About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (May 5, 2023)

handle is hein.crs/govelnl0001 and id is 1 raw text is: 





             Congressional Research Service
             Informring th legisIative deate sin ce 1914




Elections Grant Programs: Policy Options


Recent congressional activity on elections issues has often
taken the form of grant programs or funding. Congress
responded to foreign efforts to interfere 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 or enacted in
recent Congresses-from  the 117th Congress's
Consolidated Appropriations Act, 2023 (P.L. 117-328) and
Protection and Advocacy for Voting Access (PAVA)
Program  Inclusion Act (P.L. 117-182) to the 118th
Congress's One Citizen One Vote Act (H.R. 512) and
Students Voicing Opinions in Today's Elections (VOTE)
Act (H.R. 126)-have  addressed or would address 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
evaluation 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 share the expense of conducting federal elections or to
advance certain policy goals-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
certain elections policies voluntarily or help defray the costs
of implementing policies it requires them to adopt.


Updated May  5, 2023


Options for Legislative Proposals
In addition to opposing federal elections grant programs in
general, some might object to particular grant 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 objectives the program is intended to achieve.
Alternatively, they might think that the goals of a given
grant program are worthwhile but that it is unlikely to
achieve them or likely to have other, unintended effects.
To identify or address potential issues in the last of the
above categories, Members who are developing or
evaluating 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 short 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most