Ballots by Election Day Act

“305. Deadline for receipt of ballots

“(a) In general—To be considered validly cast and eligible to be counted in an election for Federal office, an absentee or mail-in ballot 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 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

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

“(2) No inference—Nothing in this subsection shall be construed to preempt any State law that requires ballots cast by voters described in paragraph (1) to be received on or before the date of the election.

“(d) Effective date—This section shall apply with respect to elections for Federal office held in 2027 or any succeeding year.”