Ballots by Election Day Act
- Sponsor
- Sen. Lankford, James [R-OK]
- Committees
- Rules and Administration Committee (primary)
- Last action
- Aug 6, 2026
Bottom line
This bill mandates that most mail-in and absentee ballots for federal elections must be physically received by election officials by the close of polls on Election Day, overriding state laws that allow later receipt.
What it actually does
This bill amends the Help America Vote Act of 2002 (HAVA) to establish a federal mandate requiring that all absentee and mail-in ballots for elections for Federal office must be received by the appropriate election official no later than the time polls close on Election Day. It explicitly prohibits states from tabulating any such ballots received after this deadline, with a specific exception carved out for absent uniformed services voters and overseas voters.
Proponents argue
Proponents argue that establishing a clear, consistent Election Day deadline for ballot receipt enhances election integrity by ensuring timely election results and preventing prolonged periods of ballot counting that can erode public trust. They contend it aligns mail-in voting with the traditional in-person voting deadline, providing certainty and reducing opportunities for perceived irregularities.
Opponents contend
Opponents contend that this bill could disenfranchise a significant number of legitimate voters whose ballots are delayed by mail, particularly those who vote closer to Election Day, live in rural areas, or face other logistical challenges. They argue it places an undue burden on voters and could disproportionately affect certain demographics, undermining voter access.
The bill is very short and clearly written, making it highly accessible for a reader to understand its core provisions quickly.
Section 2(a), inserting new Section 305 into Title III of the Help America Vote Act of 2002
Deadline for Receipt of Ballots
This provision mandates that for all federal elections, absentee and mail-in ballots must be physically received by the appropriate election official no later than the time polls close on Election Day to be considered valid and counted. It explicitly prohibits states from tabulating any ballots received after this deadline. This requirement applies to elections for Federal office held in 2027 or any succeeding year.
Supporters argue
Supporters argue this provision ensures that election results are known promptly, prevents extended counting periods that can fuel distrust, and standardizes a clear deadline across states, thereby promoting election integrity and public confidence.
Critics contend
Critics argue this provision could disenfranchise voters due to mail delays, particularly those who vote closer to Election Day, and places an undue burden on voters who rely on mail-in voting, potentially reducing participation.
Tradeoffs
This provision balances the desire for timely election results and perceived election integrity against voter access and the practical realities of mail delivery, which can be unpredictable.
Section 2(c), new Section 305(c) of HAVA
Exception for Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) Voters
This provision explicitly exempts ballots cast by absent uniformed services voters and overseas voters (as defined in UOCAVA) from the Election Day receipt deadline. It also clarifies that this exemption does not preempt any existing state laws that might require these specific ballots to be received on or before Election Day.