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Election 2024: Recent Court Rulings on Voting
and Counting Ballots
October 30, 2024
Recent court rulings in various states have determined key issues relating to the voting process and the
counting of ballots for the 2024 congressional and presidential elections. This Sidebar provides a brief
overview of the legal landscape for federal and state election laws, examines select recent court rulings
relating to voting and ballot counting in the 2024 elections, and briefly discusses related legislation that is
pending in the 118th Congress.
Overview of Legal Landscape
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, confers upon the
states the initial and principal authority to administer elections within their jurisdictions. The Elections
Clause provides that [t]he 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 in how they administer the voting process and the counting of
ballots. For example, according to the National Conference of State Legislatures, all state election laws
provide for some type of voting by mail, but the specific requirements differ among the states. At the
same time, the Elections Clause provides Congress with the authority to override state laws regulating
federal elections. Under that authority, Congress has enacted federal laws, such as the Help America Vote
Act and the National Voter Registration Act, which regulate aspects of federal elections. Further, Article
II, Section 1, clause 4, provides that Congress may determine the Time of chusing the [presidential]
Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the
United States. Accordingly, Congress established the same date, every four years, for the states to elect
presidential and vice-presidential electors in 3 U.S.C. § 1, known as Election Day.
Congressional Research Service
https://crsreports.congress.gov
LSB11244
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/goverec0001&div=1&collection=&method=preview&ext=.png&size=3)
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