I 119THCONGRESS 1 STSESSION H. R. 738 To amend the Help America Vote Act of 2002 to allow all eligible voters to vote by mail in Federal elections. IN THE HOUSE OF REPRESENTATIVES JANUARY24, 2025 Ms. S ALINAS(for herself, Ms. NORTON, Mr. CLEAVER, Mr. VARGAS, Mrs. D INGELL, Mr. MULLIN, Mr. JOHNSONof Georgia, Ms. TLAIB, and Mr. P OCAN) introduced the following bill; which was referred to the Com- mittee on House Administration A BILL To amend the Help America Vote Act of 2002 to allow all eligible voters to vote by mail in Federal elections. 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 ‘‘Universal Right To 4 Vote by Mail Act of 2025’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) An inequity of voting rights exists in the 8 United States because voters in some States have 9 VerDate Sep 11 2014 03:06 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H738.IH H738 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 738 IH the universal right to vote by mail while voters in 1 other States do not. 2 (2) Many voters often have work, family, or 3 other commitments that make getting to polls on the 4 date of an election difficult or impossible. Under 5 current State laws, many of these voters are not per-6 mitted to vote by mail. 7 (3) 36 States and the District of Columbia cur-8 rently allow universal absentee voting (also known as 9 ‘‘no-excuse’’ absentee voting), which permits any 10 voter to request a mail-in ballot without providing a 11 reason for the request, and no State which has im-12 plemented no-excuse absentee voting has switched 13 back. 14 (4) Voting by mail gives voters more time to 15 consider their choices, which is especially important 16 as many ballots contain greater numbers of ques-17 tions about complex issues than in the past due to 18 the expanded use of the initiative and referendum 19 process in many States. 20 (5) Allowing all voters the option to vote by 21 mail can lead to increased voter participation. 22 (6) Allowing all voters the option to vote by 23 mail can reduce waiting times for those voters who 24 choose to vote at the polls. 25 VerDate Sep 11 2014 03:06 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H738.IH H738 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 738 IH (7) Voting by mail is preferable to many voters 1 as an alternative to going to the polls. Voting by 2 mail has become increasingly popular with voters 3 who want to be certain that they are able to vote no 4 matter what comes up on Election Day. 5 (8) No evidence exists suggesting the potential 6 for fraud in absentee balloting is greater than the 7 potential for fraud by any other method of voting. 8 (9) Many of the reasons which voters in many 9 States are required to provide in order to vote by 10 mail require the revelation of personal information 11 about health, travel plans, or religious activities, 12 which violate voters’ privacy while doing nothing to 13 prevent voter fraud. 14 (10) State laws which require voters to obtain 15 a notary signature to vote by mail only add cost and 16 inconvenience to voters without increasing security. 17 SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL 18 IN FEDERAL ELECTIONS. 19 (a) I NGENERAL.—Subtitle A of title III of the Help 20 America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is 21 amended by inserting after section 303 the following new 22 section: 23 VerDate Sep 11 2014 03:06 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H738.IH H738 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 738 IH ‘‘SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY 1 MAIL. 2 ‘‘(a) I NGENERAL.—If an individual in a State is eli-3 gible to cast a vote in an election for Federal office, the 4 State may not impose any additional conditions or require-5 ments on the eligibility of the individual to cast the vote 6 in such election by mail, except to the extent that the 7 State imposes a deadline for requesting the ballot and re-8 lated voting materials from the appropriate State or local 9 election official and for returning the ballot to the appro-10 priate State or local election official. 11 ‘‘(b) N OTICE ANDOPPORTUNITYTOCUREDISCREP-12 ANCY ORDEFECT.— 13 ‘‘(1) N OTICE AND OPPORTUNITY TO CURE DIS -14 CREPANCY IN SIGNATURES .