Cecily Zamora
The US Constitution's Elections Clause states that the rules for federal elections are set by individual states, but Congress may alter these regulations at any time. The president has no authority to change state election laws or practices, and several courts have held that the president cannot impose conditions on the disbursement of funds for law enforcement. However, states have enacted restrictive and expansive voting laws, with at least 30 states enacting 79 restrictive laws since 2020, and at least 42 states enacting 172 expansive laws since January 2021. These laws can affect voter registration, voting methods, and the removal of voters from voting rolls.
| Characteristics | Values |
|---|---|
| Who can change federal voting laws? | Only states and Congress may set the rules for federal elections. |
| Who cannot change federal voting laws? | The President does not have the power to unilaterally rewrite election laws. |
| What is the Elections Clause? | The Elections Clause invests the State with responsibility for the mechanics of congressional elections, but only so far as Congress declines to preempt state legislative choices. |
| What does the Elections Clause not govern? | The Elections Clause does not govern voter qualifications. |
| What is the role of the Election Assistance Commission (EAC)? | The EAC is an independent bipartisan agency that supports election administration. |
| What is the SAVE Act? | The SAVE Act is a bill that would make sweeping changes to voter registration, including requiring those signing up to present documents proving U.S. citizenship. |
| What is the impact of the SAVE Act? | The SAVE Act would make it easier for states to use federal immigration data to check voter rolls and ensure only U.S. citizens are registered. |
| What is the impact of restrictive state voting laws? | Restrictive state voting laws can make it harder for eligible Americans to cast their ballots and undermine voters' faith in the security of elections. |
| What is the impact of expansive state voting laws? | Expansive state voting laws can expand access to voting and outpace the number of restrictive laws passed. |
| What are some examples of restrictive state voting laws? | In 2024, at least 10 states enacted 19 restrictive laws, and overall, at least 317 restrictive bills were considered in 40 states. |
| What are some examples of expansive state voting laws? | In 2024, at least 21 states enacted 32 expansive laws, and overall, at least 648 expansive voting bills were considered in 44 states and Washington, DC. |
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What You'll Learn
The Elections Clause
Despite the power granted to Congress by the Elections Clause, it was not exercised until 1842 when a law was passed requiring that Representatives be elected on a district basis. In 1870, Congress utilized the Elections Clause to pass the first comprehensive federal statute enforcing the Fifteenth Amendment's guarantee against racial discrimination in voting.
It is important to note that the Elections Clause does not govern voter qualifications. According to the Constitution, these qualifications must be the same as those required for Electors of the most numerous branch of state legislatures. The authority of states to establish the "Times, Places and Manner" of elections for Senators and Representatives does not include the power to impose additional qualification requirements for these positions.
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Voter qualifications
In terms of voter identification, states have the authority to mandate government-issued photo identification for voting, as per the Court's ruling in Crawford v. Marion County Election Bd. This is to prevent fraud and ensure the integrity of elections. However, states cannot require voters to pay a fee or tax to obtain this identification.
Citizenship is another key qualification for voting in federal elections. Federal laws prohibit foreign nationals from registering to vote or participating in federal elections. The National Voter Registration Act and the Help America Vote Act require states to maintain accurate and current lists of legally registered voters, and the Department of Homeland Security provides database information to assist in this process.
Additionally, the minimum age requirement is essential, and most states allow 17-year-olds who will turn 18 by Election Day to vote in primaries.
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Voting methods
However, it is important to note that while states have the power to regulate voting methods, they must also comply with federal laws and constitutional provisions. For example, federal laws prohibit foreign nationals from participating in federal, state, or local elections and require states to maintain accurate and current voter registration lists. States must also ensure that their voting methods safeguard the integrity of elections, prevent fraud, and protect the rights of American citizens.
In recent years, there has been a growing trend of states enacting restrictive voting laws, which can make it more difficult for eligible Americans to cast their ballots. Since the 2020 presidential election, at least 30 states have enacted 79 restrictive laws, and this trend is expected to continue. These laws often include stricter voter ID requirements, changes to voter registration processes, and modifications to polling place locations and hours.
