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Congressional ______
Res'earch Service
Overview of Federal Criminal Laws
Prohibiting Interference with Voting
March 15, 2024
The 2024 U.S. presidential and congressional elections are scheduled to take place on November 5, 2024,
with early in-person voting in some states beginning in September. Recent developments such as the
advancement of artificial intelligence (Al) capabilities, the continued targeting of U.S. elections by
foreign actors, and the increase in threats and harassment of election workers may elevate election
interference as a subject of interest for Congress. For example, during New Hampshire's 2024 presidential
primary election, the New Hampshire Attorney General's Office received complaints of a robocall
allegedly using an Al deepfake to unlawfully interfere in the election by spreading misinformation in an
attempt to suppress voting. Members of the House and Senate responded to this incident, stating that
federal action is needed to respond to this type of interference.
Several federal laws prohibit interference with voting or interference with registering to vote in a U.S.
election. While this Legal Sidebar does not provide a comprehensive list of all crimes that may be
relevant to an election, it does provide an overview of criminal laws that prohibit election interference
targeting voters, focusing primarily on those used in recent federal prosecutions. Additionally, this
Sidebar discusses Congress's constitutional authority to regulate U.S. elections and also provides
considerations for Congress. For an overview of federal criminal laws prohibiting threats and harassment
of election workers, refer to this CRS Legal Sidebar.
Constitutional Authority over Elections
Article I, Section 4, cl. 1, of the U.S. Constitution, known as the Elections Clause, states, The Times,
Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each
State by the Legislature thereof; but the Congress may at any time by Law make or alter such
Regulations, except as to the Places of [choosing] Senators. While the states have primary responsibility
for administering elections, the federal government maintains significant authority over elections,
including safeguarding the safety and integrity of congressional elections.
A parallel constitutional provision addressing presidential elections, Article II, Section 1, cl. 4, provides
that Congress may determine the time of choosing presidential electors and the day the electors shall
cast their votes, with that day being the same throughout the United States. This clause does not delegate
to the states any power to prescribe the time, place, and manner of electors casting votes in a presidential
Congressional Research Service
https://crsreports.congress.gov
LSB11125
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/goveopw0001&div=1&collection=&method=preview&ext=.png&size=3)
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