S. 5001Senate119th Congress (2025-2027)In Committee

Ballots by Election Day Act

Introduced July 15, 2026

AI-Generated Summary

Updated July 25, 2026 at 4:42 AM UTC

The Ballots by Election Day Act amends the Help America Vote Act of 2002 to set a strict deadline that all ballots for federal offices must be received by the time polls close on Election Day. It bars states from counting any ballots that arrive later, except for those cast by uniformed service members and overseas voters. The change applies to elections starting in 2027.

Key Provisions

  • All ballots for federal elections—including absentee and mail‑in ballots—must be received by the election official no later than the time the polls close on Election Day to be counted.
  • States may not count any ballot that arrives after polls close on Election Day.
  • The deadline does not apply to ballots cast by uniformed service members or overseas voters, who remain subject to existing rules under the Uniformed and Overseas Citizens Absentee Voting Act.
  • The rule takes effect for federal elections held in 2027 and every election thereafter.
  • The bill also renumbers existing sections of the Help America Vote Act to accommodate the new provision.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Rules and Administration.

July 15, 2026

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SenateIntro Referral

Introduced in Senate

July 15, 2026

SenateIntro Referral

Read twice and referred to the Committee on Rules and Administration.

July 15, 2026

Bill Text

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Introduced in SenateIssued July 15, 2026

II

119th CONGRESS

2d Session

S. 5001

IN THE SENATE OF THE UNITED STATES

July 15, 2026

Mrs. Moody 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 require ballots in elections for Federal office to be received by the close of the polls on the date of election.

1.

Short title

This Act may be cited as the Ballots by Election Day Act.

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:

305.

Deadline for receipt of ballots

(a)

In general

To be considered validly cast and eligible to be counted in any election for Federal office, including a primary, runoff, or special election, all ballots (including absentee and mail-in ballots) 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 any ballot (including 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

The deadline described in subsection (a) shall not apply with respect to ballots cast by absent uniformed services voters or overseas voters, as defined in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310).

(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:

.