Safe and Fair Elections Act of 2026

For federal elections, in-person voters would generally have to show an eligible photo ID; voters without one could cast a provisional ballot, but would have to show ID or submit a state-provided religious-objection affidavit within 3 days. Most voters casting ballots another way would have to send an ID copy, or their Social Security number’s last four digits and an affidavit that they could not reasonably obtain an ID; exceptions apply to certain military and overseas voters and voters covered by an accessibility law.

Congressional districts would have to meet population, contiguity, compactness, and city, county, and metropolitan-area rules, with a limit on population deviation of 0.15 percent. Maps could not be drawn to favor or disfavor a party, incumbent, or candidate, and federal district courts could hear claims alleging a violation of that ban.

After a state has been redistricted, it generally could not redraw its congressional districts until after the next congressional apportionment. A court could require an earlier redraw to comply with the Constitution, the Voting Rights Act, state law, or this Act.

Any voter registered for the general election could vote in any party’s primary for that office, including certain presidential preference and delegate-selection primaries. A state would also have to certify that it uses open primaries for state and local offices to receive federal funds directly for election administration.

For federal elections, most absentee and mail-in ballots would have to arrive by the time polls close on Election Day to count; exceptions cover military and overseas voters and areas and periods with certain federally declared emergencies or disasters. States could not prohibit counting votes before Election Day.

The Commerce Secretary would provide grants to states and local governments for equipment, staff training, and other activities to speed ballot counting, prioritizing rural areas and places with a record of late tallies. The Act would also delay the first update of each decade to federal metropolitan and micropolitan area boundaries until after that decade’s newly drawn congressional maps take effect.