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

1 [1] (March 12, 2020)

handle is hein.crs/govchwz0001 and id is 1 raw text is: 




FF.      '                   riE S-' $.  h ,i . ,


March 12, 2020


Disrupted Federal Elections: Policy Issues for Congress


Super Typhoon Yutu struck the Commonwealth of the
Northern Mariana Islands (CNMI) approximately 10 days
before Election Day 2018. That election included one
federal contest, for U.S. House Delegate. Governor Ralph
DLG. Torres issued an executive order postponing the
general election from November 6 to November 13. The
order also postponed early voting. This episode appears to
be the only case of a postponed federal general election in
modern history. As discussed below, other election
disruptions are more common.

This CRS In Focus briefly introduces historical and policy
issues that could be relevant for congressional oversight,
legislation, or appropriations related to what this product
calls disrupted elections. This term means events such as
natural disasters, other emergencies, or cyber attacks that
could substantially delay or prevent normal voting, election
administration, or campaigning.

Disrupted elections do not necessarily mean that election
administration or voting results are flawed. Routine events,
such as recounts, can delay final results. Even under normal
circumstances, certifying final results occurs well after
Election Day. In addition, election administrators routinely
prepare for unexpected circumstances before, during, and
after Election Day. Although not the focus of this product,
more traditional delays (e.g., simple equipment failures,
long lines, or new administrative procedures) may raise
similar policy issues and options to disruptions arising from
disasters or emergencies. Constitutional or legal issues not
addressed here also could be relevant. Other CRS resources,
some of which are listed at the end of this product, are
available to Congress.


 On the morning of March 3, Tennessee voters awoke to
   tornado damage hours before Super Tuesday voting
   began. State and local election administrators quickly
   directed affected voters to alternate sites. Also on the
   morning of March 3, the Associated Press reported
   voting by flashlight after storms caused a power
   outage at a Bibb County, Alabama, polling place.

* During the March 10 presidential primary, voting was
   delayed and a St. Louis polling place was relocated after
   a person allegedly threatened poll workers and damaged
   voting equipment.

* A 2019 Novel Coronavirus (2019-nCov) outbreak has
   affected election administration and campaigning. For
   example, fears of infection reportedly led to Super
   Tuesday poll worker absences in California and Texas.
   In both states, media reports indicated that the


   jurisdictions were prepared for absences and that
   election administration continued smoothly.

   Disruptions also are affecting political campaigns. Some
   2020 presidential campaigns, for example, cancelled
   large public events during the primaries. The two major
   political parties reportedly also were monitoring the
   2019-nCov outbreak ahead of summer presidential
   nominating conventions.


The remainder of this In Focus discusses selected policy
background and potential considerations for Congress.
History provides examples of issues, while others are more
theoretical given the unknown nature of future disruptions
that might arise.


The U.S. Constitution and federal statutes structure election
administration and voting in the United States. State,
territorial, and local election administrators-supported by
thousands of volunteer or part-time poll workers-
administer all U.S. elections. Federal agencies overseen and
funded by Congress play a supporting role.

Federal statutes set, among other provisions, uniform
general election dates and minimum standards for polling
place and voting access; they also regulate federal
campaign finance. These laws generally do not address
election disruptions, and no federal election statute is
devoted specifically to the topic.

Perhaps because of the primarily state and local role in
election administration, congressional legislation devoted
specifically to disrupted elections is relatively uncommon.
Provisions in legislation devoted to options such as mail or
other forms of remote voting, early voting, and voter
registration could be relevant for congressional
consideration of disrupted elections. In addition, after some
previous disrupted elections, Congress has conducted
hearings to consider appropriations to replace election
equipment and to oversee state-level contingency planning,
election equipment, and voter access.

              Ask'V'c t  s andc Rs%)akc.)Z Pr.' -ons
As with other election administration issues, states or
territories are responsible for determining how voters may
cast ballots. However, the Uniformed and Overseas
Citizens Absentee Voting Act (UOCAVA) requires states
to permit registration and voting by certain overseas
civilians and members of the uniformed services (the
military; and National Oceanic and Atmospheric
Administration, and Public Health Service, commissioned
officers). Previous legislation has proposed expanding these


.O 'T


         p\w -- , gn'a', goo
mppm qq\
a              , q
'S              I
11LIANJILiN,

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