What This Bill Does
This bill allows all eligible voters to vote by mail in federal elections without needing to provide a reason. It also requires states to automatically register people to vote when they get or renew a driver's license.
Who It Affects
Eligible voters in all states, state election officials, state motor vehicle authorities that issue driver's licenses, the United States Postal Service.
Key Provisions
- States cannot add extra conditions for eligible voters to cast ballots by mail in federal elections, except for setting deadlines to return ballots (Sec. 3(a), Section 303A(a))
- States must mail ballots to all registered voters at least 2 weeks before any federal election (Sec. 3(a), Section 303A(b))
- All mail-in ballots must be accessible to people with disabilities in a way that provides the same privacy and independence as voting in person (Sec. 3(a), Section 303A(c))
- Blank ballots and completed ballots mailed for federal elections are carried free of charge by the postal service (Sec. 3(b), Section 3407)
- State motor vehicle authorities must send voter information to election officials, who then notify eligible unregistered people that they will be automatically registered unless they decline within 21 calendar days (Sec. 4(a), Section 5(b)(2)(A))
What Changes
Beginning in 2024, states cannot require voters to provide excuses or meet additional eligibility rules to vote by mail in federal elections. States must mail ballots automatically 2 weeks before elections. Voters who interact with state motor vehicle authorities will be automatically registered to vote in federal elections unless they decline within 21 days.
Important Definitions
"Applicable individual" means any person who seeks assistance from, receives benefits from, or receives service or assistance from a state motor vehicle authority that issues driver's licenses.
Effective Date
Mail-in voting requirements apply to federal elections held in years starting with 2024 (Sec. 3(a), Section 303A(e)). Automatic voter registration requirements take effect 180 days after the bill becomes law (Sec. 4(d)).
II
118TH CONGRESS
1ST SESSION
S. 700
To amend the Help America Vote Act of 2002 to allow all eligible voters
to vote by mail in Federal elections, to amend the National Voter Reg-
istration Act of 1993 to provide for automatic voter registration.
IN THE SENATE OF THE UNITED STATES
MARCH 8, 2023
Mr. WYDEN (for himself, Mr. SCHATZ, Mr. MARKEY, Mrs. FEINSTEIN, Mr.
VAN HOLLEN, Mr. BOOKER, Ms. WARREN, Mr. BLUMENTHAL, Ms.
CANTWELL, Mr. CARPER, Mr. MURPHY, Mr. WHITEHOUSE, Ms. BALD-
WIN, Mr. WELCH, Mr. BROWN, and Mr. MERKLEY) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Rules
and Administration
A BILL
To amend the Help America Vote Act of 2002 to allow
all eligible voters to vote by mail in Federal elections,
to amend the National Voter Registration Act of 1993
to provide for automatic voter registration.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Vote at Home Act of
4
2023’’.
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SEC. 2. FINDINGS.
1
Congress finds the following:
2
(1) An inequity of voting rights exists in the
3
United States because voters in some States have
4
the universal right to vote by mail while voters in
5
other States do not.
6
(2) Many voters often have work, family, or
7
other commitments that make getting to polls and
8
waiting in line on the date of an election difficult or
9
impossible. Many citizens with disabilities are phys-
10
ically unable to vote due to long lines, inadequate
11
parking, no curb cuts, steep ramps, and large
12
crowds. In 2012, 30 percent of voters with disabil-
13
ities had difficulty voting, and in 2016, nearly two-
14
thirds of the 137 polling places inspected on election
15
day had at least one impediment to people with dis-
16
abilities. However, with expanded access to mail-in
17
ballots, people with disabilities made large gains in
18
2020 with a historic voter turnout surge.
19
(3) In 2020, despite a global pandemic, the
20
general election saw record high turnout as a result
21
of increased vote by mail options, which allowed vot-
22
ers to cast a ballot and stay safe at the same time.
23
(4) Thirty-four States and the District of Co-
24
lumbia allow universal absentee voting (also known
25
as ‘‘no-excuse’’ absentee voting), which permits any
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voter to request a mail-in ballot without providing a
1
reason for the request. No State which has imple-
2
mented no-excuse absentee voting has repealed it.
3
(5) Five States currently hold elections entirely
4
by mail. Eight States proactively send all registered
5
voters a ballot to be submitted by mail or dropped
6
off at a designated location. At least 22 States cur-
7
rently allow some elections to be conducted by mail,
8
especially in large and rural jurisdictions where vot-
9
ing by mail is especially convenient. Polling stations
10
in rural jurisdictions tend to have higher costs per
11
voter, smaller staffs, and limited resources. Trans-
12
portation is often a crucial barrier for rural voters.
13
(6) In 2020, in order to provide greater accessi-
14
bility and to protect the public health, 30 States
15
adopted or changed their laws for the general elec-
16
tion to allow voters to cast their ballots from home.
