![handle is hein.crs/govekay0001 and id is 1 raw text is: * Congressional Research Servhs
Informing the legislitive diebate since 1914
Updated January 5, 2023
Elections and Voting: Policy and Legal Issues for the 118th
Congress
Traditionally, the federal government's role in campaigns
and elections primarily includes regulating campaign
finance, protecting voting rights, and supporting states in
election administration. Congress approved substantial
amendments to these policy areas between 2002 and 2009.
Recent Congresses also provided funding to support states
and territories responding to election administration
challenges concerning election security and the COVID-19
pandemic. This CRS In Focus provides brief background
for Members of Congress and staff as they prepare for
legislative and oversight duties in the 118th Congress.
Federal Role and 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
Constitution (Elections Clause) gives the states the initial
and principal authority to administer the Times, Places and
Manner of congressional elections within their
jurisdictions, as prescribed in each State by the Legislature
thereof. This decentralized authority results in states
varying significantly in how they administer the federal
voting process and elections. At the same time, the
Elections Clause provides Congress with the authority to
override such state laws. (Arizona State Legislature v.
Arizona Independent Redistricting Commission (2015)).
Under that authority, Congress has enacted laws such as the
Help America Vote Act (HAVA) and the National Voter
Registration Act (NVRA), which dictate how states must
administer certain aspects of the federal election process.
Congress has also enacted laws setting the time for
elections to the Senate and House of Representatives. (2
U.S.C. §§ 1, 7).
A parallel provision addressing presidential elections-
Article II, Section 1, clause 2 of the Constitution (Electors
Clause)-provides that [e]ach state shall appoint electors
for President and Vice President in the manner as the
Legislature thereof may direct. Further, Article II, Section
1, clause 4, provides Congress with the power to determine
when the states choose their electors, which Congress has
set in statute. (3 U.S.C. § 1).
The Fifteenth Amendment provides that the right of citizens
to vote shall not be denied or abridged ... on account of
race, color, or previous condition of servitude, and
authorizes Congress to enact enforcement legislation.
Over the years, the Supreme Court has defined the scope of
Congress's authority to regulate aspects of federal elections
and interpreted certain federal election-related statutes. For
example, the Court has issued pivotal rulings in the context
of campaign finance (Citizens United v. FEC (2010)),
congressional redistricting (Rucho v. Common Cause
(2019)), and voting rights (Shelby County v. Holder
(2013)).
Policy Area Overview
Based on the constitutional provisions noted above,
Congress has enacted at least nine major statutes regulating
aspects of federal elections. Federal statutes, and proposed
amendments, generally fall into three broad areas:
campaign finance, election administration, and voting
rights. Each addresses unique but potentially related topics.
Because policy issues are not necessarily mutually
exclusive, how to classify various bills could be a matter of
debate.
Campaign Financ
Congress most recently substantially amended campaign
finance law in 2002, with the Bipartisan Campaign Reform
Act (BCRA). BCRA amended the Federal Election
Campaign Act (FECA; 52 U.S.C. §§ 30101-30146), which
contains most federal campaign finance statutory
provisions. Federal campaign finance policy is organized
around three major themes: (1) prohibitions on
contributions or expenditures from certain sources (e.g.,
foreign nationals); (2) limits on contributions from
permissible sources; and (3) disclosure and disclaimer
requirements designed to provide identifying information
about financial transactions and attribution for campaign-
related communications. FECA also established the Federal
Election Commission (FEC). In a series of rulings, the
Supreme Court has invalidated several FECA provisions
under the Free Speech Clause of the First Amendment,
informing Congress as to the constitutional parameters of
campaign finance regulation. For example, most recently,
the Court invalidated a FECA provision establishing a limit
on campaign contributions that can be used to repay
candidates for personal loans. (FEC v. Ted Cruz for Senate
(2022)).
Election Administration
States are primarily responsible for election administration
and voter registration. HAVA (52 U.S.C. §§ 20901-21145)
and the NVRA (52 U.S.C. §§ 20501-20511) address aspects
of both issues. Enacted in 1993, the NVRA is noted
primarily for requiring states to offer voter-registration
opportunities when eligible citizens apply for drivers
licenses and during specified other interactions with state
agencies. The act also specifies list maintenance
requirements for updating state voter rolls.
HAVA, enacted in 2002, primarily addresses election
administration issues. Among other requirements, HAVA](ViewImageLocal?handle=hein.crs/govekay0001&div=1&collection=&method=preview&ext=.png&size=3)
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