Keith Mack
The United States Constitution grants Congress the authority to regulate federal elections and impose requirements on states, such as minimum criteria for compactness, contiguity, and single-member districting. States have primary authority over election administration, including setting the times, places, and manner of holding elections. However, Congress can intervene in extreme cases of invasion, legislative neglect, or refusal to pass election laws. Federal laws govern voting rights, establish a uniform Election Day, and set contribution limits for candidates. The Elections Clause empowers Congress and states to regulate elections but they cannot violate other constitutional provisions, such as eligibility requirements for voting or running for office. In the context of martial law, the suspension of democratic processes, including elections, has occurred historically, but the Supreme Court has never explicitly held that the President can declare it.
| Characteristics | Values |
|---|---|
| Who has the authority to impose national elections? | The US Constitution grants Congress the authority to impose national elections, but only in extreme cases of invasion, legislative neglect, or obstinate refusal to pass election laws. |
| Who can declare martial law? | The US Constitution does not define who can declare martial law. While some presidents and state governors have imposed or approved declarations of martial law, the Supreme Court has never explicitly held that the president can declare it. |
| What is the impact of martial law on elections? | Martial law typically suspends democratic processes, including elections, as civilian authorities are replaced by the military. It poses challenges to democratic governance, limiting media freedom, political competition, and opposition participation. |
| What are the requirements for federal elections? | Federal laws establish a uniform Election Day across the nation for federal elections. States have the primary authority to regulate federal elections, including setting voter ID rules and requirements for voting in person. Congress has enacted statutes limiting campaign contributions and requiring public disclosure of election-related spending. |
What You'll Learn
Voter registration standards
Despite the breadth of federal power, Congress rarely invokes the Elections Clause to nationalize election administration. Instead, it assumes that state law is the default, unless a situation calls for federal intervention. Congress has, however, enacted statutes that require voter registration forms to be made available at various public offices, and mandate states to ensure the accuracy of their voter registration rolls.
Some states, such as North Dakota, do not require voter registration. However, to be eligible to vote, individuals must be US citizens, and be able to provide a driver's license, non-driver identification card, or other approved form of identification. Other states, such as Michigan, require that the same address be used for voter registration and driver's license purposes. In Maryland, individuals must be at least 17 years old to register to vote, and not be under an order of imprisonment for a felony conviction.
To protect election integrity, the Election Assistance Commission has been directed to amend the Voluntary Voting System Guidelines 2.0 and issue other appropriate guidance for voting systems. These guidelines aim to prevent fraud or mistakes by avoiding the use of ballots with barcodes or quick-response codes in the vote-counting process, except when necessary for accommodating individuals with disabilities. Additionally, the Department of Homeland Security, in coordination with the DOGE Administrator, is responsible for reviewing each state's voter registration list and records to ensure compliance with Federal requirements.
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Voting rights
The Elections Clause grants states the power to regulate the times, places, and manner of holding congressional elections, but it does not govern voter qualifications. States are responsible for enacting laws concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determining election results. While Congress has the ultimate power to pass federal laws regulating congressional elections, it rarely invokes the Clause to nationalize election administration.
Federal laws, such as the National Voter Registration Act and the Help America Vote Act, require states to maintain accurate and current lists of legally registered voters. These laws aim to protect voters from ballot voidance or dilution by fraudulent votes. Additionally, federal laws prohibit foreign nationals from participating in elections or making contributions and expenditures that could influence the outcome.
The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. It mandated that certain jurisdictions provide election materials in languages other than English. The Act also placed restrictions on states with a history of voter discrimination, requiring federal approval for implementing voter restrictions. However, this rule was struck down by a Supreme Court decision in 2013.
While federal laws and constitutional amendments have played a significant role in safeguarding voting rights, there have also been efforts to restrict them. For example, the proposed SAVE Act has been criticised as a restrictive measure that would require citizens to produce documents like passports or birth certificates for voter registration, potentially blocking millions of eligible Americans from registering and voting.
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Campaign contribution limits
Under the Federal Election Campaign Act, also known as "the Act", contribution limits are subject to periodic adjustments. For instance, the limits on contributions made by individuals to candidates have been increased to $3,500 per election, per candidate. This adjustment is made to keep pace with inflation, ensuring that the limits remain relevant and effective. Similarly, the limits on contributions to national party committees have been raised to $44,300 per calendar year, and the cap on contributions from certain political party committees to Senate candidates has been lifted to $62,000 per campaign.
It is important to note that these limits apply to all types of contributions, with the exception of those made from a candidate's personal funds. Additionally, there are specific rules regarding cash and anonymous contributions. For instance, a campaign may not accept more than $100 in cash from a single source for a campaign for federal office nomination or election. In the case of anonymous cash contributions, the limit is set at $50, and any amount exceeding this must be promptly disposed of and used for purposes unrelated to federal elections or candidates.
