S. 5505 — Safe and Fair Elections Act of 2026

This section requires voters in federal elections to present valid photo identification, such as a state driver's license, passport, military ID, or tribal ID with photo and expiration date. In-person voters without ID must cast a provisional ballot and submit the ID or a religious-objection affidavit within 3 days; mail voters must submit a copy of the ID or the last four Social Security digits plus an affidavit. The requirements exempt absent uniformed services voters and certain elderly or handicapped voters, take effect the day after enactment, and apply to all subsequent federal elections. States must provide free public access to digital imaging devices at government buildings and notify registration applicants of the rules.

This section requires absentee and mail-in ballots in federal elections to be received by the appropriate election official no later than the time polls close on election day, beginning with elections held in 2027. It prohibits states from accepting or tabulating any such ballots received after that deadline, except for ballots cast by absent uniformed services or overseas voters and ballots cast in areas under a presidentially declared emergency or disaster.

This section provides grants to States and units of local government for equipment, staff training, and other activities to expedite the counting of ballots in federal elections. It directs the Secretary of Commerce to prioritize rural localities and those with a history of delayed vote tallying, and appropriates $200 million for fiscal year 2027, available until expended.

This section prohibits states from barring the counting of votes cast before election day in any federal election. The requirement applies beginning with elections held in 2027.

This section requires States to hold open primaries for all elections for Federal office after January 1, 2027. It prohibits any State from using Federal funds for election administration unless the State certifies to the Election Assistance Commission that it also holds open primaries for State and local offices, under which any registered voter may participate in any political party's primary.

This section prohibits a State from conducting congressional redistricting more than once between apportionments of Representatives following each decennial census, unless a court orders a subsequent redistricting to comply with the Constitution, the Voting Rights Act of 1965, applicable state law, or this Act. It does not affect the drawing of districts for state or local offices and applies to any congressional redistricting after the date of enactment.

This section requires states to draw congressional districts with populations deviating no more than 0.15 percent from the equalized population of the state. Districts must consist of contiguous territory, remain compact, contain whole cities, towns, and counties in single districts, and place each metropolitan statistical area within the fewest possible districts. States may not draw districts to favor or disfavor any political party, incumbent, or candidate, or use partisan population data. If unable to meet all criteria, states must first satisfy population equality, contiguity, and metropolitan area rules before applying compactness and whole-jurisdiction requirements.

This section restricts proposals by the Director of the Office of Management and Budget to update metropolitan or micropolitan statistical area delineations. It requires that the first update in each decade take effect only after newly drawn congressional district maps take effect for that decade.

This section grants federal district courts jurisdiction to hear and determine claims that a state's congressional redistricting plan violates the requirements of section 203(c)(2).

This section establishes nonseverability for the Act. If any provision of this section is held invalid, the remaining provisions of the Act and any amendments made by the Act are also invalid.