Title: Election Mail Act of 2020
Policy area: Government Operations and Politics

Summary:
Election Mail Act of 2020
This bill directs the U.S. Postal Service to treat election mail as first-class mail and deliver such mail without postage, establishes certain standards for mail-in ballots, and requires states to count mail-in ballots that are postmarked by election day and arrive within 10 days after the election.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4652 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4652

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2020

 Ms. Klobuchar introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Election Mail Act of 2020''.

SEC. 2. ELECTION MAIL.

    (a) Treatment of Election Mail.--
            (1) Treatment as first-class mail; free postage.--Chapter 
        34 of title 39, United States Code, is amended by adding at the 
        end the following:
``Sec. 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.''.
            (2) Reimbursement of postal service for revenue forgone.--
        Section 2401(c) of title 39, United States Code, is amended by 
        striking ``3406'' and inserting ``3407''.
    (b) 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:

``3407. Domestic election mail.''.
    (c) Effective Date.--
            (1) 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.
            (2) 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.

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 by adding at the end the following new 
subtitle:

         ``Subtitle C--Requirements Relating to Mailed Ballots

``SEC. 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.''.
    (b) 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.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 312 the 
following:

         ``Subtitle C--Requirements Relating to Mailed Ballots

``Sec. 321. Use of intelligent mail barcodes.''.

SEC. 4. DEADLINES FOR BALLOTS SUBMITTED BY MAIL.

    (a) 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:

``SEC. 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.''.
    (b) 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:

``SEC. 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).''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 3, is amended--
            (1) by inserting after the item relating to section 321 the 
        following new item:

``Sec. 322. Deadline for ballots submitted by mail.'';
    and
            (2) by inserting after the item relating to section 402 the 
        following:

``Sec. 403. Private right of action for violations of mail-in ballot 
                            deadline.''.

SEC. 5. GREATER VISIBILITY FOR BALLOTS.

    (a) 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:

``SEC. 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.''.
    (b) 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:

``Sec. 323. Ballot visibility.''.

SEC. 6. EFFECTIVE DATE.

    (a) 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:

``SEC. 324. EFFECTIVE DATE.

    ``The requirements of this subtitle shall apply to elections for 
Federal office occurring on and after January 1, 2022.''.
    (b) 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:

``Sec. 324. Effective date.''.
    (c) 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.
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