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1 1 (November 3, 2021)

handle is hein.crs/goveete0001 and id is 1 raw text is: Elections Grant Programs: Policy Options 0 November 3, 2021 Recent congressional activity on elections issues has often featured grant programs. Congress responded to foreign interference in the 2016 elections and the effects of the Coronavirus Disease 2019 (COVID-19) pandemic on administration of the 2020 elections, in part, with funding for a grant program established by the Help America Vote Act of 2002 (HAVA; P.L. 107-252). Multiple bills introduced in the 117th Congress-from the Freedom to Vote Act (S. 2747) to the Protecting the Right to Organized, Transparent Elections through a Constitutionally Trustworthy Electoral College (PROTECT Electoral College) Act (H.R. 4789/S. 519) to the House-reported Financial Services and General Government appropriations bill (H.R. 4345)-would authorize, fund, or set conditions for elections grant programs. This In Focus explores some issues that may be of interest to Members who are considering offering, supporting, opposing, or amending proposals to authorize, fund, or set conditions for elections grant programs. It starts by summarizing some general arguments for and against federal elections grant programs then introduces some considerations that might be relevant for development or assessment of particular programs or proposals. Role of Federal Elections Grant Programs A central debate in elections policy is over the role the federal government should play in election administration. States and localities have traditionally had primary responsibility for administering elections in the United States, and opinions differ about the appropriate scope of federal involvement in setting or implementing election administration policy. That debate has carried over to some discussions of federal elections grant programs. Elections grant funding has been described by some as federal overreach into a primarily state and local responsibility or a potential path to such overreach. Some have suggested, for example, that elections grant programs could foster a state and local reliance on federal funds that could translate to outsized federal influence on election administration policymaking. Others say that the federal government has a responsibility to help cover the costs of conducting federal elections or to advance certain objectives-such as ensuring that eligible voters have access to the ballot or ineligible voters do not- and that grant programs offer a way to fulfill such responsibilities. Grant programs might be used to help cover the costs of conducting federal elections. Congress could also use grant programs to encourage states to adopt policies that are aimed at advancing certain objectives or to help defray the costs of implementing policies it requires them to adopt. Options for Legislative Proposals In addition to opposing federal elections grant programs in general, some might object to particular programs or funding on more specific grounds. They might note that some of the funding previously appropriated for a given grant program has not been spent, for example, or oppose the goals the program aims to achieve. Another critique of some grant programs is that, though their goals might be worthwhile, they are unlikely to achieve them or likely to have other, unintended effects. To identify or avoid that kind of concern, Members who are considering proposing or assessing grant programs or funding might want to consider how they are structured. Choices about the structure of elections grant programs and funding can help determine how effective they are at achieving their intended purposes and what, if any, unintended consequences they might have. Grant programs with shorter spending deadlines might be better suited to encouraging prompt action on funded activities, for example, while longer (or no) deadlines might enable grantees to undertake a wider range of projects or wait for relevant information or guidance before acting. Ongoing funding might have all of the above effects but raise concerns for some about potential federal overreach. Views on the appropriate scope of federal involvement in elections might also factor into choices about permissible uses of proposed grant funds. For example, Members might have preferences about exactly how grant funding is spent, an interest in allowing for flexibility in states' or localities' use of funds, or both. Depending on how they balance such considerations, they might choose to limit funding to specific activities or make it available for more general purposes. They might also opt for a middle ground between those choices, such as (1) making grant funds broadly available but prohibiting certain uses or (2) prioritizing use of funds for particular activities but permitting more general uses under certain circumstances. Each of the above options-along with other questions about the structure of elections grant programs and options for answering them-has been explored in previously introduced or enacted legislation. Table 1 provides some illustrative examples of such structural questions and answers in each of five categories. More detailed information about each set of questions and answers is available in CRS Report R46646, Election Administration: Federal Grant Funding for States and Localities, by Karen L. Shanton. Congressional clients may also contact the author of this In Focus for discussion of considerations relevant to specific legislative proposals. ittps://Crsreports.cong ress.gt

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