S.Amdt. 4683

SA 4683. Mr. MERKLEY 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:

In lieu of the matter proposed to be inserted, insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Freedom to Vote by Mail
Act''.

SEC. 2. VOTING BY MAIL.

(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is
amended--
(A) by redesignating sections 305 and 306 as sections 306
and 307, respectively; and
(B) by inserting after section 304 the following new
section:

``SEC. 305. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

``(a) Uniform Availability of Absentee Voting to All
Voters.--
``(1) 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 absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as condition
of obtaining or casting ballot.--A State may not require an
individual to submit any form of identifying document as a
condition of obtaining or casting an absentee ballot, except
that nothing in this subparagraph may be construed to prevent
a State from requiring--
``(i) the information required to complete an application
for voter registration for an election for Federal office
under section 303(a)(5)(A), provided that a State may not
deny a voter a ballot or the opportunity to cast it on the
grounds that the voter does not possess a current and valid
driver's license number or a social security number; or
``(ii) a signature of the individual or similar affirmation
as a condition of obtaining or casting an absentee ballot.
``(B) Prohibiting faulty matching requirements for
identifying information.--A State may not deny a voter an
absentee ballot or reject an absentee ballot cast by a
voter--
``(i) on the grounds that the voter provided a different
form of identifying information under subparagraph (A) than
the voter originally provided when registering to vote or
when requesting an absentee ballot; or
``(ii) due to an error in, or omission of, identifying
information required by a State under subparagraph (A), if
such error or omission is not material to an individual's
eligibility to vote under section 2004(a)(2)(B) of the
Revised Statutes (52 U.S.C. 10101(a)(2)(B)).
``(C) Prohibiting requirement to provide notarization or
witness signature as condition of obtaining or casting
ballot.--A State may not require notarization or witness
signature or other formal authentication (other than voter
attestation) as a condition of obtaining or casting an
absentee ballot, except that nothing in this subparagraph may
be construed to prohibit a State from enforcing a law which
has a witness signature requirement for a ballot where a
voter oath is attested to with a mark rather than a voter's
signature.
``(3) No effect on identification requirements for first-
time voters registering by mail.--Nothing in this subsection
may be construed to exempt any individual described in
paragraph (1) of section 303(b) from meeting the requirements
of paragraph (2) of such section.
``(b) Due Process Requirements for States Requiring
Signature Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a signature
verification requirement as a condition of accepting and
counting a mail-in ballot or absentee ballot submitted by any
individual with respect to an election for Federal office
unless the State meets the due process requirements described
in paragraph (2).
``(B) Signature verification requirement described.--In
this subsection, a `signature verification requirement' is a
requirement that an election official verify the
identification of an individual by comparing the signature of
the individual on the mail-in ballot or absentee ballot with
the individual's signature on the official list of registered
voters in the State or another official record or other
document used by the State to verify the signatures of
voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a mail-in ballot or an
absentee ballot and the appropriate State or local election
official determines that a discrepancy exists between the
signature on such ballot and the signature of such individual
on the official list of registered voters in the State or
other official record or document used by the State to verify
the signatures of voters, such election official, prior to
making a final determination as to the validity of such
ballot, shall--
``(i) as soon as practical, but not later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--

``(I) a discrepancy exists between the signature on such
ballot and the signature of the individual on the official
list of registered voters in the State or other official
record or document used by the State to verify the signatures
of voters; and
``(II) if such discrepancy is not cured prior to the
expiration of the third day following the State's deadline
for receiving mail-in ballots or absentee ballots, such
ballot will not be counted; and

``(ii) cure such discrepancy and count the ballot if, prior
to the expiration of the third day following the State's
deadline for receiving mail-in ballots or absentee ballots,
the individual provides the official with information to cure
such discrepancy, either in person, by telephone, or by
electronic methods.
``(B) Notice and opportunity to cure missing signature or
other defect.--If an individual submits a mail-in ballot or
an absentee ballot without a signature or submits a mail-in
ballot or an absentee ballot with another defect which, if
left uncured, would cause the ballot to not be counted, the
appropriate State or local election official, prior to making
a final determination as to the validity of the ballot,
shall--
``(i) as soon as practical, but not later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--

