About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 [1] (December 19, 2024)

handle is hein.crs/goversz0001 and id is 1 raw text is: Congressionol Research Service Inlorming the IegisI9tive debate since 914 December 19, 2024 Elections and Campaign Finance: Policy and Legal Background for 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 in these policy areas between 2002 and 2009. Recent Congresses provided funding to support states and territories responding to election administration challenges, and the House and Senate have continued to consider other legislative changes. This CRS In Focus provides a brief background for Members of Congress and staff as they prepare for legislative and oversight duties related to elections and campaigns. Federal Role and Constitutional Framework Although congressional and presidential elections have a 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. 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 for the Senate and House of Representatives. (2 U.S.C. §§ 1, 7). Another key constitutional provision, 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. Under the authority of the Fifteenth Amendment, Congress enacted the Voting Rights Act of 1965 (VRA). Policy Area Overv ew Congress has enacted at least 10 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. In addition, Congress has enacted and considered legislation addressing the redistricting process, which determines district boundaries for the House. Campa gn Finance 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 First Amendment, thereby informing Congress as to the constitutional parameters of campaign finance regulation. For example, in 2010, the Court invalidated a FECA provision that banned corporate and labor union independent expenditures and electioneering communications. Most recently, in 2022, the Court invalidated a FECA provision establishing a limit on campaign contributions that can be used to repay candidates for personal loans. Election Admrnstration 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 driver's 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. HAVA sets minimum standards for voting systems; requires provisional ballots subject to verification; and mandates statewide voter registration databases. It authorized grants for states to upgrade election equipment after the 2000 presidential election and otherwise support election administration. HAVA also established the Election Assistance Commission (EAC). Congress also has authorized grants separately to support state and territorial election administration. Voting Rights The VRA (52 U.S.C. §§ 10101-10702) prohibits discrimination in all aspects of voting based on race, color, or membership in certain language minority groups. Section

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most