March 12, 2020
Disrupted Federal Elections: Policy Issues for Congress
Introduction
jurisdictions were prepared for absences and that
Super Typhoon Yutu struck the Commonwealth of the
election administration continued smoothly.
Northern Mariana Islands (CNMI) approximately 10 days
before Election Day 2018. That election included one
Disruptions also are affecting political campaigns. Some
federal contest, for U.S. House Delegate. Governor Ralph
2020 presidential campaigns, for example, cancelled
DLG. Torres issued an executive order postponing the
large public events during the primaries. The two major
general election from November 6 to November 13. The
political parties reportedly also were monitoring the
order also postponed early voting. This episode appears to
2019-nCov outbreak ahead of summer presidential
be the only case of a postponed federal general election in
nominating conventions.
modern history. As discussed below, other election
disruptions are more common.
Policy Background and Issues
The remainder of this In Focus discusses selected policy
This CRS In Focus briefly introduces historical and policy
background and potential considerations for Congress.
issues that could be relevant for congressional oversight,
History provides examples of issues, while others are more
legislation, or appropriations related to what this product
theoretical given the unknown nature of future disruptions
calls disrupted elections. This term means events such as
that might arise.
natural disasters, other emergencies, or cyber attacks that
could substantially delay or prevent normal voting, election
Federal Election Statutes and Oversight
administration, or campaigning.
The U.S. Constitution and federal statutes structure election
administration and voting in the United States. State,
Disrupted elections do not necessarily mean that election
territorial, and local election administrators—supported by
administration or voting results are flawed. Routine events,
thousands of volunteer or part-time poll workers—
such as recounts, can delay final results. Even under normal
administer all U.S. elections. Federal agencies overseen and
circumstances, certifying final results occurs well after
funded by Congress play a supporting role.
Election Day. In addition, election administrators routinely
prepare for unexpected circumstances before, during, and
Federal statutes set, among other provisions, uniform
after Election Day. Although not the focus of this product,
general election dates and minimum standards for polling
more traditional delays (e.g., simple equipment failures,
place and voting access; they also regulate federal
long lines, or new administrative procedures) may raise
campaign finance. These laws generally do not address
similar policy issues and options to disruptions arising from
election disruptions, and no federal election statute is
disasters or emergencies. Constitutional or legal issues not
devoted specifically to the topic.
addressed here also could be relevant. Other CRS resources,
some of which are listed at the end of this product, are
Perhaps because of the primarily state and local role in
available to Congress.
election administration, congressional legislation devoted
specifically to disrupted elections is relatively uncommon.
Selected 2020 Examples
Provisions in legislation devoted to options such as mail or
other forms of remote voting, early voting, and voter
On the morning of March 3, Tennessee voters awoke to
tornado damage hours before “Super Tuesday” voting
registration could be relevant for congressional
consideration of disrupted elections. In addition, after some
began. State and local election administrators quickly
previous disrupted elections, Congress has conducted
directed affected voters to alternate sites. Also on the
hearings to consider appropriations to replace election
morning of March 3, the Associated Press reported
“voting by flashlight” after storms caused a power
equipment and to oversee state-level contingency planning,
election equipment, and voter access.
outage at a Bibb County, Alabama, polling place.
Federal Absentee Voting and Related Provisions
During the March 10 presidential primary, voting was
As with other election administration issues, states or
delayed and a St. Louis polling place was relocated after
territories are responsible for determining how voters may
a person allegedly threatened poll workers and damaged
cast ballots. However, the Uniformed and Overseas
voting equipment.
Citizens Absentee Voting Act (UOCAVA) requires states
to permit registration and voting by certain overseas
A 2019 Novel Coronavirus (2019-nCov) outbreak has
civilians and members of the “uniformed services” (the
affected election administration and campaigning. For
military; and National Oceanic and Atmospheric
example, fears of infection reportedly led to Super
Administration, and Public Health Service, commissioned
Tuesday poll worker absences in California and Texas.
officers). Previous legislation has proposed expanding these
In both states, media reports indicated that the
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Disrupted Federal Elections: Policy Issues for Congress
provisions in various circumstances, some of which could
campaigns, parties, and election administrators. Federal
be relevant for disrupted elections. In the 116th Congress, S.
intelligence and law enforcement agencies have warned that
1397 would require states to accept the Federal Write-In
foreign interference in U.S. elections is an ongoing threat,
Absentee Ballot (FWAB) from non-UOCAVA voters
including for the 2020 cycle. The goal of much of this
affected by certain disasters or health emergencies.
interference appears to be to sow social and political
Currently, the FWAB is a backup federal ballot for
divisions in the United States. Foreign interference could, in
UOCAVA voters whose state ballots do not arrive on time.
and of itself, disrupt future elections; could exacerbate other
Also in the 116th Congress, S. 3440 would require states to
disruptions (e.g., power failures) by spurring doubt about
establish voting contingency plans for declared
the legitimacy or accuracy of political or voting processes;
emergencies, and require states to accept absentee ballots in
or both.
specified situations.
