![handle is hein.crs/goveqjo0001 and id is 1 raw text is: Con gressionol Research Service
nforming the IegisI9tive debate since 1914
6
August 16, 2024
Federal Criminal Laws Prohibiting Unlawful Voting
ntroduct on
While the U.S. Constitution charges the states with primary
responsibility for regulating federal elections, it also
provides that the federal government play a significant role
in overseeing such elections. The Supreme Court has held
that this role includes enacting laws to protect the integrity
of federal elections. Smiley v. Holm, 285 U.S. 355, 366-67
(1932). This In Focus summarizes the federal government's
constitutional authority to criminalize conduct that
undermines election integrity, provides a brief overview of
the federal government's jurisdiction to prosecute election
crimes, and examines a few of the federal criminal laws that
prohibit unlawful voting-fraudulent registration and
voting, and unlawful voting by aliens. This In Focus also
offers some considerations for Congress.
Federa Authority Over ect ons
Article I, Section 4, cl. 1, of the U.S. Constitution, known
as the Elections Clause, states, 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 [choosing] Senators. State governments have initial and
principal authority for administering elections within their
jurisdictions, but the Supreme Court has recognized that the
Constitution provides that the federal government maintains
authority over elections, including guarding the safety and
integrity of congressional elections. For example, the
Supreme Court held that the Elections Clause embraces
Congress's authority to provide a complete code for
congressional elections and that Congress may supplement
... state regulations or may substitute its own, including
imposing additional penalties for the violation of the state
laws or provide independent sanctions. Smiley, 285 U.S. at
366-67. The Court in U.S. Term Limits, Inc. v. Thornton,
514 U.S. 779, 808-09 (1995) further observed that by
providing Congress with override authority over the states,
the Framers of the Constitution sought to avoid states
potentially abusing their power over congressional
elections.
With regard to presidential elections, the power to appoint
electors belongs to the states under the Electors Clause,
Article II, Section 1, cl. 2. The Supreme Court has held that,
although Congress's power in the realm of presidential
elections under Article II, Section 1, cl. 4, appears more
limited than either the states' power under Article II or its
constitutional power over congressional elections found in
Article I, Section 4, cl. 1, Congress nonetheless has the
constitutional authority to protect the integrity of such
elections. In Burroughs and Cannon v. U.S., 290 U.S. 534,
545 (1934), the Court held that [t]he importance of [the
presidential] election and the vital character of its
relationship to and effect upon the welfare and safety of the
whole people cannot be too strongly stated and that
Congress, undoubtedly, possesses that power ... to
preserve the ... institutions of the general government from
impairment or destruction[.]
Congress does not have general regulatory authority over
state and local elections, but it may still exercise its
constitutional power over such elections in several contexts.
For example, under the Fifteenth Amendment, Congress
has exercised its authority to prevent unconstitutional
voting discrimination in state or local elections.
Furthermore, the Supreme Court has recognized that
Congress's power to make regulations in national elections
is augmented by [Article 1, Section 4, cl. 8] the Necessary
and Proper Clause. Oregon v. Mitchell, 400 U.S. 112, 120-
121 (1970).
Federa Prohibidons of Ungawfu Vodng
Congress has enacted federal criminal laws that prohibit
several categories of unlawful voting, including fraudulent
registration and voting, and unlawful voting by an alien in a
federal election. Additionally, federal law prohibits certain
unlawful activities that may occur during the voting or
registration process, such as lying to the government or
making false claims of U.S. citizenship.
Federa urisdiction
Federal law enforcement jurisdiction over election crimes is
established under most statutes through a variety of means
including, but not limited to: requiring the presence of a
candidate for federal office on the ballot in the election in
question, interfering with the work of election officials,
interfering with a constitutional right, or using interstate
commerce in the accomplishment of a crime. Some federal
laws can apply to purely nonfederal elections, while others
apply only in the context of federal or mixed elections
(elections with federal and nonfederal candidates).
Fraudulent Vot ing and Registration to Vote
Section 10307 of Title 52, passed as part of the Voting
Rights Act of 1965, criminalizes several acts, including
fraudulent voting and voting repeatedly in the same
election. Section 10307(c) prohibits, in a federal or mixed
election, knowingly or willfully giving false information to
register or vote, conspiring with another individual for the
purpose of encouraging false registration or unlawful
voting, or paying or accepting payment either for
registration or voting. Section 10307(e) prohibits voting
more than once in a federal or mixed election. In April
2024, an individual was sentenced for a voting scheme
where she submitted or had others submit dozens of false
voter registrations, ballot request forms, and ballots in
violation of 52 U.S.C. § 10307.](ViewImageLocal?handle=hein.crs/goveqjo0001&div=1&collection=&method=preview&ext=.png&size=3)
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