Gavin Howe
The federal government's ability to change state voting laws in the United States is a complex and evolving issue. While the federal Voting Rights Act (VRA) of 1965 provides a framework for voting rights protections, it has been weakened by Supreme Court decisions and congressional inaction. As a result, states have stepped in to fill the void, enacting their own voting rights acts (VRAs) to ensure meaningful voting rights for their citizens. This has resulted in a state-by-state approach, with variations in election rules and procedures across the country. While some states have passed restrictive laws that make it harder for eligible Americans to vote, others have expanded access. Ultimately, the authority to set election policies, including voter ID rules, ballot access, and vote counting, rests primarily with the states, as outlined in the Elections Clause of the U.S. Constitution. However, Congress also has the power to override state election rules and pass laws regulating congressional elections, creating a dynamic interplay between federal and state voting laws.
| Characteristics | Values |
|---|---|
| Who can change state voting laws? | State legislatures and ballot measures create the rules governing ballot access, voter registration, and vote counting. |
| Who cannot change state voting laws? | The federal government does not play a primary role in creating policy on elections administration. |
| Who can override state voting laws? | The Elections Clause in Article I of the U.S. Constitution gives Congress the power to override state election rules. |
| Who cannot override state voting laws? | The President cannot dictate to the independent Election Assistance Commission (EAC). |
| Who can evaluate state voting laws? | State election officials and attorneys general. |
| Who can challenge state voting laws? | State attorneys general can defend their states' election laws and processes. |
| Who can pass state voting laws? | Six states have passed their own voting rights acts, and several others have similar efforts underway. |
| Who can enact state voting laws? | State lawmakers can ensure the right to vote remains meaningful in the United States by enacting state versions of federal law. |
| Who can be affected by state voting laws? | Voters in almost half the country will face new voting restrictions in the upcoming general election. |
| Who can be affected by federal voting laws? | Millions of Americans in states without voting rights laws are unprotected from violations of their fundamental rights. |
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What You'll Learn
The US federal government's role in state voting laws
The US Constitution gives states the power to set the "times, places, and manner" of congressional elections. This means that each state can determine its own voter ID rules and most require voters to bring identification to vote in person. However, federal laws govern voting rights and set limits on campaign contributions to candidates for president and Congress.
State legislatures and ballot measures create many of the rules governing ballot access, voter registration, and vote counting. In recent years, some states have passed restrictive laws that make it harder for eligible Americans to cast their ballots. These include laws that allow for partisan interference in elections or threaten the people and processes that make elections work. On the other hand, some states have passed expansive laws that increase access to voting.
The federal government can also play a role in shaping state voting laws. For example, in 2025, President Donald Trump signed an executive order seeking to reshape election processes throughout the US. This order instructed the Election Assistance Commission to amend its federal voter registration form and guidelines for voting systems. Trump's order also required states to ensure that all ballots were returned by Election Day, or risk losing federal funding. However, legal experts argued that Trump's order went beyond what is outlined in the Constitution and would likely face legal challenges.
Overall, while states play the primary role in creating policy on elections administration, the federal government can also exert influence through laws and executive orders.
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State voting rights acts (VRAs)
The passage of State VRAs has become increasingly important due to the erosion of the federal Voting Rights Act (VRA) of 1965 by the United States Supreme Court and the failure of Congress to strengthen federal voting rights legislation. As a result, states have taken the initiative to provide key protections for their constituents, ensuring equal access to the ballot and safeguarding against voter intimidation, racial discrimination, and other forms of voter suppression.
As of 2023, several states have already enacted State VRAs, including California (2002), Washington (2018), Oregon (2019), Virginia (2021), New York (2022), Connecticut (2023), and Minnesota (2024). These states have recognized the ongoing attacks on voting rights at the national level and have taken steps to protect their citizens' right to vote. For instance, the John Lewis Voting Rights Advancement Act has been undermined by leadership in Congress, which has instead pushed for anti-voter legislation that adds barriers to voting.
State VRAs are essential tools for fighting discrimination and promoting equal voting rights. They provide clear and comprehensive standards that prevent discrimination and expand opportunities for those disproportionately affected by voter suppression. By addressing issues such as racial vote dilution and inaccessible polling locations, State VRAs ensure that all citizens have a fair chance to participate in the democratic process. Additionally, State VRAs enjoy broad support, with a 2024 survey showing that 78% of voters across racial and party lines support a voting rights act in their state.
