1. Short title
This Act may be cited as the “Election Mail Act of 2020”.
Election Mail Act of 2020
A BILL
To require the United States Postal Service to treat election mail as first-class mail and deliver such mail at no cost to the sender, and for other purposes.
2. Election mail
Treatment of election mail—
Treatment as first-class mail; free postage— Chapter 34 of title 39, United States Code, is amended by adding at the end the following:
“3407. Domestic election mail
“(a) Definition—In this section, the term election mail—
“(1) means—
“(A) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office;
“(B) 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
“(C) 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; and
“(2) does not include balloting materials covered under section 3406 (relating to the Uniformed and Overseas Citizens Absentee Voting Act).
“(b) Carriage of election mail—Election mail (individually or in bulk) shall be carried—
“(1) in accordance with the service standards established for first-class mail under section 3691; and
“(2) free of postage.
“(c) Postmark required for ballots—In the case of any election mail carried by the Postal Service that consists of a ballot, 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.”
Reimbursement of Postal Service for revenue forgone— Section 2401(c) of title 39, United States Code, is amended by striking “3406” and inserting “3407”.
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:
Effective date—
In general— The amendments made by this section shall apply to election mail relating to an election for Federal office occurring on or after January 1, 2022.
Sense of congress relating to application to 2020 general election— It is the sense of Congress that the United States Postal Service should make all reasonable efforts to comply with subsections (b)(1) and (c) of section 3407 of title 39, United States Code, as added by subsection (a)(1) of this section, with respect to election mail relating to the general election for Federal office in 2020.
3. Intelligent mail barcodes for ballots
In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081) is amended by adding at the end the following new subtitle:
“C Requirements relating to mailed ballots
“321. Use of intelligent mail barcodes
“(a) In general—Each State and jurisdiction shall provide with each ballot for an election for Federal office that is sent by mail a return envelope that contains an intelligent mail barcode, as prescribed by the United States Postal Service.
“(b) Exception—Subsection (a) shall not apply to any ballot for which a State or jurisdiction uses an alternative system that enables voters to track the ballot through the mail.
“(c) State—For purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.”
Enforcement— Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by inserting “or the requirements for mailed ballots under subtitle C of title III” before the period at the end.
Clerical amendment— The table of contents of such Act is amended by inserting after the item relating to section 312 the following:
4. Deadlines for ballots submitted by mail
In general— Subtitle C of title III of the Help America Vote Act of 2002, as added by section 3, is amended by adding at the end the following new section:
“322. Deadline for ballots submitted by mail
“(a) In general—Each State and jurisdiction shall count a ballot submitted by an individual by mail with respect to an election for Federal office in the State—
“(1) if it is postmarked, signed, or otherwise indicated by the United States Postal Service to have been mailed on or before the close of polls on the date of the election; and
“(2) received by the appropriate State election official on or before the date that is 10 days after the date of such election.
“(b) No inference—Nothing in this section shall be construed as prohibiting a State or jurisdiction from having a law that allows for counting ballots in an election for Federal office that are received through the mail after the date that is 10 days after the date of the election.”
Private right of action— Title IV of the Help America Vote Act of 2002 (52 U.S.C. 21111 et seq.) is amended by adding at the end the following new section:
“403. Private right of action for violations of mail-in ballot deadline
“(a) In general—In the case of a violation of section 322, section 402 shall not apply and any person who is aggrieved by such violation may provide written notice of the violation to the chief election official of the State involved.
“(b) Relief—If the violation is not corrected within 5 days after receipt of the notice, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation.
“(c) Notice not required—The aggrieved person need not provide notice to the chief election official of the State involved under subsection (a) before bringing a civil action under subsection (b).”
Clerical amendments— The table of contents of such Act, as amended by section 3, is amended—
by inserting after the item relating to section 321 the following new item:
and
by inserting after the item relating to section 402 the following:
5. Greater visibility for ballots
In general— Subtitle C of title III of the Help America Vote Act of 2002, as added by section 3 and amended by section 4, is amended by adding at the end the following new section:
“323. Ballot visibility
“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 ballot mail 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 mail pieces relating to an election for Federal office that is destined for a domestic or international address; and
“(3) if an intelligent mail barcode (as described in section 321) is utilized for any mail 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.”
Clerical amendment— The table of contents for such Act, as amended by sections 3 and 4, is amended by inserting after the item relating to section 322 the following new item:
6. Effective date
In general— Subtitle C of title III of the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), as added by section 3 and amended by sections 4 and 5, is amended by adding at the end the following new section:
“324. Effective date
“The requirements of this subtitle shall apply to elections for Federal office occurring on and after January 1, 2022.”
Clerical amendment— The table of contents for such Act, as amended by sections 3, 4, and 5, is amended by inserting after the item relating to section 323 the following new item:
Sense of Congress relating to application to 2020 general election— It is the sense of Congress that States and jurisdictions should make all reasonable efforts to comply with the provisions of subtitle C of title III of the Help America Vote Act of 2002, as added by this Act, for the general election for Federal office in 2020.