H.R. 4915 — Election Mail Act

This section directs the Postal Service, to the maximum extent practicable, to process and clear absentee ballots transmitted by mail for federal elections (i.e., general, special, primary, or runoff elections for President, Vice President, Senator, Representative, Delegate, or Resident Commissioner) from any postal facility or post office on the same day received, excluding ballots for Armed Forces and overseas voters. (Thus, the requirement applies to domestic civilian absentee ballots.) It also makes conforming amendments to the heading and tables of contents for chapter 34 of title 39, U.S. Code (i.e., Armed Forces; Free Postage; Election Mail), with the changes applying to elections occurring on or after 60 days following enactment.

This section amends Title III of the Help America Vote Act of 2002 to establish new requirements for mailed ballots in federal elections by inserting subtitle B (1) requiring each state and jurisdiction to provide a return envelope containing an intelligent mail barcode (as prescribed by the U.S. Postal Service) with each mailed ballot, effective for elections occurring on or after January 1, 2026 (with an exception for states or jurisdictions using an alternative ballot tracking system); and (2) defining "state" to include the District of Columbia, Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands. The section further (1) redesignates existing sections 311 and 312 as 321 and 322 and subtitle B as subtitle C; (2) amends enforcement provisions to cover the new requirements; and (3) makes conforming and clerical amendments.

This section requires the U.S. Postal Service to indicate on envelopes of absentee ballots for federal elections—using a postmark or otherwise—that the ballot was carried by the Postal Service and the mailing date (39 U.S.C. 3408), effective for elections occurring 60 days after enactment. It further directs state and local election officials to affix Postal Service Tag 191 (or successor) to trays or sacks of official ballots for federal elections destined domestically or internationally; designate such ballots using the Official Election Mail logo; and ensure visibility of any intelligent mail barcode service type identifier (HAVA §312). This section also directs the Election Assistance Commission to issue voluntary guidance on these ballot visibility requirements by their effective date (i.e., 60 days after enactment) (52 U.S.C. 21101(b)(4)).

This section adds a new section 3409 to chapter 34 of title 39, U.S. Code, to establish requirements for U.S. Postal Service (USPS) handling of domestic election mail—defined as voter registration forms or cards, absentee or mail-in ballot applications or ballots, and related materials sent by election officials for federal elections (i.e., presidential, congressional general, special, primary, or runoff elections; excluding Uniformed and Overseas Absentee Voting Act materials). Specifically, it (1) requires USPS to carry such election mail according to first-class mail service standards and provide free postage for completed ballots; (2) prohibits operational changes that could restrict prompt delivery—such as removing mail collection boxes without immediate replacement or decommissioning sorting machines (except routine maintenance)—during the 120-day period ending on the date of a federal election; and (3) directs USPS to appoint an Election Mail Coordinator at each area and district office to share information with state, territorial, local, and Tribal election officials. It also amends the revenue forgone reimbursement provision (§2401(c)) to cover the new requirements and takes effect 180 days after enactment.

This section directs the Postmaster General to consult annually with Indian Tribes regarding United States Postal Service issues that present barriers to voting for eligible voters living on Indian lands. It defines Indian lands to include (1) Indian country (as defined in 18 U.S.C. 1151) of an Indian Tribe, (2) certain Alaska Native Claims Settlement Act lands owned by Native villages or associated Village Corporations, (3) a tribal seat of government, and (4) specified tribal or Alaska Native village statistical areas as defined by the Bureau of the Census; and defines Indian Tribe consistent with the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

This section establishes a uniform requirement under the Help America Vote Act of 2002 for states and localities to accept and process mailed ballots in federal elections if postmarked or otherwise indicated by the U.S. Postal Service as mailed on or before Election Day and received within seven days after the election. The provision applies to the regularly scheduled general election for federal office in November 2026 and each succeeding federal election and does not prohibit states from counting ballots received after that seven-day period.