Ballots by Election Day Act

119th Congress Introduced by James Lankford and 1 co-sponsor

The bill would amend HAVA to establish a uniform ballot receipt deadline for federal elections, with ballots arriving after the deadline not counted.

Introduced in Senate

Overview

S 5355 (118th Congress, Session 119) is a proposed amendment to the Help America Vote Act of 2002 (HAVA) that would establish a deadline for the receipt of ballots in elections for Federal office. The bill has been introduced in the Senate and referred to the Committee on Rules and Administration. It has two introduced co-sponsors: Senators Mike Lee and James Lankford.

Purpose and intent

Primary aim: Specify a uniform deadline by which ballots must be received for elections in which federal offices are contested.

Policy objective: Reduce ambiguity about ballot receipt timing, potentially standardizing when ballots are considered officially submitted for counting in federal elections.

Key provisions (highlights)

Amend HAVA: The bill would amend the existing Help America Vote Act of 2002 to incorporate a defined deadline for the receipt of ballots in federal elections.

Ballot receipt deadline: The exact deadline is not stated in the provided summary, but the measure would authorize or require that ballots received after the deadline are not counted for federal races.

Scope: Applies to elections for Federal office (e.g., U.S. Senate, U.S. House of Representatives).

Implementation: Likely would necessitate guidance to States on how to implement and verify ballot receipt timing, as well as procedures for certification and counting, though specific implementation details are not included in the summary provided.

Who and what would be affected

Voters: Individuals submitting absentee or mail-in ballots for federal elections would be subject to the new receipt deadline.

State election officials: State and local election offices that administer federal elections would need to adjust processes, communications, and tally procedures to enforce the deadline.

Federal elections: The handling and counting of ballots for federal offices could experience changes in how late ballots are treated.

Procedural and timeline aspects

Introduction: Bill introduced in the Senate.

Referral: Referred to the Committee on Rules and Administration (Aug 6, 2026).

Status: Read twice and referred to the committee, signaling an early stage in the legislative process.

Next steps: Committee considerations, potential hearings, amendments, and eventual floor action in the Senate; eventual reconciliation with House measures if applicable.

Potential impacts and considerations

Election administration: Could streamline counting and reduce disputes over late-arriving ballots, potentially increasing timeliness of results for federal races.

Accessibility and equity: Depending on the deadline and enforcement, late ballots (e.g., due to mail delays) could face stricter denial, raising concerns about voters in slow mail regions or with accessibility challenges.

Legal and logistical: States would need to align their ballot submission, tracking, and certification systems to the federal deadline, including any conflicts with existing state laws on ballot receipt or postmark requirements.

Note: The summary reflects the information available in the bill’s action history and title. Full text would provide precise deadline dates, exceptions (if any), enforcement mechanisms, and administrative procedures.