``(I) the ballot did not include a signature or has some
other defect; and
``(II) if the individual does not provide the missing
signature or cure the other defect prior to the expiration of
the third day following the State's deadline for receiving
mail-in ballots or absentee ballots, such ballot will not be
counted; and

``(ii) count the ballot if, prior to the expiration of the
third day following the State's deadline for receiving mail-
in ballots or absentee ballots, the individual provides the
official with the missing signature on a form proscribed by
the State or cures the other defect.
This subparagraph does not apply with respect to a defect
consisting of the failure of a ballot to meet the applicable
deadline for the acceptance of the ballot, as described in
subsection (e).
``(C) Other requirements.--
``(i) In general.--An election official may not make a
determination that a discrepancy exists between the signature
on a mail-in ballot or an absentee ballot and the signature
of the individual on the official list of registered voters
in the State or other official record or other document used
by the State to verify the signatures of voters unless--

``(I) not fewer than 2 election officials make the
determination;
``(II) each official who makes the determination has
received training in procedures used to verify signatures;
and
``(III) of the officials who make the determination, not
fewer than 1 is affiliated with the political party whose
candidate received the most votes in the most recent
statewide election for Federal office held in the State and
not fewer than 1 is affiliated with the political party whose
candidate received the second most votes in the most recent
statewide election for Federal office held in the State.

``(ii) Exception.--Clause (i)(III) shall not apply to any
State in which, under a law that is in effect continuously on
and after the date of enactment of this section,
determinations regarding signature discrepancies are made by
election officials who are not affiliated with a political
party.
``(3) Report.--
``(A) In general.--Not later than 120 days after the end of
a Federal election cycle, each chief State election official
shall submit to the Commission a report containing the
following information for the applicable Federal election
cycle in the State:
``(i) The number of ballots invalidated due to a
discrepancy under this subsection.
``(ii) Description of attempts to contact voters to provide
notice as required by this subsection.
``(iii) Description of the cure process developed by such
State pursuant to this subsection, including the number of
ballots determined valid as a result of such process.

[[Page S1392]]

``(B) Submission to congress.--Not later than 10 days after
receiving a report under subparagraph (A), the Commission
shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes of this
subsection, the term `Federal election cycle' means, with
respect to any regularly scheduled election for Federal
office, the period beginning on the day after the date of the
preceding regularly scheduled general election for Federal
office and ending on the date of such regularly scheduled
general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot attempted
to be cast in an election for Federal office by an individual
who is not eligible to vote in the election; or
``(B) to prohibit a State from providing an individual with
more time and more methods for curing a discrepancy in the
individual's signature, providing a missing signature, or
curing any other defect than the State is required to provide
under this subsection.
``(c) Applications for Absentee Ballots.--
``(1) In general.--In addition to such other methods as the
State may establish for an individual to apply for an
absentee ballot, each State shall permit an individual to
submit an application for an absentee ballot online.
``(2) Treatment of websites.--A State shall be considered
to meet the requirements of paragraph (1) if the website of
the appropriate State or local election official allows an
application for an absentee ballot to be completed and
submitted online and if the website permits the individual--
``(A) to print the application so that the individual may
complete the application and return it to the official; or
``(B) to request that a paper copy of the application be
transmitted to the individual by mail or electronic mail so
that the individual may complete the application and return
it to the official.
``(3) Ensuring delivery prior to election.--
``(A) In general.--If an individual who is eligible to vote
in an election for Federal office submits an application for
an absentee ballot in the election and such application is
received by the appropriate State or local election official
not later than 13 days (excluding Saturdays, Sundays, and
legal public holidays) before the date of the election, the
election official shall ensure that the ballot and related
voting materials are promptly mailed to the individual.
``(B) Applications received close to election day.--If an
individual who is eligible to vote in an election for Federal
office submits an application for an absentee ballot in the
election and such application is received by the appropriate
State or local election official after the date described in
subparagraph (A) but not later than 7 days (excluding
Saturdays, Sundays, and legal public holidays) before the
date of the election, the election official shall, to the
greatest extent practical, ensure that the ballot and related
voting materials are mailed to the individual within 1
business day of the receipt of the application.
``(C) Rule of construction.--Nothing in this paragraph
shall preclude a State or local jurisdiction from allowing
for the acceptance and processing of absentee ballot
applications submitted or received after the date described
in subparagraph (B).
``(4) Application for all future elections.--
``(A) In general.--At the option of an individual, the
individual's application to vote by absentee ballot by mail
in an election for Federal office shall be treated as an
application for an absentee ballot by mail in all subsequent
elections for Federal office held in the State.
``(B) Duration of treatment.--
``(i) In general.--In the case of an individual who is
treated as having applied for an absentee ballot for all
subsequent elections for Federal office held in the State
under subparagraph (A), such treatment shall remain effective
until the earlier of such time as--

