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Why do states have different election rules? (2024)
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
- Voting in 2024
- Who can I contact with questions about voting?
- Who runs elections in the United States?
- Can I register to vote online?
- Does my state have same-day voter registration?
- Do I need voter ID?
- Do I have to vote for everything on my ballot?
- What happens if I mark outside the lines or use the wrong pen/pencil?
- Can I take a ballot selfie?
- Is my employer required to grant me time off to vote?
- Can I vote if I have a felony conviction?
- Can I vote if I am not a citizen?
- How are candidates ordered on the ballot?
- What is a provisional ballot?
- What does it mean to challenge a voter's eligibility, and who can do it?
- How can I learn more about how my jurisdiction administers elections?
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 July 9, 2024
- ↑ National Conference of State Legislatures, "Election Administration at State and Local Levels," December 22, 2023
