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Con gressionol Research Service
Informing the IegisIative debate since 1914
Updated April 4, 2024
Voting Systems and Federal Law
Laws regulating voting systems, including voting machines
and other election infrastructure, exist primarily at the state
and local levels. However, the federal government
maintains significant authority over elections and plays an
important role in safeguarding election infrastructure. In
that regard, Congress has passed legislation that sets forth
requirements for voting systems. The Help America Vote
Act of 2002 (HAVA; 52 U.S.C. §§ 20901-21145), in
particular, includes among other things, federal
requirements for voting systems (52 U.S.C. § 21081). As
authorized by HAVA, the U.S. Election Assistance
Commission (EAC) promulgates voluntary federal
guidelines to assist states in implementing these
requirements for their voting systems. Additionally,
Congress has passed several federal criminal laws
prohibiting the intrusion into or misuse of voting systems.
Criminal Laws
The Computer Fraud and Abuse Act (CFAA) prohibits,
among other things, a number of activities involving
accessing a protected computer without authorization or
accessing a protected computer that exceeds authorization.
In 2020, Congress amended the CFAA to broaden the
definition of a protected computer to include a computer
that is part of a voting system and that either is used for a
federal election or has moved in or otherwise affected
interstate or foreign commerce (18 U.S.C. § 1030(e)(2)(C)).
Since its enactment, § 1030(e)(2)(C) prohibits unauthorized
individuals from accessing a voting system and transmitting
or retaining protected information. Another provision, 18
U.S.C. § 371, prohibits persons from conspiring to commit
an offense against or to defraud the United States. Among
recent criminal cases related to elections systems brought
by the Department of Justice (DOJ) using these provisions
include a 2021 case brought against two Iranian nationals,
where they were principally charged under 18 U.S.C.
§ 1030 with computer intrusion related to the 2020
presidential election. In 2018, DOJ secured indictments
against twelve Russian nationals, charging them with
computer intrusion and conspiracy related to the 2016
election under 18 U.S.C. §§ 1030 and 371.
Several other criminal laws may arise in the context of
intrusion into or misuse of voting systems, including
* 18 U.S.C. § 241, which prohibits two or more persons
from conspir[ing] to injure, oppress, threaten, or
intimidate any person in the exercise of a right.
* 18 U.S.C. § 242, which prohibits any person acting
under color of law from willfully subjecting any person
to the deprivation of a right.
* 52 U.S.C. § 10307, which prohibits a person acting
under color of law from willfully failing or refusing to
tabulate a person's vote who is entitled to vote, among
other things.
* 52 U.S.C. § 20511, which provides criminal penalties
for defrauding the residents of a state of a fair election
by manipulating balloting processes, among other
things.
* 52 U.S.C. § 20701, which provides criminal penalties
for officials willfully failing to retain and preserve
election records.
* 52 U.S.C. § 20702, which provides criminal penalties
for any person who willfully steals, destroys, conceals,
mutilates, or alters a paper or record covered by §
20701.
H elp Amerika Vote Act of 2002 (H AVA)
Under HAVA, a voting system is defined as the total
combination of mechanical, electromechanical, or
electronic equipment (including the software, firmware, and
documentation required to program, control, and support
the equipment) that is used to define ballots; to cast and
count votes; to report or display election results; and to
maintain and produce any audit trail information as well as
the practices and associated documentation used to test
and maintain the system. (52 U.S.C. § 21081). HAVA's
voting system requirements for federal elections include
machines that can produce a permanent paper record with a
manual audit capacity and that have accessibility features
for other languages and individuals with disabilities. For
more information on HAVA, please see CRS Report
R46949, The Help America Vote Act of 2002 (HA VA):
Overview and Ongoing Role in Election Administration
Policy, by Karen L. Shanton.
Voluntary Voting Systers Guidelines (VVSG)
As part of its advisory role to state and local governments,
HAVA requires the EAC to develop and maintain a set of
guidelines called the Voluntary Voting System Guidelines
(VVSG). The VVSG are specifications for voting systems,
including basic functionality, accessibility, and security
capabilities. In addition, 52 U.S.C. § 20971 further requires
the EAC to provide for the testing, certification,
decertification, and recertification of voting systems
technology by accredited laboratories.
While many states have adopted aspects of the VVSG, the
guidelines are voluntary, and states may choose which
federal guidelines, testing, or certification processes to
adopt under their own state laws. According to a February](ViewImageLocal?handle=hein.crs/goveoww0001&div=1&collection=&method=preview&ext=.png&size=3)
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