Lankford, Lee Introduce the Ballots by Election Day Act to Restore Confidence in Federal Elections

WASHINGTON, DC — US Senators James Lankford (R-OK) and Mike Lee (R-UT) today introduced the Ballots by Election Day Act to require that all absentee and mail-in ballots in federal elections be received by the time polls close on Election Day. In Watson v. Republican National Committee , the US Supreme Court upheld Mississippi’s law allowing mail-in ballots postmarked by Election Day to be counted up to five days after and held that federal election-day statutes do not set a deadline for ballot receipt. The Ballots by Election Day Act legislatively closes that gap by setting a uniform federal deadline that requires ballots to be in the hands of election officials by the time polls close. “Election Day should mean Election Day,” said Lankford . “Americans should not have to wait days or weeks while states like California keep counting ballots. The SAVE Act, this bill, and every other effort to secure our elections are about the same thing: making sure the American people can trust the results. If your ballot is going to count, it needs to be in the hands of election officials by the time the polls close.” “Congress holds the constitutional authority to set the times, places, and manner of federal elections,” said Lee. “States counting late ballots are inviting fraud and sowing doubt in their own election results. Our bill will clarify protocol and restore trust by counting only ballots received before the polls close on election day.” Background Currently, states set their own deadlines for receipt of absentee and mail-in ballots in federal elections, with some states accepting ballots for days after Election Day so long as they are postmarked by Election Day. In Watson v. Republican National Committee , the Supreme Court held that federal law does not currently prohibit states from counting late-arriving ballots. The Ballots by Election Day Act would establish a uniform federal deadline for receipt of ballots in federal elections. The Ballots by Election Day Act : Amends the Help America Vote Act of 2002 to require that absentee and mail-in ballots in federal elections be received by the appropriate election official no later than the time polls close on Election Day. Prohibits states from counting absentee or mail-in ballots received after polls close on Election Day. Preserves existing protections for absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Applies to federal elections held in 2027 and every year thereafter. Lankford is an original cosponsor of the Safeguard American Voter Eligibility (SAVE) Act and the SAVE America Act and has voted for the SAVE Act six times on the Senate floor. You can download the full bill text HERE and can learn more in Fox News HERE . ###