S. 5001

119 S5001 IS: Ballots by Election Day Act
 U.S. Senate
 2026-07-15
 text/xml
 EN
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 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:
Sec. 305. Deadline for receipt of ballots.
  .