—If an individual sub-15 mits a mail-in ballot or an absentee ballot and the 16 appropriate State or local election official determines 17 that a discrepancy exists between the signature on 18 such ballot and the signature of such individual on 19 the official list of registered voters in the State or 20 other official record or document used by the State 21 to verify the signatures of voters, such election offi-22 cial, prior to making a final determination as to the 23 validity of such ballot, shall— 24 ‘‘(A) as soon as practical, but not later 25 than the next business day after such deter-26 VerDate Sep 11 2014 03:06 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H738.IH H738 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 738 IH mination is made, make a good faith effort to 1 notify the individual by mail, telephone, and (if 2 available) text message and electronic mail 3 that— 4 ‘‘(i) a discrepancy exists between the 5 signature on such ballot and the signature 6 of the individual on the official list of reg-7 istered voters in the State or other official 8 record or document used by the State to 9 verify the signatures of voters; and 10 ‘‘(ii) if such discrepancy is not cured 11 prior to the expiration of the third day fol-12 lowing the State’s deadline for receiving 13 mail-in ballots or absentee ballots, such 14 ballot will not be counted; and 15 ‘‘(B) cure such discrepancy and count the 16 ballot if, prior to the expiration of the third day 17 following the State’s deadline for receiving mail- 18 in ballots or absentee ballots, the individual pro-19 vides the official with information to cure such 20 discrepancy, either in person, by telephone, or 21 by electronic methods. 22 ‘‘(2) N OTICE AND OPPORTUNITY TO CURE MISS -23 ING SIGNATURE OR OTHER DEFECT .—If an indi-24 vidual submits a mail-in ballot or an absentee ballot 25 VerDate Sep 11 2014 03:06 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H738.IH H738 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 738 IH without a signature or submits a mail-in ballot or an 1 absentee ballot with another defect which, if left 2 uncured, would cause the ballot to not be counted, 3 the appropriate State or local election official, prior 4 to making a final determination as to the validity of 5 the ballot, shall— 6 ‘‘(A) as soon as practical, but not later 7 than the next business day after such deter-8 mination is made, make a good faith effort to 9 notify the individual by mail, telephone, and (if 10 available) text message and electronic mail 11 that— 12 ‘‘(i) the ballot did not include a signa-13 ture or has some other defect; and 14 ‘‘(ii) if the individual does not provide 15 the missing signature or cure the other de-16 fect prior to the expiration of the third day 17 following the State’s deadline for receiving 18 mail-in ballots or absentee ballots, such 19 ballot will not be counted; and 20 ‘‘(B) count the ballot if, prior to the expi-21 ration of the third day following the State’s 22 deadline for receiving mail-in ballots or absen-23 tee ballots, the individual provides the official 24 VerDate Sep 11 2014 03:06 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H738.IH H738 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 738 IH with the missing signature on a form proscribed 1 by the State or cures the other defect. 2 This paragraph does not apply with respect to a de-3 fect consisting of the failure of a ballot to meet the 4 applicable deadline for the acceptance of the ballot 5 under State law. 6 ‘‘(c) R ULE OFCONSTRUCTION.—Nothing in this sec-7 tion shall be construed to affect the authority of States 8 to conduct elections for Federal office through the use of 9 polling places at which individuals cast ballots on the date 10 of the election. 11 ‘‘(d) E FFECTIVEDATE.—A State shall be required 12 to comply with the requirements of this section with re-13 spect to elections for Federal office held in years beginning 14 with 2026.’’. 15 (b) C ONFORMINGAMENDMENT RELATING TOEN-16 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 17 is amended by striking ‘‘and 304’’ and inserting ‘‘303A, 18 and 304’’. 19 (c) C LERICALAMENDMENT.—The table of contents 20 for such Act is amended by inserting after the item relat-21 ing to section 303 the following new item: 22 ‘‘Sec. 303A. Promoting ability of voters to vote by mail.’’. Æ VerDate Sep 11 2014 03:06 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H738.IH H738 kjohnson on DSK7ZCZBW3PROD with $$_JOB