SenateS. 5505119th Congress

Safe and Fair Elections Act of 2026

Full Text

Official text as published. Use Ctrl+F / Cmd+F to search within the document.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5505 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5505

 To ensure that elections for Federal office are secure and fair, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2026

  Mr. Cassidy introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
 To ensure that elections for Federal office are secure and fair, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe and Fair 
Elections Act of 2026''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--SECURE AMERICAN ELECTIONS ACT

Sec. 101. Requiring voters to provide photo identification.
Sec. 102. Deadline for receipt of absentee and mail-in ballots.
Sec. 103. Grants to expedite counting of ballots.
Sec. 104. Requiring States to allow the counting of early votes to 
                            expedite reporting.
                   TITLE II--FAIR AMERICAN ELECTIONS

Sec. 201. Requiring open primaries.
Sec. 202. Prohibition on mid-decade redistricting.
Sec. 203. Congressional redistricting standards.
Sec. 204. Metropolitan and micropolitan statistical area updates.
Sec. 205. Federal judicial review of partisan gerrymandering.
                       TITLE III--NONSEVERABILITY

Sec. 301. Nonseverability.

                 TITLE I--SECURE AMERICAN ELECTIONS ACT

SEC. 101. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) Requirement To Provide Photo Identification as Condition of 
Casting Ballot.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (52 U.S.C. 21081 et seq.) is amended by inserting after 
        section 303 the following new section:

``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.

    ``(a) Provision of Identification Required as Condition of Casting 
Ballot.--
            ``(1) Individuals voting in person.--
                    ``(A) Requirement to provide identification.--
                Notwithstanding any other provision of law and except 
                as provided in subparagraph (B), the appropriate State 
                or local election official may not provide a ballot for 
                an election for Federal office to an individual who 
                desires to vote in person unless the individual 
                presents to the official a valid physical photo 
                identification.
                    ``(B) Availability of provisional ballot.--
                            ``(i) In general.--If an individual does 
                        not present the identification required under 
                        subparagraph (A), the individual shall be 
                        permitted to cast a provisional ballot with 
                        respect to the election under section 302(a), 
                        except that the appropriate State or local 
                        election official may not make a determination 
                        under section 302(a)(4) that the individual is 
                        eligible under State law to vote in the 
                        election unless, not later than 3 days after 
                        casting the provisional ballot, the individual 
                        presents to the official--
                                    ``(I) the identification required 
                                under subparagraph (A); or
                                    ``(II) an affidavit developed and 
                                made available to the individual by the 
                                State attesting that the individual 
                                does not possess the identification 
                                required under subparagraph (A) because 
                                the individual has a religious 
                                objection to being photographed.
                            ``(ii) No effect on other provisional 
                        balloting rules.--Nothing in clause (i) may be 
                        construed to apply to the casting of a 
                        provisional ballot pursuant to section 302(a) 
                        or any State law for reasons other than the 
                        failure to present the identification required 
                        under subparagraph (A).
            ``(2) Individuals voting other than in person.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and except as provided in subparagraph 
                (B), the appropriate State or local election official 
                may not accept any ballot for an election for Federal 
                office provided by an individual who votes other than 
                in person unless the individual submits with the 
                ballot--
                            ``(i) a copy of a valid photo 
                        identification; or
                            ``(ii) the last four digits of the 
                        individual's Social Security number and an 
                        affidavit developed and made available to the 
                        individual by the State attesting that the 
                        individual is unable to obtain a copy of a 
                        valid photo identification after making 
                        reasonable efforts to obtain such a copy.
                    ``(B) Exceptions.--Subparagraph (A) does not apply 
                with respect to a ballot provided by--
                            ``(i) an absent uniformed services voter, 
                        as defined in section 107(1) of the Uniformed 
                        and Overseas Citizens Absentee Voting Act (52 
                        U.S.C. 20310(1)); or
                            ``(ii) an individual provided the right to 
                        vote otherwise than in person under section 
                        3(b)(2)(B)(ii) of the Voting Accessibility for 
                        the Elderly and Handicapped Act (52 U.S.C. 
                        20102(b)(2)(B)(ii)).
    ``(b) Providing Public Access to Digital Imaging Devices.--With 
respect to each State, the appropriate State or local government 
official of the State shall ensure, to the extent practicable, public 
access to a digital imaging device, which shall include a printer, 
copier, image scanner, or multifunction machine, at State and local 
government buildings in the State, including courts, libraries, and 
police stations, for the purpose of allowing individuals to use such a 
device at no cost to the individual to make a copy of a valid photo 
identification.
    ``(c) Valid Photo Identifications Described.--For purposes of this 
section, a `valid photo identification' means, with respect to an 
individual who seeks to vote in a State, any of the following:
            ``(1) A valid State-issued motor vehicle driver's license 
        that includes a photo of the individual and an expiration date.
            ``(2) A valid State-issued identification card that 
        includes a photo of the individual and an expiration date 
        issued by a State motor vehicle authority.
            ``(3) A valid United States passport for the individual.
            ``(4) A valid military identification for the individual.
            ``(5) A valid identification document issued by a Tribal 
        government that includes a photo of the individual and an 
        expiration date.
    ``(d) Notification of Identification Requirement to Applicants for 
Voter Registration.--
            ``(1) In general.--Each State shall ensure that, at the 
        time an individual applies to register to vote in elections for 
        Federal office in the State, the appropriate State or local 
        election official notifies the individual of the photo 
        identification requirements of this section.
            ``(2) Special rule for individuals applying to register to 
        vote online.--Each State shall ensure that, in the case of an 
        individual who applies to register to vote in elections for 
        Federal office in the State online, the online voter 
        registration system notifies the individual of the photo 
        identification requirements of this section before the 
        individual completes the online registration process.
    ``(e) Valid Military Identification Defined.--For purposes of this 
section, the term `valid military identification' means any photo 
identification card issued by the Department of Defense or the 
Department of Veterans Affairs.
    ``(f) Effective Date.--This section shall take effect 1 day after 
the date of the enactment of this section, and shall apply with respect 
to elections for Federal office held on or after such date.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 303 
        the following new item:

``Sec. 303A. Photo identification requirements.''.
    (b) Conforming Amendment Relating to Voluntary Guidance by Election 
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) in the case of the recommendations with respect to 
        section 303A, the date of enactment of this paragraph.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, 
303, and 304'' and inserting ``subtitle A of title III''.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect 1 day after the date of the enactment of this 
Act, and shall apply with respect to elections for Federal office held 
on or after such date.

SEC. 102. DEADLINE FOR RECEIPT OF ABSENTEE AND MAIL-IN BALLOTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 20901 et seq.), as amended by section 101(a)(1), is amended by 
inserting after section 303A the following new section:

``SEC. 303B. DEADLINE FOR RECEIPT OF ABSENTEE AND MAIL-IN BALLOTS.

    ``(a) In General.--To be considered validly cast and eligible to be 
counted in an election for Federal office, an absentee or mail-in 
ballot must be received by the appropriate election official no later 
than the time polls close on the date of the election and, in the case 
of a general election for Federal office, no later than the time polls 
close on the date established under section 25 of the Revised Statutes 
of the United States (2 U.S.C. 7) for each general election for Federal 
office.
    ``(b) Untimely Ballot.--No State may accept for tabulation an 
absentee or mail-in ballot that is received by the appropriate election 
official following the time polls close on the date of the election.
    ``(c) Exception.--The deadline described in subsection (a) shall 
not apply--
            ``(1) with respect to ballots cast by absent uniformed 
        services voter or overseas voters, as defined in section 107 of 
        the Uniformed and Overseas Citizens Absentee Voting Act (52 
        U.S.C. 20310); or
            ``(2) in any geographic area in which, and during any 
        period during which, there is an emergency or disaster declared 
        by the President pursuant to the National Emergencies Act or 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act.
    ``(d) Effective Date.--This section shall apply with respect to 
elections for Federal office held in 2027 or any succeeding year.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 101(a)(2), is amended by inserting after the item 
relating to section 303A the following new item:

``Sec. 303B. Deadline for receipt of absentee and mail-in ballots.''.

SEC. 103. GRANTS TO EXPEDITE COUNTING OF BALLOTS.

    (a) In General.--The Secretary of Commerce (in this section 
referred to as the ``Secretary'') shall provide grants to States and 
units of local government for the purchase of equipment, training of 
staff, and other activities that will speed up the counting of ballots 
in elections for Federal office.
    (b) Priority.--In providing grants under subsection (a), the 
Secretary shall prioritize localities that are either rural or have 
demonstrated lateness in tallying votes in elections for Federal 
office.
    (c) Funding.--Out of amounts in the Treasury not otherwise 
appropriated, there is appropriated to the Secretary for carrying out 
this section $200,000,000 for fiscal year 2027, to remain available 
until expended.

SEC. 104. REQUIRING STATES TO ALLOW THE COUNTING OF EARLY VOTES TO 
              EXPEDITE REPORTING.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 20901 et seq.), as amended by section 102(a), is amended by 
inserting after section 303B the following new section:

``SEC. 303C. REQUIRING STATES TO ALLOW THE COUNTING OF EARLY VOTES TO 
              EXPEDITE REPORTING.

    ``(a) In General.--No State shall prohibit the counting of votes in 
an election for Federal office before election day.
    ``(b) Effective Date.--This section shall apply with respect to 
elections for Federal office held in 2027 or any succeeding year.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amendment by section 102(b), is amended by inserting after the item 
relating to section 303B the following new item:

``Sec. 303C. Requiring States to allow the counting of early votes to 
                            expedite reporting.''.