``(I) the individual is no longer registered to vote in the
State; or
``(II) the individual provides an affirmative written
notice revoking such treatment.

``(ii) Prohibition on revocation based on failure to
vote.--The treatment of an individual as having applied for
an absentee ballot for all subsequent elections held in the
State under subparagraph (A) shall not be revoked on the
basis that the individual has not voted in an election.
``(d) Accessibility for Individuals With Disabilities.--
Each State shall ensure that all absentee ballot
applications, absentee ballots, and related voting materials
in elections for Federal office are accessible to individuals
with disabilities in a manner that provides the same
opportunity for access and participation (including with
privacy and independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
``(1) 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--
``(A) 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
``(B) 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.
``(2) Rule of construction.--Nothing in this subsection
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.
``(f) Alternative Methods of Returning Ballots.--In
addition to permitting an individual to whom a ballot in an
election was provided under this section to return the ballot
to an election official by mail, each State shall permit the
individual to cast the ballot by delivering the ballot at
such times and to such locations as the State may establish,
including--
``(1) permitting the individual to deliver the ballot to a
polling place within the jurisdiction in which the individual
is registered or otherwise eligible to vote on any date on
which voting in the election is held at the polling place;
and
``(2) permitting the individual to deliver the ballot to a
designated ballot drop-off location, a tribally designated
building, or the office of a State or local election
official.
``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast by mail for tabulation
not later than the date that is 14 days prior to the date of
the election involved, except that a State may begin
processing and scanning ballots cast by mail for tabulation
after such date if the date on which the State begins such
processing and scanning ensures, to the greatest extent
practical, that ballots cast before the date of the election
are processed and scanned before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election
unless such tabulation is a necessary component of
preprocessing in the State and is performed in accordance
with existing State law; or
``(B) to permit an official to make public any results of
tabulation and processing before the closing of the polls on
the date of the election.
``(h) Prohibiting Restrictions on Distribution of Absentee
Ballot Applications by Third Parties.--A State may not
prohibit any person from providing an application for an
absentee ballot in the election to any individual who is
eligible to vote in the election.
``(i) 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.
``(j) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to
affect the treatment of any ballot submitted by an individual
who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
``(k) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2028 and each succeeding
election for Federal office.''.
(2) Clerical amendments.--The table of contents of such Act
is amended--
(A) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307, respectively; and
(B) by inserting after the item relating to section 304 the
following new item:

``Sec. 305. Promoting ability of voters to vote by mail.''.
(b) Same-Day Processing of Absentee Ballots.--
(1) 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.''.
(2) 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.''.
(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 January 1, 2028.
(c) Development of Alternative Verification Methods.--

[[Page S1393]]

(1) Development of standards.--The Director of the National
Institute of Standards, in consultation with the Election
Assistance Commission, shall develop standards for the use of
alternative methods which could be used in place of signature
verification requirements for purposes of verifying the
identification of an individual voting by mail-in or absentee
ballot in elections for Federal office.
(2) Public notice and comment.--The Director of the
National Institute of Standards shall solicit comments from
the public in the development of standards under paragraph
(1).
(3) Deadline.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Institute
of Standards shall publish the standards developed under
paragraph (1).

