I 
118TH CONGRESS 
1ST SESSION H. R. 2987 
To amend title 39, United States Code, and the Help America Vote Act 
of 2002 to improve procedures and requirements related to election mail. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2023 
Ms. WILLIAMS of Georgia (for herself, Mr. THOMPSON of Mississippi, Mr. 
JOHNSON of Georgia, Ms. CROCKETT, Ms. JACKSON LEE, Mrs. WATSON 
COLEMAN, Ms. NORTON, Mr. MOULTON, Mr. SCHIFF, Ms. SEWELL, Mr. 
TRONE, Mr. VEASEY, Mr. MULLIN, Ms. LEE of California, Ms. TOKUDA, 
Ms. BARRAGA´N, Ms. BROWNLEY, Mr. ESPAILLAT, and Mr. LANDSMAN) 
introduced the following bill; which was referred to the Committee on 
House Administration, and in addition to the Committee on Oversight 
and Accountability, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend title 39, United States Code, and the Help Amer-
ica Vote Act of 2002 to improve procedures and require-
ments related to election mail. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Election Mail Act’’. 
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SEC. 2. SAME-DAY PROCESSING OF ABSENTEE BALLOTS. 
(a) IN GENERAL.—Chapter 34 of title 39, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3407. Same-day processing of ballots 
‘‘(a) IN GENERAL.—The Postal Service shall ensure, 
to the maximum extent practicable, that any ballot carried 
by the Postal Service is processed by and cleared from 
any postal facility or post office on the same day that the 
ballot is received by that postal facility or post office. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘ballot’ means any ballot trans-
mitted by a voter by mail in an election for Federal 
office, but does not include any ballot covered by 
section 3406; and 
‘‘(2) the term ‘election for Federal office’ means 
a general, special, primary, or runoff election for the 
office of President or Vice President, or of Senator 
or Representative in, or Delegate or Resident Com-
missioner to, the Congress.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER
HEADING.—The heading for 
chapter 34 of title 39, United States Code, is 
amended by striking ‘‘ARMED FORCES AND 
FREE POSTAGE’’ and inserting ‘‘ARMED 
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FORCES; FREE POSTAGE; ELECTION 
MAIL’’. 
(2) TABLE OF CHAPTERS.—The table of chap-
ters for part IV of title 39, United States Code, is 
amended by striking the item relating to chapter 34 
and inserting the following: 
‘‘34. Armed Forces; Free Postage; Election Mail .................. 3401’’. 
(3) TABLE OF SECTIONS.—The table of sections 
for chapter 34 of title 39, United States Code, is 
amended by adding at the end the following: 
‘‘3407. Same-day processing of ballots.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this subsection shall apply to absentee ballots relating to 
an election for Federal office occurring on or after the 
date that is 60 days after the date of enactment of this 
Act. 
SEC. 3. INTELLIGENT MAIL BARCODES FOR BALLOTS. 
(a) IN GENERAL.—Title III of the Help America 
Vote Act of 2002 (52 U.S.C. 21081) is amended— 
(1) by redesignating section 311 and section 
312 as sections 321 and 322, respectively; 
(2) by redesignating subtitle B as subtitle C; 
and 
(3) by inserting after subtitle A the following 
new subtitle: 
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‘‘Subtitle B—Requirements 
Relating to Mailed Ballots 
‘‘SEC. 311. 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 alter-
native 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 Common-
wealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands. 
‘‘(d) EFFECTIVE DATE.—The requirements of this 
section shall apply to elections for Federal office occurring 
on or after January 1, 2024.’’. 
(b) ENFORCEMENT.—Section 401 of the Help Amer-
ica Vote Act of 2002 (52 U.S.C. 21111) is amended by 
inserting ‘‘or the requirements relating to mailed ballots 
under subtitle B of title III’’ before the period at the end. 
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(c) CONFORMING AMENDMENT.—Section 321(a) of 
such Act (52 U.S.C. 21101), as redesignated by sub-
section (a), is amended by striking ‘‘section 312’’ and in-
serting ‘‘section 322’’. 
(d) CLERICAL AMENDMENTS.—The table of contents 
of such Act is amended— 
(1) by striking ‘‘Subtitle B—Voluntary’’ and in-
serting ‘‘Subtitle C—Voluntary’’; 
(2) by redesignating the items relating to sec-
tions 311 and 312 as relating to sections 321 and 
322, respectively; and 
(3) by inserting after the item relating to sec-
tion 305 the following: 
‘‘Subtitle B—Requirements Relating to Mailed Ballots 
‘‘Sec. 311. Use of intelligent mail barcodes.’’. 