On the other hand, some states have also enacted expansive voting laws aimed at increasing access to the vote. In 2024 alone, at least 21 states enacted 32 expansive laws, and a total of 42 states have enacted 172 expansive laws since January 2021. These laws may include measures such as early voting, mail-in voting, and same-day registration, which provide voters with more convenient and flexible options for casting their ballots.
While states have the primary authority to establish voting methods, the federal government and Congress also play a role in shaping election procedures. For instance, the National Voter Registration Act and the Help America Vote Act require states to maintain accurate and up-to-date voter registration lists. Additionally, Congress can exercise its power under the Elections Clause to address issues such as partisan gerrymandering and provide further guidance on voting methods and procedures.
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Voter registration
The US Constitution's Elections Clause states that the rules for federal elections are set by individual state legislatures, except that "Congress may at any time by Law make or alter such Regulations". The President has no authority to change state election laws or practices, and their role in the constitutional scheme is limited to signing or vetoing federal legislation.
The Elections Clause does not govern voter qualifications, which, under Article I, Section 2, Clause 1, and the Seventeenth Amendment, must be the same as the qualifications requisite for electors of the most numerous branch of the State Legislatures.
Federal laws, such as the National Voter Registration Act (Public Law 103-31) and the Help America Vote Act (Public Law 107-252), require states to maintain an accurate and current list of every legally registered voter in the state. The Department of Homeland Security must share database information with states upon request to aid in this process.
In 2025, the SAVE Act was passed by the House, which would make significant changes to voter registration. This Act requires those signing up to present documents proving US citizenship, such as a passport or birth certificate. This has been criticised as tens of millions of Americans do not have easy access to such documents, and it is thought that this could dramatically depress voter participation.
In addition to this, several states have passed restrictive laws that make it harder for eligible Americans to cast their ballots. In 2024, at least 10 states enacted 19 restrictive laws, and at least 30 states have enacted 79 restrictive laws since the 2020 presidential election.
On the other hand, pro-voter legislators have been seeking to expand access to voting. In 2024, at least 21 states enacted 32 expansive laws, and at least 42 states have enacted 172 expansive laws since January 2021.
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Election interference laws
The Elections Clause of the US Constitution gives states the responsibility for the mechanics of congressional elections, but only if Congress does not choose to preempt state legislative choices. For example, the Elections Clause does not allow states to set term limits or impose additional qualification requirements for Members of the House of Representatives or Senators.
Several Federal laws, including 18 U.S.C. 1015 and 611, prohibit foreign nationals from registering to vote or voting in Federal elections. Federal laws, such as the National Voter Registration Act (Public Law 103-31) and the Help America Vote Act (Public Law 107-252), require states to maintain an accurate and current list of legally registered voters. The Department of Homeland Security must share database information with states to fulfill this duty.
To uphold election integrity, the Federal government enforces election laws, particularly those concerning the imposition of criminal penalties for electioneering. The Federal Election Commission (FEC) enforces campaign finance laws, including the Federal Election Campaign Act (FECA). The Act prohibits certain electoral activities by foreign nationals, such as making contributions or expenditures in connection with any US election. Vote buying is also a form of electoral fraud, where voters are offered benefits in exchange for their vote for a particular candidate or party.
Each state has laws that regulate electioneering near polling places on election day. For example, Delaware law prohibits wearing any items referring to issues, candidates, or partisan topics, while Minnesota restricts the presence of unauthorized persons at a polling place. Many states also prohibit influencing voters, political persuasion, soliciting votes, campaign apparel, circulating petitions, voter intimidation, and projecting sounds referring to candidates or issues.
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Frequently asked questions
No, only Congress may set the rules for federal voting laws. The U.S. Constitution's Elections Clause gives states the responsibility for the mechanics of congressional elections, but only if Congress does not create rules to preempt them.
Federal laws, such as the National Voter Registration Act (Public Law 103-31) and the Help America Vote Act (Public Law 107-252), require states to maintain an accurate and current list of every legally registered voter in the state. Other federal laws, including 18 U.S.C. 1015 and 611, prohibit foreign nationals from registering to vote or voting in federal elections.
No, the president does not have the power to unilaterally change federal voting laws. The president has no authority over the Election Assistance Commission, an independent bipartisan agency created by Congress.
No, the Elections Clause does not govern voter qualifications. The authority of states to establish the times, places, and manner of holding elections does not include the authority to impose additional qualification requirements.