17
These changes included removing strict excuse re-
18
quirements, allowing COVID–19 concerns to be a
19
valid excuse to vote absentee, allowing ballot drop
20
boxes, offering prepaid postage on election mail, and
21
proactively sending all active registered voters appli-
22
cations to request an absentee ballot—with some
23
States even skipping that step and sending the ac-
24
tual ballots.
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(7) Voting by mail gives voters more time to
1
consider their choices, which is especially important
2
as many ballots contain greater numbers of ques-
3
tions about complex issues than in the past due to
4
the expanded use of the initiative and referendum
5
process in many States.
6
(8) Voting by mail is cost effective. After the
7
State of Oregon adopted vote by mail for all voters
8
in 1996, the cost to administer an election in the
9
State dropped by nearly 30 percent over the next
10
few elections, from $3.07 per voter to $2.21 per
11
voter. After Colorado implemented all-mail balloting
12
in 2013, voting administration costs decreased by an
13
average of 40 percent. The cost of conducting vote-
14
by-mail elections is generally one-third to one-half
15
less than conducting polling place elections. Voting
16
by mail also saves a substantial amount by getting
17
rid of the temporary labor costs of hiring poll work-
18
ers. In addition to that cost, many jurisdictions have
19
been facing difficulty in obtaining sufficient numbers
20
of poll workers.
21
(9) Allowing all voters the option to vote by
22
mail can reduce waiting times for those voters who
23
choose to vote at the polls. In 2016, voters in Ari-
24
zona reported waiting in line from 1 to 5 hours to
25
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vote; in New York, voters reported that stations ran
1
out of ballots and did not have staff during all of
2
the hours scheduled for voting.
3
(10) Voting by mail is preferable to many vot-
4
ers as an alternative to going to the polls. In 2020,
5
43.2 percent of ballots in the United States were
6
cast by mail, up from 10 percent in 2000. Voting by
7
mail has become increasingly popular with voters
8
who want to be certain that they are able to vote no
9
matter what comes up on election day, as it reduces
10
the physical obstacles and eases the time constraints
11
connected with the act of voting.
12
(11) Despite attempts to claim that voting by
13
mail is susceptible to fraud, it is not. Strategies such
14
as tracking systems for ballots and postal service co-
15
operation in preventing ballots from being delivered
16
to names not recognized as receiving mail at an ad-
17
dress nearly eliminate the potential for fraud in vote
18
by mail elections. Evidence of undue influence or
19
voter coercion after vote-by-mail implementation in
20
Oregon has been nonexistent to minimal.
21
(12) Many of the reasons which voters in many
22
States are required to provide in order to vote by
23
mail require the revelation of personal information
24
about health, travel plans, or religious activities,
25
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which violate voters’ privacy while doing nothing to
1
prevent voter fraud.
2
(13) State laws which require voters to obtain
3
a notary signature to vote by mail only add cost and
4
inconvenience to voters without increasing security.
5
(14) Many voters choose to cast ballots early
6
when they have the option (over 50 percent in Ari-
7
zona, Arkansas, California, Colorado, Florida, Geor-
8
gia, Hawaii, Montana, Nevada, New Mexico, North
9
Carolina, Oregon, Tennessee, Texas, Utah, and
10
Washington). Approximately 70 percent of voters in
11
the 2020 election cast their ballot before election
12
day. In Oregon, 7 years after vote-by-mail election
13
implementation, over 80 percent of voters favored
14
the vote-by-mail system.
15
(15) Vote-by-mail typically increases turnout in
16
all elections, but can be particularly effective in in-
17
creasing voter participation in special elections and
18
primary elections. Oregon, Washington, and Colo-
19
rado, 3 of the 5 States with entirely vote by mail
20
elections, continue to have consistently high voter
21
turnout rates. In 2020, the presidential election
22
turnout was about 7 percentage points higher than
23
in 2016, and turnout rates increased in every State
24
compared with 2016. In the 10 States where it rose
25
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the most, 7 conducted their vote entirely or mostly
1
by mail, with 6 of those States having recently
2
adopted all-mail voting, either permanently (Utah
3
and Hawaii) or for the 2020 election only.
4
(16) A crucial component of a modern voting
5
system is making it easy, affordable, and accessible
6
to register to vote. Twenty-two States and the Dis-
7
trict of Columbia have enacted automatic voter reg-
8
istration policies, with Oregon and California becom-
9
ing the first to automatically register their citizens
10
to vote when they apply for a driver’s license. Auto-
11
matic, permanent voter registration has the potential
12
to increase participation, protect election integrity,
13
and reduce registration costs.
14
SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL
15
IN FEDERAL ELECTIONS.
16
(a) VOTING BY MAIL IN FEDERAL ELECTIONS.—
17
(1) IN GENERAL.—Subtitle A of title III of the
18
Help America Vote Act of 2002 (52 U.S.C. 21081
19
et seq.) is amended by inserting after section 303
20
the following new section:
21
‘‘SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY
22
MAIL.
