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>