                   TITLE II--FAIR AMERICAN ELECTIONS

SEC. 201. REQUIRING OPEN PRIMARIES.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 20901 et seq.), as amended by section 104(a), is amended by 
inserting after section 303C the following new section:

``SEC. 303D. REQUIRING OPEN PRIMARIES.

    ``(a) In General.--
            ``(1) Elections for federal office.--Each State shall hold 
        open primaries for elections for Federal office held in the 
        State.
            ``(2) Elections for state and local office.--
        Notwithstanding any other provision of law, a State may not use 
        any funds provided by the Federal Government directly for 
        election administration purposes unless the State certifies to 
        the Election Assistance Commission that the State holds open 
        primaries for elections for State and local office.
    ``(b) Open Primaries Described.--For purposes of this section, a 
State holds open primaries for an election for an office if any 
individual who is registered to vote in a general election for such 
office in the State may cast a ballot in any primary election 
(including a primary election held for the selection of delegates to a 
national nominating convention of a political party and a primary 
election held for the expression of a preference for the nomination of 
individuals for election to the office of President) held by any 
political party to nominate candidates for election for that office, 
including a convention or caucus of a political party which has 
authority to nominate a candidate.
    ``(c) Effective Date.--Subsection (a) shall apply with respect to 
elections held after January 1, 2027.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 104(b), is amended by inserting after the item 
relating to section 303C the following new item:

``Sec. 303D. Requiring open primaries.''.

SEC. 202. PROHIBITION ON MID-DECADE REDISTRICTING.

    (a) In General.--A State that has been redistricted may not be 
redistricted again until after the next apportionment of 
Representatives under section 22(a) of the Act entitled ``An Act to 
provide for the fifteenth and subsequent decennial censuses and to 
provide for an apportionment of Representatives in Congress'', approved 
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to 
conduct such subsequent redistricting to comply with the Constitution 
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.), applicable State law, or the terms or conditions of this Act.
    (b) No Effect on Elections for State and Local Office.--Nothing in 
this section may be construed to affect the manner in which a State 
carries out elections for State or local office, including the process 
by which a State establishes the districts used in such elections.
    (c) Effective Date.--This section shall apply with respect to any 
congressional redistricting that occurs after the date of enactment of 
this Act.

SEC. 203. CONGRESSIONAL REDISTRICTING STANDARDS.