SEC. 3. BALLOTING MATERIALS TRACKING PROGRAM.

(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 2, is amended--
(A) by redesignating sections 306 and 307 as sections 307
and 308, respectively; and
(B) by inserting after section 305 the following new
section:

``SEC. 306. BALLOT MATERIALS TRACKING PROGRAM.

``(a) Requirement.--Each State shall carry out a program to
track and confirm the receipt of mail-in ballots and absentee
ballots in an election for Federal office under which the
State or local election official responsible for the receipt
of such voted ballots in the election carries out procedures
to track and confirm the receipt of such ballots, and makes
information on the receipt of such ballots available to the
individual who cast the ballot.
``(b) Means of Carrying Out Program.--A State may meet the
requirements of subsection (a)--
``(1) through a program--
``(A) which is established by the State;
``(B) under which the State or local election official
responsible for the receipt of voted mail-in ballots and
voted absentee ballots in the election--
``(i) carries out procedures to track and confirm the
receipt of such ballots; and
``(ii) makes information on the receipt of such ballots
available to the individual who cast the ballot; and
``(C) which meets the requirements of subsection (c); or
``(2) through the ballot materials tracking service
established under section 3(b) of the Freedom to Vote by Mail
Act.
``(c) State Program Requirements.--The requirements of this
subsection are as follows:
``(1) Information on whether vote was accepted.--The
information referred to under subsection (b)(1)(B)(ii) with
respect to the receipt of mail-in ballot or an absentee
ballot shall include information regarding whether the vote
cast on the ballot was accepted, and, in the case of a vote
which was rejected, the reasons therefor.
``(2) Availability of information.--Information on whether
a ballot was accepted or rejected shall be available within 1
business day of the State accepting or rejecting the ballot.
``(3) Accessibility of information.--
``(A) In general.--Except as provided under subparagraph
(B), the information provided under the program shall be
available by means of online access using the internet site
of the State or local election office.
``(B) Use of toll-free telephone number by officials
without internet site.--In the case of a State or local
election official whose office does not have an internet
site, the program shall require the official to establish a
toll-free telephone number that may be used by an individual
who cast an absentee ballot to obtain the information
required under subsection (b)(1)(B).
``(d) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2028 and each succeeding
election for Federal office.''.
(2) Conforming amendments.--Section 102 of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302)
is amended by striking subsection (h) and redesignating
subsection (i) as subsection (h).
(b) Balloting Materials Tracking Service.--
(1) In general.--Not later than January 1, 2028, the
Secretary of Homeland Security, in consultation with the
Chair of the Election Assistance Commission, the Postmaster
General, the Director of the General Services Administration,
the Presidential designee, and State election officials,
shall establish a balloting materials tracking service to be
used by State and local jurisdictions to inform voters on the
status of voter registration applications, absentee ballot
applications, absentee ballots, and mail-in ballots.
(2) Information tracked.--The balloting materials tracking
service established under paragraph (1) shall provide to a
voter the following information with respect to that voter:
(A) In the case of balloting materials sent by mail,
tracking information from the United States Postal Service
and the Presidential designee on balloting materials sent to
the voter and, to the extent feasible, returned by the voter.
(B) The date on which any request by the voter for an
application for voter registration or an absentee ballot was
received.
(C) The date on which any such requested application was
sent to the voter.
(D) The date on which any such completed application was
received from the voter and the status of such application.
(E) The date on which any mail-in ballot or absentee ballot
was sent to the voter.
(F) The date on which any mail-in ballot or absentee ballot
was out for delivery to the voter.
(G) The date on which the post office processes the ballot.
(H) The date on which the returned ballot was out for
delivery to the election office.
(I) Whether such ballot was accepted and counted, and in
the case of any ballot not counted, the reason why the ballot
was not counted.
The information described in subparagraph (I) shall be
available not later than 1 day after a determination is made
on whether or not to accept and count the ballot.
(3) Method of providing information.--The balloting
materials tracking service established under paragraph (1)
shall allow voters the option to receive the information
described in paragraph (2) through email (or other electronic
means) or through the mail.
(4) Public availability of limited information.--
Information described in subparagraphs (E), (G), and (I) of
paragraph (2) shall be made available to political parties
and voter registration organizations, at cost to cover the
expense of providing such information, for use, in accordance
with State guidelines and procedures, in helping to return or
cure mail-in ballots during any period in which mail-in
ballots may be returned.
(5) Prohibition on fees.--The Director may not charge any
fee to a State or jurisdiction for use of the balloting
materials tracking service in connection with any Federal,
State, or local election.
(6) Presidential designee.--For purposes of this
subsection, the term ``Presidential designee'' means the
Presidential designee under section 101(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301(a)).
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Director such sums as are necessary
for purposes of carrying out this subsection.
(c) Reimbursement for Costs Incurred by States in
Establishing Program.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended
by adding at the end the following new part:

