Why do states have different election rules? (2020)

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This article covers subjects specific to the 2020 general election. It has not been updated to reflect subsequent developments.
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Election rules vary widely among states because states, rather than the federal government, play the primary role in creating policy on elections administration. State legislatures and ballot measures create many of the rules governing ballot access, voter registration, and vote counting.

A Congressional Research Service report described the states' role in setting elections administration policy in the following way:

“

States typically have primary responsibility for making decisions about the rules of elections (policymaking). Localities typically have primary responsibility for conducting elections in accordance with those rules (implementation).

”

The states’ authority to set elections policy encompasses not just state and local elections but also congressional elections. The Elections Clause in Article I of the U.S. Constitution gives states the power to set the “Times, Places, and Manner” of congressional elections. According to a common interpretation, the clause allows states to create “rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determination of election results.” However, the clause also holds that any laws Congress may pass regulating congressional elections would preempt state law.

States can also delegate certain decisions to local elections authorities, creating more variation in elections processes. For example, while states set standards for voting technology, they may leave the choice of which voting machines to buy to local officials. At the local level, county governments are most commonly responsible for election administration, rather than city or town governments. According to one estimate, more than 10,000 local entities administrate elections in the U.S.

Next question: What methods do states use to prevent election fraud?

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Voter registration requirements, 2020
• Article I, United States Constitution
• Election Policy
• State legislature

Related articles

• National Conference of State Legislatures, "Election Administration at State and Local Levels"