Federal law would reject mail ballots arriving after polls close
S. 5355 — Ballots by Election Day Act · Filed by James Lankford (R-OK) · 1 cosponsor · Introduced Aug 6, 2026 · Referred to committee
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What it does
This bill amends federal election law to require that all absentee and mail-in ballots for federal elections must be received by election officials by the time polls close on Election Day to be counted. The only exception is for military and overseas voters, who retain their existing rights under federal law. The rule takes effect in 2027.
Why we flagged it
The bill's operative mechanism is a hard deadline for ballot receipt that eliminates existing grace periods in state law. Despite framing as an 'election integrity' measure, it functions as a restriction on voting access by disenfranchising voters whose ballots arrive after polls close.
What the text implies
- The bill creates unequal voting standards: military and overseas voters retain grace periods, while domestic voters do not. This may invite legal challenge on equal-protection grounds.
- States with robust mail-in voting systems (which often have higher turnout) will be forced to either reject valid ballots or change their procedures, potentially reducing mail-in participation.
The full analysis lists 4 implications of this text.
Who it affects
The bill restricts the window for ballot receipt to Election Day closing time, eliminating the grace periods many states currently allow for mail-in ballots that arrive shortly after Election Day. This disenfranchises voters whose ballots are delayed in transit through no fault of their own—a concrete harm to voting access—while providing no offsetting public benefit.