``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS

``SEC. 297. PAYMENTS TO STATES.

``(a) Payments for Costs of Program.--In accordance with
this section, the Commission shall make a payment to a State
to reimburse the State for the costs incurred in establishing
the absentee ballot tracking program under section 306(b)(1)
(including costs incurred prior to the date of enactment of
this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has established an
absentee ballot tracking program with respect to elections
for Federal office held in the State; and
``(B) a statement of the costs incurred by the State in
establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State which are
responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

``(a) Authorization.--There are authorized to be
appropriated to the Commission for fiscal year 2028 and each
succeeding fiscal year such sums as may be necessary for
payments under this part.
``(b) Continuing Availability of Funds.--Any amounts
appropriated pursuant to the authorization under this section
shall remain available until expended.''.
(d) Clerical Amendments.--The table of contents of such
Act, as amended by section 2, is amended--
(1) by adding at the end of the items relating to subtitle
D of title II the following:

``Part 7--Payments To Reimburse States for Costs Incurred in
Establishing Program To Track and Confirm Receipt of Absentee Ballots

``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308, respectively; and
(3) by inserting after the item relating to section 305 the
following new item:

``Sec. 306. Absentee ballot tracking program.''.

[[Page S1394]]

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(b), 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 1301(b), 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 January 1, 2028.
(b) Greater Visibility for Ballots.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by sections 2 and 3, is amended--
(A) by redesignating sections 307 and 308 as sections 308
and 309, respectively; and
(B) by inserting after section 306 the following new
section:

``SEC. 307. 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 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 January 1, 2028.''.
(2) Voluntary guidance.--Section 311(b) of such Act (52
U.S.C. 21101(b)) 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 307, January 1, 2028.''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by sections 2 and 3, is amended--
(A) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309; and
(B) by inserting after the item relating to section 306 the
following new item:

``Sec. 307. 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 sections
2(b) and 4(a), is amended by adding at the end the following:

``Sec. 3409. Domestic election mail; restriction of
operational changes prior to elections

``(a) Definition.--In this section, the term `election
mail' means--
``(1) a blank or completed voter registration application
form, voter registration card, or similar materials, relating
to an election for Federal office;
``(2) 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
``(3) 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 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 1301(b) and section 1303(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. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR
VOTED BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.

(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by sections 2, 3, and 4, is amended--
(1) by redesignating sections 308 and 309 as sections 309
and 310, respectively; and
(2) by inserting after section 307 the following new
section:

``SEC. 308. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.

