Rep. Laurel Lee, R-Fla., and Sen. Ashley Moody, R-Fla., have introduced legislation requiring that absentee and mail-in ballots be received by election officials by the end of Election Day. The proposal comes as part of a broader effort by Republican allies to set receipt deadlines for mail voting following an executive order President Donald Trump issued in March 2025 with similar requirements.
Lee, who served as Florida's secretary of state from 2019 until May 2022, said her experience implementing comparable rules in the Sunshine State demonstrates the feasibility of such a requirement. "This is something that we've done in Florida for many years, and it's a really effective way of making sure that elections stay organized and that we have timely election results," Lee told Fox News Digital.
The legislation could affect millions of voters. Nearly one-third of all American voters cast ballots by mail in recent elections, according to federal Election Assistance Commission data. If enacted before November's midterm contests, the measure would alter voting procedures across states with significant mail-in ballot programs.
A separate Trump administration order addressing mail-in voting is currently the subject of litigation involving more than 20 states. That order would create new verification requirements for the U.S. Postal Service and other agencies handling ballot delivery, including proof-of-citizenship verification and mandates for specific federal election mail stationery.
What the Right Is Saying
Lee emphasized that her bill does not limit mail voting itself but instead establishes a clear deadline for when ballots must arrive at election offices. "This doesn't limit voting by mail," she said. "It simply says that for states who allow mail voting, ballots must be received by Election Day. It still keeps all of those options on the table."
Supporters argue that receipt deadlines reduce uncertainty in election results and help prevent the extended vote-counting periods that have drawn criticism in recent cycles. They contend clear rules benefit both voters and election administrators by establishing predictable timelines.
Senate Republican allies of the proposal have pointed to Florida's track record as evidence that such requirements work without suppressing legitimate votes. They argue voters should be informed of deadlines just as they are for other legal requirements, and that states already provide ample notice of voting procedures.
What the Left Is Saying
Voting rights advocates and Democratic lawmakers have argued that receipt deadlines disproportionately affect voters who rely on mail balloting due to work schedules, disability, or distance from polling places. The American Civil Liberties Union has previously challenged mail voting restrictions, arguing they create unnecessary barriers for eligible voters.
Democratic opponents of the proposal have noted that many states currently count ballots postmarked by Election Day but received within several days after the contest. They contend changing those rules shortly before a major election could confuse voters and lead to valid ballots being discarded.
Organizations focused on election access have warned that rigid receipt deadlines particularly impact voters in rural areas, members of the military serving overseas, and individuals with disabilities who may face challenges ensuring timely delivery through the postal system. These groups argue that postmark-based counting provides a fairer standard for determining ballot validity.
What the Numbers Show
Approximately 32% of all U.S. voters cast ballots by mail in recent federal elections, according to Census Bureau surveys and Election Assistance Commission reports. This represents tens of millions of eligible voters who could be affected by changes to receipt requirements.
Currently, 15 states and Washington D.C. allow ballots postmarked by Election Day to arrive within three to seven days after the election. Another eight states permit counting of late-arriving ballots under specific circumstances such as military deployment or overseas residence.
Florida's mail voting system processed more than 4.7 million absentee ballots in the 2022 midterm elections, representing roughly 44% of all votes cast in the state. Election officials there reported that approximately 0.3% of mail-in ballots were rejected for arriving after deadlines under current rules.
The Trump administration's March 2025 executive order on mail voting has been stayed by multiple federal courts. Litigation in over 20 states challenging that order remains ongoing, with appeals expected to reach higher courts before November.
The Bottom Line
The legislation faces an uncertain path through Congress, where it would need Democratic support to advance in the Senate given current chamber math. Republicans in states where mail voting is popular—including Arizona, Nevada, and Colorado—have expressed reservations about changing existing systems ahead of a high-stakes midterm election.
Election law experts note that any federal mandate on ballot receipt deadlines would override state laws in roughly 30 states currently allowing ballots received after Election Day to be counted if postmarked by the deadline. States would need to reprogram voting equipment and update voter education materials to comply with new requirements.
What happens next: The House proposal is scheduled for committee markup, while the Senate companion bill awaits action by Majority Leader John Thune's office. Both chambers face pressure to act before September 30 to allow implementation time ahead of November elections. Courts may ultimately decide key aspects of mail voting rules if legislative efforts stall or face legal challenges.