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1 1 (October 12, 2022)

handle is hein.crs/govejan0001 and id is 1 raw text is: Con gressionaI R .fesearch Service State Legislatures, State Courts, and Federal Elections: U.S. Supreme Court to Consider Moore v. Harper October 12, 2022 During the fall 2022 term, the U.S. Supreme Court is scheduled to hear arguments in a case that could significantly affect how states regulate federal elections. In Moore v Harper, the Court is poised to consider the scope of a state court's authority under the Elections Clause of the U.S. Constitution to overturn laws enacted by a state legislature that regulate congressional elections based on state constitutional provisions. Depending on how the Court rules, the decision could clarify under what circumstances state legislatures have the authority to establish laws regulating federal elections- including the drawing of congressional redistricting maps-without review by state courts. This Sidebar previews the legal dispute in Moore v. Harper, beginning with a discussion of the constitutional framework at issue in this case and related Supreme Court background. The Sidebar then discusses the North Carolina Supreme Court's decision in this case, followed by arguments made by the parties to the U.S. Supreme Court seeking and opposing the Court's review of the state court ruling. The Sidebar concludes with a discussion of possible outcomes, implications, and considerations for Congress. Constitutional Framework Although congressional and presidential elections have national impact, they are primarily administered according to state laws. Article I, Section 4, clause 1, of the U.S. Constitution, known as the Elections Clause, authorizes to the states the initial and principal authority to administer elections within their jurisdictions. Specifically, the Elections Clause provides: 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 chusing Senators. As a result of this decentralized authority, states vary significantly in how they administer the federal voting process and elections. For example, states have enacted differing laws addressing whether and to what degree voters can cast ballots prior to the day of an election, known as early voting; absentee voting; deadlines for voter registration; voter identification (ID) laws; and standards for drawing congressional redistricting maps. At the same time, the Elections Clause provides Congressional Research Service https://crsreports. congress.gov LSB10838 CRS Legal Sidebar Prepared for Members and Committees of Congress

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