The FEC's regulations also extend to presidential campaigns and primaries. All presidential primary elections within a calendar year are considered a single election for contribution limit purposes. This means that contributors cannot give more than the specified limit across multiple primaries for the same election. However, if additional elections are called, such as a judicially mandated election, each of these may have separate contribution limits.
While the Bipartisan Campaign Reform Act (BCRA) increased contribution limits for individuals donating to federal candidates and political parties, there are still important restrictions in place. For example, independent-expenditure-only political committees, often referred to as "Super PACs", are not subject to the same limits and can accept unlimited contributions from corporations and labour organisations. Nevertheless, campaigns are prohibited from retaining contributions that exceed the specified limits, and they must follow specific procedures for handling such funds.
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Election integrity
At the federal level, the U.S. Constitution, through the Elections Clause, grants Congress the power to regulate federal elections and set standards for voting laws. For example, the National Voter Registration Act established uniform voter registration standards, and the Help America Vote Act modernised state voting systems. Federal laws also limit campaign contributions to candidates for Congress and the presidency, and require public disclosure of election-related spending. Additionally, the Attorney General and the Department of Homeland Security play a crucial role in preserving election integrity by coordinating with state officials to secure voting equipment and systems, and verifying the citizenship of registered voters.
State governments also play a significant role in ensuring election integrity. Each state has its own voter ID laws, and most require voters to present identification when voting in person. States have implemented measures such as automatic voter registration and vote-by-mail to increase participation. To combat voter fraud, many states have enacted laws on voter identification and voter database purging. Furthermore, states are responsible for conducting elections, including the management of polling places, and the tabulation and reporting of results.
Localities, particularly in rural areas, face challenges due to limited resources. Decisions about polling places can significantly impact participation, and it is essential that these decisions are made in a fair and equitable manner. Election administrators at the local level have conducted various types of post-election audits, such as process audits and audits of cast ballots, to ensure integrity.
As technology advances, new risks to election integrity emerge. The potential for cyberattacks and foreign interference poses significant threats. In 2016, Russian cyber actors targeted U.S. voting infrastructure in all 50 states, exploiting loopholes to spend millions of dollars and influence the election process. While there was no evidence of changed votes in that particular election, the possibility of such an occurrence in future elections remains. Therefore, it is imperative to safeguard critical election infrastructure, including storage facilities, polling places, and centralised vote tabulation locations, as well as voter registration databases, voting machines, and other electoral management systems.
To summarise, election integrity is paramount in upholding democratic values. It requires a concerted effort from federal, state, and local authorities to ensure that elections are secure, accessible, and reflective of the people's choices.
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Martial law
Historically, the imposition of martial law has occurred during periods of civil unrest, such as strikes and labour disputes, as well as in response to natural disasters. For example, in 1914, martial law was declared during the Colorado Coalfield War, and in 1934, the governor of Minnesota placed Minneapolis under martial law due to violence during a general strike. In the same year, the docks of San Francisco were placed under martial law by the governor due to "riots and tumult" from a dock worker's strike. During the West Virginia Coal Wars (1920-1921), martial law was declared in the state, and federal troops were dispatched to deal with striking miners.
The imposition of martial law has significant implications for democratic processes, including elections. When martial law is declared, the military assumes authority over a civilian area, enforcing laws and making policy decisions. This can result in limited media freedom, restricted political competition, and hindered opposition participation. Holding elections during martial law is a complex endeavour, and historically, countries have rarely conducted elections during wartime, opting to postpone them until conditions allow for a free and fair electoral process.
In the United States, the question of who can declare martial law remains unresolved. While the President and state officials have declared "degrees of martial law" in specific circumstances, the Supreme Court has never explicitly ruled that the President or federal government can declare it. Some scholars argue that the President has the executive power to declare martial law, while others contend that congressional authorization is necessary. Ultimately, Congress may be the only governmental branch with the legal authority to declare martial law.
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Frequently asked questions
The US Constitution does not define or specify who can declare martial law, and there is no legal basis for the federal government to impose it. Elections are typically suspended under martial law, as civilian authorities are replaced by the military.
Congress has a secondary role in creating election laws and can only act in extreme cases of invasion, legislative neglect, or obstinate refusal to pass election laws. Congress has enacted statutes limiting campaign contributions, requiring public disclosure of election-related spending, and mandating voter registration forms.
States have primary authority over election administration, including the times, places, and manner of holding elections. Each state sets its own voter ID rules and can impose reasonable ballot access restrictions for candidates.
Federal laws establish a uniform Election Day for federal elections, set requirements for appointing presidential electors, and prohibit foreign nationals from participating in elections. Federal law also puts limits on campaign contributions to candidates for President and Congress.
