Federal Administration of Elections in the United States

In the United States, election administration is decentralised: state and local authorities conduct elections, including elections for federal offices. Federalism divides responsibility between state administration and federal regulation, rather than placing the entire process under one national election commission.

Constitutional division of responsibility

The Constitution assigns states important responsibilities while giving the federal government powers to regulate particular aspects of elections.

• Under Article I, Section 4, state legislatures prescribe the times, places and manner of congressional elections, but Congress may make or alter those regulations, subject to the constitutional exception concerning the places of choosing senators.
• Under Article II, Section 1, each state appoints presidential electors in the manner directed by its legislature; Congress may determine when electors are chosen and when they vote.
• Consequently, an election to federal office is not necessarily an election administered by federal officials.

How states and local authorities conduct elections

State election law supplies much of the operational framework. Local election officials, commonly operating at county or municipal level, perform many practical tasks under that framework.

• Their responsibilities commonly include maintaining voter-registration records, preparing ballots, organising polling places, administering voting and counting ballots.
• State authorities provide oversight and perform responsibilities such as statewide certification of results, with the precise allocation of duties varying by state.
• Rules concerning registration procedures, early voting, postal voting and election equipment can therefore differ across states, subject to applicable federal requirements.
• This decentralisation permits different administrative arrangements, but also requires coordination among numerous authorities to conduct elections for federal, state and local offices.

Federal standards, assistance and enforcement

State responsibility is not unrestricted: constitutional voting-rights protections and federal legislation constrain election rules and administration.

• The Voting Rights Act of 1965 protects against racial discrimination in voting, illustrating federal intervention to safeguard voting rights.
• The Help America Vote Act of 2002 established federal requirements addressing aspects of election administration and created the Election Assistance Commission.
• The Election Assistance Commission provides election-administration assistance, guidance and resources; it does not centrally conduct federal elections.
• The Federal Election Commission administers and enforces federal campaign-finance law, rather than running polling stations or counting votes.