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Why do states have different election rules? (2022)
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| Elections by state | |
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.[1]
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).[1][2] | ” |
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.”[3] However, the clause also holds that any laws Congress may pass regulating congressional elections would preempt state law.[3]
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.[1] 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.[4]
See also
Related articles
Footnotes
- ↑ 1.0 1.1 1.2 Congressional Research Service, "The State and Local Role in Election Administration: Duties and Structures," March 4, 2019
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 National Constitution Center, "Elections Clause," accessed September 7, 2022
- ↑ National Conference of State Legislatures, "Election Administration at State and Local Levels," February 3, 2020
