(i) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration under
this subsection by any individual; or
``(ii) casts a ballot knowingly and willfully in violation
of State law or the laws of the United States.
``(c) General Provisions.--
``(1) Prohibiting transmission of information on
noncitizens.--The State motor vehicle authority shall not
transmit voter registration information under this section
with respect to an applicable individual if, as part of the
application for a State motor vehicle driver's license, the
individual--
``(A) presents a document demonstrating that the individual
is not a United States citizen at the time of the
application; or
``(B) makes an attestation demonstrating that the
individual is not a United States citizen at the time of the
application, if such attestation is required by State law for
purposes of the application for a State motor vehicle
driver's license.
``(2) Limitation on use of information.--No information
relating to the failure of an applicant for a State motor
vehicle driver's license to sign a voter registration
application or to an applicant's decision to decline voter
registration may be used for any purpose other than voter
registration.
``(3) Applicable individual.--For purposes of this section,
the term `applicable individual' means any individual who
submits an application for a State motor vehicle driver's
license, including an initial application, renewal
application, or change of address form, whether submitted in
person, by mail, or by electronic means.''.
(b) Conforming Amendment Relating to Timing of Registration
Prior to Elections.--Section 8(a)(1)(A) of such Act (52
U.S.C. 20507(a)(1)(A)) is amended to read as follows:
``(A) in the case of registration through a motor vehicle
authority under section 5--
``(i) if the valid voter registration form of the applicant
is submitted to the motor vehicle authority under section
5(a), not later than the lesser of 30 days, or the period
provided by State law, before the date of the election; or
``(ii) in the case of registration under section 5(b), if
the voter registration information described in section
5(b)(2) which is transmitted by the motor vehicle authority
is submitted by the applicant to the authority, not later
than the lesser of 30 days, or the period provided by State
law, before the date of the election; or''.
(c) Other Conforming Amendment.--Section 4(a)(1) of such
Act (52 U.S.C. 20503(a)(1)) is amended to read as follows:
``(1) through the State motor vehicle authority pursuant to
section 5;''.
(d) 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 Act.
______