S. 5001: Ballots by Election Day Act

This bill would change federal election rules so that all ballots for federal offices must be received by election officials by the time polls close on Election Day in order to count. That would apply to regular elections, primaries, runoffs, and special elections, and it would include absentee and mail-in ballots.

Under the bill, states would not be allowed to count ballots that arrive after the polls close. In practical terms, this would mean that ballots mailed before Election Day but delivered afterward generally would not be valid for federal races.

The bill includes a specific exception for ballots cast by absent uniformed services voters and overseas voters covered by the Uniformed and Overseas Citizens Absentee Voting Act. Those ballots would not have to meet the Election Day receipt deadline set in the bill.

The change would take effect for federal elections held in 2027 and later.

To support enforcement, the bill also updates the Help America Vote Act so that the new ballot-receipt rule would be subject to its enforcement provisions.

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