23
‘‘(a) IN GENERAL.—If an individual in a State is eli-
24
gible to cast a vote in an election for Federal office, the
25
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State may not impose any additional conditions or require-
1
ments on the eligibility of the individual to cast the vote
2
in such election by mail, except to the extent that the
3
State imposes a deadline for returning the ballot to the
4
appropriate State or local election official.
5
‘‘(b) PROVISION OF BALLOT MATERIALS.—Not later
6
than 2 weeks before the date of any election for Federal
7
office, each State shall mail ballots to individuals who are
8
registered to vote in such election.
9
‘‘(c) ACCESSIBILITY FOR INDIVIDUALS WITH DIS-
10
ABILITIES.—All ballots provided under this section shall
11
be accessible to individuals with disabilities in a manner
12
that provides the same opportunity for access and partici-
13
pation (including for privacy and independence) as for
14
other voters.
15
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
16
tion shall be construed to affect the authority of States
17
to conduct elections for Federal office through the use of
18
polling places at which individuals cast ballots.
19
‘‘(e) EFFECTIVE DATE.—A State shall be required
20
to comply with the requirements of subsection (a) with re-
21
spect to elections for Federal office held in years beginning
22
with 2024.’’.
23
(2) CONFORMING
AMENDMENT
RELATING
TO
24
ENFORCEMENT.—Section 401 of such Act (52
25
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U.S.C. 21111) is amended by striking ‘‘and 303’’
1
and inserting ‘‘303, and 303A’’.
2
(3) CLERICAL AMENDMENT.—The table of con-
3
tents for such Act is amended by inserting after the
4
item relating to section 303 the following new item:
5
‘‘Sec. 303A. Promoting ability of voters to vote by mail.’’.
(b) FREE POSTAGE FOR VOTING BY MAIL.—
6
(1) IN
GENERAL.—Chapter 34 of title 39,
7
United States Code, is amended by adding at the
8
end the following:
9
‘‘§ 3407. Ballots provided for voting in Federal elec-
10
tions
11
‘‘The following shall be carried expeditiously and free
12
of postage:
13
‘‘(1) Blank ballots mailed pursuant to section
14
303A(b) of the Help America Vote Act of 2002 (in-
15
dividually or in bulk).
16
‘‘(2) Any ballot described in paragraph (1) that
17
is completed by a voter and mailed by the voter to
18
an election official for counting.’’.
19
(2) TECHNICAL
AND
CONFORMING
AMEND-
20
MENTS.—
21
(A) TABLE OF SECTIONS.—The table of
22
sections for chapter 34 of title 39, United
23
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States Code, is amended by adding at the end
1
the following:
2
‘‘3407. Ballots provided for voting in Federal elections.’’.
(B)
AUTHORIZATION
OF
APPROPRIA-
3
TIONS.—Section 2401(c) of title 39, United
4
States Code, is amended by striking ‘‘3403
5
through 3406’’ and inserting ‘‘3403 through
6
3407’’.
7
SEC. 4. AUTOMATIC VOTER REGISTRATION THROUGH
8
STATE MOTOR VEHICLE AUTHORITIES.
9
(a) AUTOMATIC VOTER REGISTRATION.—Section 5
10
of the National Voter Registration Act of 1993 (52 U.S.C.
11
20504) is amended to read as follows:
12
‘‘SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE
13
AUTHORITY.
14
‘‘(a) SIMULTANEOUS APPLICATION FOR VOTER REG-
15
ISTRATION
AND APPLICATION
FOR MOTOR VEHICLE
16
DRIVER’S LICENSE.—
17
‘‘(1) TRANSMISSION OF INFORMATION TO ELEC-
18
TION OFFICIALS.—Each State’s motor vehicle au-
19
thority, upon receiving any of the identifying infor-
20
mation described in paragraph (2) with respect to
21
any applicable individual, shall securely transmit the
22
identifying information to the appropriate State elec-
23
tion official.
24
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‘‘(2) IDENTIFYING INFORMATION DESCRIBED.—
1
The identifying information described in this para-
2
graph with respect to any individual is as follows:
3
‘‘(A) The individual’s legal name.
4
‘‘(B) The individual’s age.
5
‘‘(C) The individual’s residence.
6
‘‘(D) The individual’s citizenship status.
7
‘‘(E) The individual’s electronic signature.
8
‘‘(b) DUTIES OF OFFICIALS RECEIVING INFORMA-
9
TION.—
10
‘‘(1) IN GENERAL.—Upon receiving the identi-
11
fying information with respect to an applicable indi-
12
vidual under subsection (a), the appropriate State
13
election official shall determine—
14
‘‘(A) whether such individual is eligible to
15
vote in an election for Federal office; and
16
‘‘(B) whether such individual is currently
17
registered to vote in elections for Federal office
18
at the address provided in such identifying in-
19
formation.
20
‘‘(2) NOTIFICATION TO INDIVIDUALS.—
21
‘‘(A) ELIGIBLE
UNREGISTERED
INDIVID-
22
UALS.—In the case of an applicable individua
[Text truncated for display. Full text available on Congress.gov.]