S 5505

0likesShare

Introduced ↻ Update bill dataRe-checks Congress.gov for new actions and updates the bill's status, and fills in any sponsors, committees, or related bills that are missing. It does not re-pull sponsors/cosponsors/committees/related — those rarely change — and it skips all work if nothing has changed upstream, so it's cheap to click. Contact your reps Urge the sponsor

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>