Postponement of Elections
States also may choose to offer additional voting resources
Although the 2018 CNMI case appears to be the only
in response to disrupted elections. After Hurricanes Katrina
modern example of a postponed federal general election,
and Rita, for example, state election administrators
states have more frequently postponed federal primaries, or
conducted national outreach to inform voters of absentee
nonfederal general elections (e.g., municipal contests).
voting and remote polling places.
Perhaps most prominently, governors invoked state
authority to postpone elections after Hurricanes Katrina and
Federal Support for Election Jurisdictions
Rita (2005), and Sandy (2012); and for September 11, 2001,
Two forms of federal support for state, territorial, and local
New York primaries. Discussion of congressional authority
election jurisdictions could be particularly relevant for
to postpone elections entails legal analysis that is beyond
disrupted elections. First, Congress periodically has
the scope of this product.
provided financial support for election administration.
Second, federal agencies provide services to state,
Voter Information and Perceived Legitimacy
territorial, and local election jurisdictions for those that
Depending on circumstances, disrupted elections could
choose to accept such assistance. Neither form of support is
foster public doubt about the legitimacy of election
specifically devoted to disrupted elections.
procedures or results. Domestic or foreign sources also
could seek to disrupt elections by publicizing inaccurate
The Election Assistance Commission (EAC) administers
information. State and local election jurisdictions are the
funding authorized under the Help America Vote Act
most authoritative sources of information about voter
(HAVA). States appear to be allocating the latest
eligibility, polling place hours, etc. Federal agencies such as
installments, from FY2018 and FY2020, toward enhancing
the EAC, Federal Voting Assistance Program (for
security amid threats of foreign interference in U.S.
UOCAVA voters), and Justice Department also provide
elections. Other forms of election disruptions, such as
voting information.
natural disasters or illness, could foster debate over
providing additional funds.
Selected CRS Elections Policy Products
CRS products related to topics such as campaign finance,
Of the various federal agencies that can support election
elections, emergency management and homeland security,
jurisdictions, services from the Department of Homeland
public health, and voting could be relevant for
Security (DHS) and from the EAC could be most applicable
congressional consideration of disrupted elections. CRS
for disrupted elections. DHS (particularly its Cybersecurity
products addressing legal issues also may be relevant.
and Infrastructure Security Agency, CISA), provides
Selected elections policy products include the following:
services such as assistance with cyber-incident response
and security consultations to election jurisdictions and
CRS In Focus IF11285, Election Security: Voter
political campaigns. The EAC provides educational
Registration System Policy Issues, by Sarah J. Eckman;
resources for election administrators, including those
developed by a Disaster Preparedness and Recovery
CRS In Focus IF11445, The Election Infrastructure
Working Group, for election administrators and voters.
Subsector: Development and Challenges, by Brian E.
Humphreys and Karen L. Shanton;
The Federal Emergency Management Agency (FEMA)
CRS Report R45302, Federal Role in U.S. Campaigns and
does not specifically support federal, state, or local
Elections: An Overview, by R. Sam Garrett;
elections or have statutory authority on the subject. FEMA-
administered funds have been approved in the past for
CRS Report R45549, The State and Local Role in Election
replacing voting equipment and for moving polling places
Administration: Duties and Structures, by Karen L.
after disasters. FEMA also has publicized voting
Shanton; and
information for displaced voters.
CRS Report R46146, Campaign and Election Security
Foreign Interference
Policy: Overview and Recent Developments for Congress,
Congressional and federal-agency investigations have
coordinated by R. Sam Garrett.
established that the Russian government interfered with the
2016 U.S. elections by impersonating Americans to spread
R. Sam Garrett, Specialist in American National
political disinformation and organize political events; and
Government
conducted cyber operations against U.S. political
IF11456
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Disrupted Federal Elections: Policy Issues for Congress
Disclaimer
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