    (a) Definitions.--For purposes of this section:
            (1) Equalized population of a district.--The term 
        ``equalized population of a district'', used with respect to a 
        State, means the quotient of--
                    (A) the total population of the State; divided by
                    (B) the number of congressional districts 
                apportioned to the State.
            (2) Metropolitan statistical area.--The term ``metropolitan 
        statistical area'' means an area delineated by the Director of 
        the Office of Management and Budget as a metropolitan 
        statistical area.
    (b) In General.--Except as provided in subsection (d), a State 
shall use a congressional redistricting plan that is in compliance with 
the requirements of subsection (c).
    (c) Requirements.--
            (1) General criteria.--Congressional districts in a State 
        shall be drawn in accordance with all of the following:
                    (A) Each district shall have a population that does 
                not have more than 0.15 percent of deviation from the 
                equalized population of a district for the State.
                    (B) Districts shall consist of contiguous 
                territory, except to the extent necessary to account 
                for the presence of water, including any area which is 
                surrounded by a body of water.
                    (C) For purposes of any metropolitan statistical 
                area in the State, the metropolitan statistical area 
                shall--
                            (i) be contained within a single district 
                        if possible without violating subparagraph (A); 
                        or
                            (ii) if the metropolitan statistical area 
                        has a greater population than the equalized 
                        population of a district for the State, be 
                        contained entirely within the fewest number of 
                        districts, of which all but one of such 
                        districts shall be composed entirely of area 
                        within the metropolitan statistical area.
                    (D) Districts shall be compact.
                    (E) Except as otherwise provided in subparagraph 
                (C), districts shall provide for all of a city or town 
                to be contained in a single district.
                    (F) Districts shall provide for all of a county to 
                be contained in a single district.
            (2) Prohibition on partisan intent or use of partisan 
        data.--A congressional district may not be drawn for the 
        purpose of favoring or disfavoring a particular political 
        party, an incumbent, or a particular candidate or using data 
        with respect to the partisan make-up of the population of the 
        State or a subdivision of the State.
            (3) Metropolitan statistical area.--
                    (A) Multistate areas.--With respect to a 
                metropolitan statistical area that is in multiple 
                States, only the population and area of such 
                metropolitan statistical area that is within such State 
                shall be considered for purposes of determining the 
                compliance of the State with paragraph (1)(C).
                    (B) Formula for fewest number of districts.--For 
                purposes of determining the compliance of a State with 
                paragraph (1)(C)(ii) with respect to a metropolitan 
                statistical area, the fewest number of districts is a 
                number of districts equal to the number that is--
                            (i) the quotient of--
                                    (I) the population of the 
                                metropolitan statistical area; divided 
                                by
                                    (II) the equalized population of a 
                                district for the State; and
                            (ii) rounded up to the nearest whole 
                        number.
    (d) Exception for Failure To Meet Full Criteria.--
            (1) In general.--A State that is unable to draw a 
        congressional redistricting plan that meets all of the criteria 
        described in subparagraphs (A) through (F) of subsection (c)(1) 
        shall draw the congressional districts for the State in 
        accordance with the criteria priority described in paragraph 
        (2).
            (2) Partial satisfaction of criteria.--A State described in 
        paragraph (1) that is unable to comply with 1 or more of the 
        criteria described in subparagraphs (B) through (F) of 
        subsection (c)(1) for the State shall comply, as applicable, 
        with the following:
                    (A) Unable to comply with subparagraph (f).--Such a 
                State that is able to draw a congressional 
                redistricting plan that meets all such criteria except 
                the State cannot draw all congressional districts in 
                compliance with subparagraph (F) of such subsection 
                shall--
                            (i) draw all congressional districts of the 
                        State in compliance with subparagraphs (A) 
                        through (E) of such subsection; and
                            (ii) for as many congressional districts as 
                        possible, draw congressional districts of the 
                        State in compliance with subparagraph (F) of 
                        such subsection.
                    (B) Unable to comply with subparagraphs (e) and 
                (f).--Such a State that is able to draw a congressional 
                redistricting plan that meets all such criteria except 
                the State cannot draw all congressional districts in 
                compliance with subparagraphs (E) and (F) of such 
                subsection shall--
                            (i) draw all congressional districts of the 
                        State in compliance with subparagraphs (A) 
                        through (D) of such subsection; and
                            (ii) for as many congressional districts as 
                        possible, draw congressional districts of the 
                        State in compliance with subparagraphs (E) and 
                        (F) of such subsection.
                    (C) Unable to comply with subparagraphs (d), (e), 
                and (f).--Such a State that is able to draw a 
                congressional redistricting plan that meets all such 
                criteria except the State cannot draw all congressional 
                districts in compliance with subparagraphs (D), (E), 
                and (F) of such subsection shall--
                            (i) draw all congressional districts of the 
                        State in compliance with subparagraphs (A), 
                        (B), and (C) of such subsection; and
                            (ii) for as many congressional districts as 
                        possible, draw congressional districts of the 
                        State in compliance with subparagraphs (D), 
                        (E), and (F) of such subsection.
                    (D) Unable to comply with subparagraphs (c) through 
                (f).--Such a State that is able to draw a congressional 
                redistricting plan that meets all such criteria except 
                the State cannot draw all congressional districts in 
                compliance with subparagraphs (C) through (F) of such 
                subsection shall--
                            (i) draw all congressional districts of the 
                        State in compliance with subparagraphs (A) and 
                        (B) of such subsection; and
                            (ii) for as many congressional districts as 
                        possible, draw congressional districts of the 
                        State in compliance with subparagraphs (C) 
                        through (F) of such subsection.
                    (E) Unable to comply with subparagraphs (b) through 
                (f).--Such a State that is unable to draw all 
                congressional districts of the State in compliance with 
                subparagraphs (B) through (F) of such subsection 
                shall--
                            (i) draw all congressional districts of the 
                        State in compliance with subparagraph (A) of 
                        such subsection; and
                            (ii) for as many congressional districts as 
                        possible, draw congressional districts of the 
                        State in compliance with subparagraphs (B) 
                        through (F) of such subsection.

SEC. 204. METROPOLITAN AND MICROPOLITAN STATISTICAL AREA UPDATES.

    (a) In General.--Beginning on January 1 of a new decade, the 
Director of the Office of Management and Budget may not propose an 
update to the delineation of a metropolitan or micropolitan statistical 
area until the January 1 after the date on which the first midterm 
election of that decade occurs.
    (b) Effective Date.--Any update described in subsection (a) that is 
the first update of a decade may not take effect until after the date 
on which newly drawn congressional district maps take effect for that 
decade.

SEC. 205. FEDERAL JUDICIAL REVIEW OF PARTISAN GERRYMANDERING.

    The district courts of the United States shall have jurisdiction to 
hear and determine claims asserting that the congressional 
redistricting plan of a State violates the requirements of section 
203(c)(2).

                       TITLE III--NONSEVERABILITY

SEC. 301. NONSEVERABILITY.

    If any provision of this section, or the application thereof to any 
person or circumstance, is held to be invalid, the remaining provisions 
of this Act and any amendments made by this Act shall be treated as 
invalid.
                                 <all>