SEC. 4. ELECTION MAIL AND DELIVERY IMPROVEMENTS. 
(a) POSTMARK REQUIRED FOR BALLOTS.— 
(1) IN
GENERAL.—Chapter 34 of title 39, 
United States Code, as amended by section 2, is 
amended by adding at the end the following: 
‘‘§ 3408. Postmark required for ballots 
‘‘(a) IN GENERAL.—In the case of any absentee bal-
lot carried by the Postal Service, the Postal Service shall 
indicate on the ballot envelope, using a postmark or other-
wise— 
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‘‘(1) the fact that the ballot was carried by the 
Postal Service; and 
‘‘(2) the date on which the ballot was mailed. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘absentee ballot’ means any ballot 
transmitted by a voter by mail in an election for 
Federal office, but does not include any ballot cov-
ered by section 3406; and 
‘‘(2) the term ‘election for Federal office’ means 
a general, special, primary, or runoff election for the 
office of President or Vice President, or of Senator 
or Representative in, or Delegate or Resident Com-
missioner to, the Congress.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 34 of title 
39, United States Code, as amended by section 2, is 
amended by adding at the end the following: 
‘‘3408. Postmark required for ballots.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to absentee ballots re-
lating to an election for Federal office occurring on 
or after the date that is 60 days after the date of 
enactment of this Act. 
(b) GREATER VISIBILITY FOR BALLOTS.— 
(1) IN GENERAL.—Subtitle C of title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21081 
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et seq.), as added by section 3, is amended by add-
ing at the end the following new section: 
‘‘SEC. 312. BALLOT VISIBILITY. 
‘‘(a) IN GENERAL.—Each State or local election offi-
cial 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 official ballots relating to an election for 
Federal office that is destined for a domestic or 
international address; 
‘‘(2) use the Official Election Mail logo to des-
ignate official ballots relating to an election for Fed-
eral office that is destined for a domestic or inter-
national address; and 
‘‘(3) if an intelligent mail barcode (as described 
in section 311) is utilized for any official ballot re-
lating to an election for Federal office that is des-
tined for a domestic or international address, ensure 
the specific ballot service type identifier for such 
mail is visible. 
‘‘(b) EFFECTIVE DATE.—The requirements of this 
section shall apply to elections for Federal office occurring 
on and after the date that is 60 days after the date of 
enactment of this section.’’. 
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(2) ISSUANCE
OF
VOLUNTARY
GUIDANCE
BY 
ELECTION
ASSISTANCE
COMMISSION.—Section 
321(b) of such Act (52 U.S.C. 21101(b)), as redes-
ignated by section 3, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (2); 
(B) by striking the period at the end of 
paragraph (3) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of the recommendations with 
respect to section 312, the date described in section 
312(b).’’. 
(3) CLERICAL AMENDMENT.—The table of con-
tents of such Act, as amended by section 3, is 
amended by inserting after the item relating to sec-
tion 311 the following new item: 
‘‘Sec. 312. Ballot visibility.’’. 
SEC. 5. CARRIAGE OF ELECTION MAIL. 
(a) TREATMENT OF ELECTION MAIL.— 
(1) TREATMENT AS FIRST-CLASS MAIL; FREE 
POSTAGE.—Chapter 34 of title 39, United States 
Code, as amended by section 4(a), is amended by 
adding at the end the following: 
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‘‘§ 3409. Domestic election mail; restriction of oper-
ational changes prior to elections 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELECTION
FOR
FEDERAL
OFFICE.—The 
term ‘election for Federal office’ means a general, 
special, primary, or runoff election for the office of 
President or Vice President, or of Senator or Rep-
resentative in, or Delegate or Resident Commis-
sioner to, the Congress. 
‘‘(2) ELECTION MAIL.—The term ‘election mail’ 
means— 
‘‘(A) a blank or completed voter registra-
tion 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. 
‘‘(b) CARRIAGE OF ELECTION MAIL.—Election mail 
(other than balloting materials covered under section 3406 
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(relating to the Uniformed and Overseas Absentee Voting 
Act)), individually or in bulk, shall be carried in accord-
ance with the service standards established for first-class 
mail under section 3691. 
