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S. 4369: Absentee and Mail Voter Protection Act

This bill, known as the Absentee and Mail Voter Protection Act, aims to repeal an executive order related to federal elections, known as Executive Order 14399, which was enacted on March 31, 2026. This executive order is characterized as having exceeded presidential authority, being unconstitutional, and likely to disenfranchise many voters.

Key Provisions of the Bill

Repeal of Executive Order: The bill states that Executive Order 14399 shall have no force or effect, effectively nullifying its implications on federal elections.
Restrictions on Federal Funding:
- No federal funds may be used to implement, administer, enforce, or carry out the executive order or any similar future orders.
- Specifically, the United States Postal Service (USPS) cannot use any federal funds related to this executive order.
Prohibition on Creation of Databases: The bill prohibits federal funds from being used by a range of federal agencies (like Department of Homeland Security and Department of Justice) to:
- Create a national voter registration database or a national citizenship database for federal election purposes.
- Compile citizenship lists using existing databases.
- Collect statewide voter registration lists for federal elections.
Mail-In and Absentee Ballot Regulation: Federal funds cannot be used to regulate mail-in and absentee ballots in federal elections or to determine voter eligibility for mail voting.
State Voter Registration Lists: The bill restricts the Department of Justice from using federal funds to compel states to produce their statewide voter registration lists.
Sharing of Voter Registration Lists: There are further restrictions on sharing statewide voter registration lists between federal agencies and conducting data matching activities using these lists.

Context and Findings

The bill includes findings asserting that the authority to regulate elections lies with Congress and the states, reflecting legislative intent that contrasts with the executive order. It highlights the historical context of absentee voting in the U.S., noting that as of 2026, all 50 states allow absentee voting in some form. The bill references significant increases in mail-in voting during elections, particularly during the COVID-19 pandemic.

Impact on Federal Institutions

This legislation underscores the autonomy of the United States Postal Service regarding election mail and reiterates the necessity for timely delivery of election materials, particularly mail-in ballots. Furthermore, it aims to ensure that measures taken in federal elections do not compromise voter participation.