Text of Senate Amendment 4683

Text of Senate Amendment 4683

Congressional Record, Volume 172 Issue 50 (Thursday, March 19, 2026) [Congressional Record Volume 172, Number 50 (Thursday, March 19, 2026)] [Senate] [Pages S1391-S1395] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4683. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows: In lieu of the matter proposed to be inserted, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Vote by Mail Act''. SEC. 2. VOTING BY MAIL. (a) In General.-- (1) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (A) by redesignating sections 305 and 306 as sections 306 and 307, respectively; and (B) by inserting after section 304 the following new section: ``SEC. 305. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. ``(a) Uniform Availability of Absentee Voting to All Voters.-- ``(1) In general.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. ``(2) Administration of voting by mail.-- ``(A) Prohibiting identification requirement as condition of obtaining or casting ballot.--A State may not require an individual to submit any form of identifying document as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prevent a State from requiring-- ``(i) the information required to complete an application for voter registration for an election for Federal office under section 303(a)(5)(A), provided that a State may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver's license number or a social security number; or ``(ii) a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot. ``(B) Prohibiting faulty matching requirements for identifying information.--A State may not deny a voter an absentee ballot or reject an absentee ballot cast by a voter-- ``(i) on the grounds that the voter provided a different form of identifying information under subparagraph (A) than the voter originally provided when registering to vote or when requesting an absentee ballot; or ``(ii) due to an error in, or omission of, identifying information required by a State under subparagraph (A), if such error or omission is not material to an individual's eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes (52 U.S.C. 10101(a)(2)(B)). ``(C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot.--A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter's signature. ``(3) No effect on identification requirements for first- time voters registering by mail.--Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section. ``(b) Due Process Requirements for States Requiring Signature Verification.-- ``(1) Requirement.-- ``(A) In general.--A State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). ``(B) Signature verification requirement described.--In this subsection, a `signature verification requirement' is a requirement that an election official verify the identification of an individual by comparing the signature of the individual on the mail-in ballot or absentee ballot with the individual's signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. ``(2) Due process requirements.-- ``(A) Notice and opportunity to cure discrepancy in signatures.--If an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall-- ``(i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and ``(II) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and ``(ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. ``(B) Notice and opportunity to cure missing signature or other defect.--If an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall-- ``(i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(I) the ballot did not include a signature or has some other defect; and ``(II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and ``(ii) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail- in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). ``(C) Other requirements.-- ``(i) In general.--An election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless-- ``(I) not fewer than 2 election officials make the determination; ``(II) each official who makes the determination has received training in procedures used to verify signatures; and ``(III) of the officials who make the determination, not fewer than 1 is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and not fewer than 1 is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. ``(ii) Exception.--Clause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. ``(3) Report.-- ``(A) In general.--Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: ``(i) The number of ballots invalidated due to a discrepancy under this subsection. ``(ii) Description of attempts to contact voters to provide notice as required by this subsection. ``(iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. [[Page S1392]] ``(B) Submission to congress.--Not later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. ``(C) Federal election cycle defined.--For purposes of this subsection, the term `Federal election cycle' means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. ``(4) Ru