Election Integrity Mail Reform Act of 2023

Title 39, United States Code, is amended by adding after chapter 36 the following:

The Postal Service shall give priority to the processing and delivery of election mail. In carrying out this subsection, the Postal Service shall at a minimum—

(1) deliver any election mail regardless of the amount of postage paid;

(2) shall, to the greatest extent practicable, process and clear election mail from any postal facility each day; and

(3) carry and deliver election mail expeditiously.

In carrying out subsection (a)(1), the Postal Service shall process and deliver election mail with insufficient postage in the same manner as election mail with sufficient postage, but may collect insufficient postage after delivery of any election mail with insufficient postage.

The Postal Service shall process and deliver election mail, under the standards in place under subsection (a), sent from a customer using an account registered with the Postal Service (including a corporate account or an advance deposit account) even if such account is underfunded or overdrawn. Nothing in this section shall be construed to limit or otherwise prevent the Postal Service from seeking reimbursement from any person regarding unpaid postage.

In this chapter, the term election mail means any item mailed to or from an individual for purposes of the individual’s participation in an election for public office, including balloting materials, voter registration cards, absentee ballot applications, polling place notification and photographic voter identification materials.

Notwithstanding any other law, rule, or regulation, a national, State, or local committee of a political party (as defined under the Federal Election Campaign Act of 1971) which is eligible to mail at the nonprofit rate may conduct a cooperative mailing at that nonprofit rate with a candidate, a candidate’s committee, or another committee of a political party, and may seek reimbursement from such a candidate, candidate’s committee, or committee of a political party for the costs of such mailing.

For the purposes of assisting election officials in processing election mail, the Postal Service shall place a marking or notice indicating that a piece of mail is election mail.

The Postal Service may determine the appropriate manner in which subsection (a) is carried out, but at a minimum such marking or notice shall—

(1) be placed, as soon as practicable, at the time the election mail is received by the Postal Service, in a conspicuous and legible type or in a common machine-readable technology on the envelope or other cover in which the election mail is mailed; and

(2) clearly demonstrate the date and time that such marking or notice was so placed.

Nothing in this section may be construed as requiring any change to the processes and procedures used by the Postal Service with respect to Postal Service barcodes on envelopes carried or delivered by the Postal Service.

This chapter shall not apply to balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act and nothing in this chapter shall be construed to alter or otherwise affect the operation of such Act or section 3406 of this title.

Section 503 of title 18, United States Code, is amended—

(1) by striking Whoever forges and inserting (a) Whoever forges;

(2) by striking or such impression thereof, and all that follows and inserting the following: or such impression thereof—

(1) shall be fined under this title or imprisoned not more than five years, or both; or

(2) if the impression from a postmarking stamp or impression thereof forged, counterfeited, used, sold, or possessed in violation of this section is applied to a mailed ballot for an election for Federal, State, or local office, shall be fined under this title or imprisoned not more than 10 years, or both.; and

(3) by adding at the end following new subsection:

(a) Whoever, with the intent to falsify the date on which a postmark was applied, applies to a mailed ballot described in subsection (a)(2) a genuine postmark that bears a date other than the date on which such postmark was applied, shall be subject to the penalties set forth in such subsection.