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Con gressionol Research Service
Informing the IegisIative debate since 1914
July 21, 2023
H.R. 4563, the American Confidence in Elections Act
(ACE Act): Legal Background
On July 11, 2023, H.R. 4563, the American Confidence in
Elections Act (ACE Act), was introduced in the 118th
Congress. The ACE Act proposes to amend federal election
law primarily in the areas of election administration and
campaign finance. On July 13, 2023, the Committee on
House Administration, one of the committees of
jurisdiction, held a markup and ordered the bill to be
reported, as amended. This In Focus provides an overview
of the constitutional framework for federal election law and
the legal background relating to two major areas of law that
the ACE Act proposes to amend: federal election
administration law and federal campaign finance law. For a
policy overview of the ACE Act, see CRS In Focus
IF12451, H.R. 4563, the American Confidence in Elections
(ACE) Act, coordinated by Karen L. Shanton.
Constitutonal Framework
Although federal 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
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 Congress
with the authority to override state laws regulating federal
elections. See Arizona State Legislature v. Arizona
Independent Redistricting Commission, 576 U.S. 787
(2015). Under that authority, Congress has enacted laws
such as the National Voter Registration Act and the Help
America Vote Act, discussed below, which dictate how
states must administer certain aspects of the federal election
process.
A parallel constitutional provision addressing presidential
elections known as the Electors Clause-in Article II,
Section 1, clause 2-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
and the Day on which they shall give their Votes; which
Day shall be the same throughout the United States.
F ederai E ction Administration Law
Federal law regulates federal election administration, which
includes procedures for voter registration and voter roll
maintenance.
Voter Registration
For federal elections, the National Voter Registration Act of
1993 (NVRA), also known as the motor-voter law,
requires states to provide for mail-in voter registration and
to establish voter registration procedures for eligible
citizens at motor vehicle departments and at certain other
state agencies. As amended by the Help America Vote Act
of 2002 (HAVA), the NVRA requires the Election
Assistance Commission (EAC) to create a nationally
uniform voter registration form-called the Federal Form-
for applicants to use to register by mail and at certain state
and local offices. The NVRA specifies that the Federal
Form can require identifying information from an applicant
only to assess eligibility and must include a statement
specifying eligibility requirements, including citizenship, an
attestation that the applicant meets each requirement, and
the applicant's signature under the penalty of pejury. The
law allows states to create their own mail voter registration
forms for federal elections so long as those forms comport
with NVRA requirements and states also accept the Federal
Form.
The Supreme Court held that the NVRA's requirement that
states use the Federal Form for registering voters in federal
elections preempted a state law requiring documentary
proof of citizenship for registering to vote. The Court also
determined that, although the NVRA precludes a state from
requiring an applicant using the Federal Form to provide
additional proof of citizenship beyond what the form
requires, a state has the power to ask the EAC to include the
requirement in the form's state-specific instructions. See
Arizona v. Inter Tribal Council ofArizona, Inc., 570 U.S. 1
(2013).
The ACE Act would amend the NVRA to permit states to
require applicants to provide proof of citizenship with both
the Federal Form and state-created forms.
Voter Roll Maintenance
As amended by HAVA, the NVRA contains both
requirements and restrictions relating to the removal of
registrants from federal election voter rolls. The NVRA
prohibits states from removing individual registrants except
under certain circumstances, including by reason of' the
registrant's change in residence. At the same time, the](ViewImageLocal?handle=hein.crs/govemgv0001&div=1&collection=&method=preview&ext=.png&size=3)
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