``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall
provide in-person, secured, and clearly labeled drop boxes at
which individuals may, at any time during the period
described in subsection (b), drop off voted ballots in an
election for Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The
period described in this subsection is, with respect to an
election, the period that begins on the first day on which
the jurisdiction sends mail-in ballots or absentee ballots
(other than ballots for absent uniformed overseas voters (as
defined in section 107(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310(1))) or
overseas voters (as defined in section 107(5) of such Act (52
U.S.C. 20310(5)))) to voters for such election and which ends
at the time the polls close for the election in the
jurisdiction involved.
``(c) Accessibility.--
``(1) Hours of access.--
``(A) In general.--Except as provided in subparagraph (B),
each drop box provided under this section shall be accessible
to voters for a reasonable number of hours each day.
``(B) 24-hour drop boxes.--
``(i) In general.--Of the number of drop boxes provided in
any jurisdiction, not less than the required number shall be
accessible for 24 hours per day during the period described
in subsection (b).
``(ii) Required number.--The required number is the greater
of--

``(I) 25 percent of the drop boxes required under
subsection (d); or
``(II) 1 drop box.

``(2) Population.--
``(A) In general.--Drop boxes provided under this section
shall be accessible for use--
``(i) by individuals with disabilities, as determined in
consultation with the protection and advocacy systems (as
defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002))
of the State;
``(ii) by individuals with limited proficiency in the
English language; and
``(iii) by homeless individuals (as defined in section 103
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)) within the State.
``(B) Determination of accessibility for individuals with
disabilities.--For purposes of this paragraph, drop boxes
shall be considered to be accessible for use by individuals
with disabilities if the drop boxes meet such criteria as the
Attorney General may establish for such purposes.
``(C) Rule of construction.--If a drop box provided under
this section is on the grounds of or inside a building or
facility which serves as a polling place for an election
during the period described in subsection (b), nothing in
this subsection may be construed to waive any requirements
regarding the accessibility of such polling place for the use
of individuals with disabilities, individuals with limited
proficiency in the English language, or homeless individuals.
``(d) Number of Drop Boxes.--Each jurisdiction shall have--
``(1) in the case of any election for Federal office prior
to the regularly scheduled general election for Federal
office held in November 2028, not less than 1 drop box for
every 45,000 registered voters located in the jurisdiction;
and

[[Page S1395]]

``(2) in the case of the regularly scheduled general
election for Federal office held in November 2028 and each
election for Federal office occurring thereafter, not less
than the greater of--
``(A) 1 drop box for every 45,000 registered voters located
in the jurisdiction; or
``(B) 1 drop box for every 15,000 votes that were cast by
mail in the jurisdiction in the most recent general election
that includes an election for the office of President.
In no case shall a jurisdiction have fewer than 1 drop box
for any election for Federal office.
``(e) Location of Drop Boxes.--The State shall determine
the location of drop boxes provided under this section in a
jurisdiction on the basis of criteria which ensure that the
drop boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day;
``(5) sufficiently available in all communities in the
jurisdiction, including rural communities and on Tribal lands
within the jurisdiction (subject to subsection (f)); and
``(6) geographically distributed to provide a reasonable
opportunity for voters to submit their voted ballot in a
timely manner.
``(f) Timing of Scanning and Processing of Ballots.--For
purposes of section 305(g) (relating to the timing of the
processing and scanning of ballots for tabulation), a vote
cast using a drop box provided under this section shall be
treated in the same manner as a ballot cast by mail.
``(g) Posting of Information.--On or adjacent to each drop
box provided under this section, the State shall post
information on the requirements that voted absentee ballots
must meet in order to be counted and tabulated in the
election.
``(h) Remote Surveillance.--Nothing in this section shall
prohibit a State from providing for the security of drop
boxes through remote or electronic surveillance.
``(i) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2028 and each succeeding
election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by sections 2, 3, and 4, is amended--
(1) by redesignating the items relating to sections 308 and
309 as relating to sections 309 and 310, respectively; and
(2) by inserting after the item relating to section 307 the
following new item:

``Sec. 308. Use of secured drop boxes for voted absentee ballots.''.
______