‘‘(c) NO POSTAGE REQUIRED FOR COMPLETED BAL-
LOTS.—Completed absentee or other mail-in ballots (other 
than balloting materials covered under section 3406 (relat-
ing to the Uniformed and Overseas Absentee Voting Act)) 
shall be carried free of postage. 
‘‘(d) RESTRICTION OF OPERATIONAL CHANGES.— 
During the 120-day period that ends on the date of an 
election for Federal office, the Postal Service may not 
carry out any operational change that would restrict the 
prompt and reliable delivery of election mail. This sub-
section applies to operational changes which include— 
‘‘(1) removing or eliminating any mail collection 
box without immediately replacing it; and 
‘‘(2) removing, decommissioning, or any other 
form of stopping the operation of mail sorting ma-
chines, other than for routine maintenance. 
‘‘(e) ELECTION MAIL COORDINATOR.—The Postal 
Service shall appoint an Election Mail Coordinator at each 
area office and district office to facilitate relevant informa-
tion sharing with State, territorial, local, and Tribal elec-
tion officials in regards to the mailing of election mail.’’. 
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(2) REIMBURSEMENT OF POSTAL SERVICE FOR 
REVENUE FORGONE.—Section 2401(c) of title 39, 
United States Code, is amended by striking ‘‘sec-
tions 3217 and 3403 through 3406’’ and inserting 
‘‘sections 3217, 3403 through 3406, and 3409’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 34 of title 39, United 
States Code, as amended by section 4(a), is amended by 
adding at the end the following: 
‘‘3409. Domestic election mail; restriction of operational changes prior to elec-
tions.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect upon the expiration of the 
180-day period that begins on the date of enactment of 
this section. 
SEC. 6. UNITED STATES POSTAL SERVICE CONSULTATION. 
(a) IN GENERAL.—The Postmaster General shall 
consult with Indian Tribes, on an annual basis, regarding 
issues relating to the United States Postal Service that 
present barriers to voting for eligible voters living on In-
dian lands. 
(b) DEFINITIONS.—For purposes of this section— 
(1) INDIAN LANDS.—The term ‘‘Indian lands’’ 
means— 
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(A) any Indian country, as such term is 
defined in section 1151 of title 18, United 
States Code, of an Indian Tribe; 
(B) any land in Alaska that is owned, pur-
suant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.), by— 
(i) an Indian Tribe that is a Native 
village (as such term is defined in section 
3 of such Act (43 U.S.C. 1602)); or 
(ii) a Village Corporation (as such 
term is defined in such section 3) that is 
associated with an Indian Tribe described 
in clause (i); 
(C) any land on which the seat of govern-
ment of an Indian Tribe is located; and 
(D) any land that is part or all of a Tribal 
designated statistical area associated with an 
Indian Tribe, or is part or all of an Alaska Na-
tive village statistical area associated with an 
Indian Tribe, as defined by the Bureau of the 
Census for the purposes of the most recent de-
cennial census. 
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means the recognized governing body of any Indian 
or Alaska Native Tribe, band, nation, pueblo, village, 
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community, component band, or component reserva-
tion, individually identified (including parentheti-
cally) in the list published most recently pursuant to 
section 104 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5131). 
SEC. 7. UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED 
BALLOTS. 
(a) IN GENERAL.—Subtitle C of title III of the Help 
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
added by section 3 and amended by section 4, is amended 
by adding at the end the following new section: 
‘‘SEC. 313. UNIFORM DEADLINE FOR ACCEPTANCE OF 
MAILED BALLOTS. 
‘‘(a) IN GENERAL.—A State or local election official 
may not refuse to accept or process a ballot submitted by 
an individual by mail with respect to an election for Fed-
eral office in the State on the grounds that the individual 
did not meet a deadline for returning the ballot to the 
appropriate State or local election official if— 
‘‘(1) the ballot is postmarked or otherwise indi-
cated by the United States Postal Service to have 
been mailed on or before the date of the election; 
and 
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‘‘(2) the ballot is received by the appropriate 
election official prior to the expiration of the 7-day 
period which begins on the date of the election. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a State from having 
a law that allows for counting of ballots in an election for 
Federal office that are received through the mail after the 
date that is 7 days after the date of the election. 
‘‘(c) EFFECTIVE DATE.—This section shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2024 and each succeeding 
election for Federal office.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by sections 3 and 4, is amended 
by inserting after the item relating to section 312 the fol-
lowing new item: 
‘‘Sec. 313. Uniform deadline for acceptance of mailed ballots.’’. 
Æ 
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