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Federal voting rights legislation
In response to this, state lawmakers have stepped up to fill the void, creating their own voting rights acts (VRAs) to ensure that the right to vote remains meaningful. These state VRAs are tailored to address each state's unique circumstances and combat modern forms of discrimination in voting. They serve as a crucial tool for racial justice, aiming to fulfil the original promise of the federal VRA by guaranteeing equal access to the ballot box, regardless of race, colour, or language. As of 2023, six states have successfully passed their own VRAs, with several others following suit.
The importance of state VRAs is underscored by the fact that elections in the U.S. are not centralized. Instead, they are conducted by election officials and volunteers across thousands of jurisdictions. While the Elections Clause in Article I of the U.S. Constitution grants states the authority to determine the "times, places, and manner" of elections, it also empowers Congress to "make or alter" election regulations, particularly for federal offices. This includes the power to override state election rules if necessary.
To strengthen voting rights protections, Congress should pass comprehensive federal voting rights legislation, such as the John R. Lewis Voting Rights Act and the Freedom to Vote Act. These bills would set minimum standards for voting access nationwide, ensuring that all Americans can exercise their right to vote without undue obstacles. In conjunction with state VRAs, these federal laws would create a robust framework to protect and promote voting rights in the United States.
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State election interference laws
In the United States, elections are not centralized and are instead conducted by election officials and volunteers across thousands of jurisdictions. This means that each state sets its own voter ID rules and most require voters to bring identification to vote in person.
State legislatures enacted an unprecedented number of voting-related laws in 2023, with more expected in 2024. Since 2020, at least 15 states have passed 33 election interference laws, with at least 31 interference laws in 14 states set to be in effect for a presidential election for the first time. These laws allow for partisan interference in elections and threaten the people and processes that make elections work, undermining voters' faith in the security of elections.
The federal government does have some influence over state voting laws. The Elections Clause in Article I of the U.S. Constitution gives Congress the power to "make or alter" election regulations, at least for federal office. This includes the power to override state election rules. However, it does not mention any presidential authority.
State Voting Rights Acts (VRAs) are also important in protecting voting rights, especially in the wake of recent Supreme Court decisions that have weakened the federal Voting Rights Act. Six states have already passed their own VRAs, and several others have similar efforts underway. These state VRAs are crucial in ensuring equal access to the ballot box regardless of race, color, or language, and can help to reduce disparities in racial turnout and increase diversity in local elected offices.
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Federal election laws and voting rights
The Elections Clause in Article I of the US Constitution gives states the authority to set the "times, places, and manner" of congressional elections. This means that states play a primary role in creating policies on election administration, including ballot access, voter registration, and vote counting. However, the Elections Clause also allows Congress to override state election rules and make or alter election regulations, at least for federal offices. This power has been affirmed by the Supreme Court in cases such as Term Limits, Inc. v. Thornton and Foster v. Love.
In recent years, there has been a push for more restrictive state voting laws, with at least 30 states enacting 79 restrictive laws since the 2020 presidential election. These laws can make it harder for eligible Americans to cast their ballots and can disproportionately affect minority voters. In response, pro-voter legislators have sought to expand access to voting, with at least 21 states enacting 32 expansive laws in 2024.
To ensure equal access to the ballot box regardless of race, colour, or language, federal voting protections are crucial. The federal Voting Rights Act (VRA) of 1965 has been weakened by Supreme Court decisions, and Congress has failed to restore it to its full force. As a result, state voting rights acts (VRAs) have become increasingly important to protect and advance voting rights. Six states have already passed their own VRAs, and several others are working on similar efforts. These state-level laws are essential, especially in states with a history of racial discrimination in voting, such as during the Jim Crow era.
While state VRAs are critical, they cannot substitute federal voting protections. Federal laws set minimum standards for voting access across the country and protect the voting rights of all Americans. Therefore, it is essential for both the federal government and individual states to work together to protect and expand voting rights.
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Frequently asked questions
No, the federal government cannot change state voting laws. Elections in the U.S. are not centralized and are instead conducted by election officials and volunteers in thousands of jurisdictions across the country. State legislatures and ballot measures create the rules governing ballot access, voter registration, and vote counting.
The federal government's role is to ensure that voting rights are protected and that there is equal access to the ballot box regardless of race, color, or language. Federal laws govern voting rights and put limits on campaign contributions to candidates for president and Congress.
Yes, states have the authority to set elections policy, including the \"times, places, and manner\" of congressional elections. This means that each state can set its own voter ID rules and requirements for voting in person. Since 2020, at least 15 states have passed 33 election interference laws, while others have passed laws to expand access to voting.
While the federal government cannot change state voting laws, Congress has the power to "make or alter" election regulations, at least for federal offices. The Elections Clause in Article I of the U.S. Constitution gives Congress the authority to override state election rules if necessary.
