March 25, 2020
Disrupted Federal Elections: Policy Issues for Congress
Introduction
voting options and requirements to subsequent federal
The coronavirus disease 2019 (COVID-19) outbreak has
elections.
renewed interest in how election administrators and
political campaigns prepare for emergencies and natural
As of this writing, additional legislative activity
disasters. Some states have postponed primary elections.
responding to the COVID-19 outbreak is anticipated. A
Political campaigns have expanded online outreach in lieu
draft Senate amendment to H.R. 748, the anticipated
of in-person events. According to media reports, national
vehicle for an appropriations measure, reportedly would
party conventions are proceeding as scheduled, but
provide $400 million in election security grants to the
contingency plans are under consideration. Legislation has
Election Assistance Commission (EAC), to be
proposed additional funding and voting options in federal
distributed to states. In addition, Division L of H.R.
elections. As of this writing, legislation and elections
6379 contains several elections provisions. Among
planning are changing daily. This product will be updated
others provisions, the bill would require states to
periodically.
establish contingency plans; provide early voting and
vote-by-mail options in federal elections; provide same-
This updated CRS In Focus briefly introduces historical and
day registration; and provide absentee ballots to voters
policy issues that could be relevant for congressional
affected by emergencies.
oversight, legislation, or appropriations related to what this
product calls disrupted elections. This term means events
Selected Recent Examples
such as natural disasters, other emergencies, or cyberattacks
COVID-19 is a recent and prominent example of election
that could substantially delay or prevent normal voting,
disruption, but is by no means the only such example.
election administration, or campaigning.
Super Typhoon Yutu struck the Commonwealth of the
Disrupted elections do not necessarily mean that election
Northern Mariana Islands (CNMI) approximately 10
administration or voting results are flawed. Routine events,
days before Election Day 2018. That election included
such as recounts, can delay final results. Even under normal
one federal contest, for U.S. House Delegate. Governor
circumstances, certifying final results occurs well after
Torres issued an executive order postponing the general
Election Day. In addition, election administrators routinely
election and early voting. This episode appears to be the
prepare for unexpected circumstances before, during, and
only case of a postponed federal general election in
after Election Day. Although not the focus of this product,
modern history.
more traditional delays (e.g., simple equipment failures,
long lines, or new administrative procedures) may raise
On March 3, 2020, Tennessee voters awoke to tornado
similar policy issues to disruptions arising from disasters or
damage hours before “Super Tuesday” voting began.
emergencies. Constitutional or legal issues not addressed
State and local election administrators quickly directed
here also could be relevant. Other CRS products are
affected voters to alternate sites. Also on March 3, the
available to Congress.
Associated Press reported “voting by flashlight” after
storms caused a power outage at a Bibb County,
116th Congress Legislation
Alabama, polling place.
Several bills introduced in the 116th Congress could be
States may choose to offer additional voting resources in
relevant for disrupted elections. The following bills contain
response to disrupted elections. After Hurricanes
provisions specifically related to emergencies, such as
Katrina and Rita, for example, state election
COVID-19 response.
administrators conducted national outreach to inform
voters of absentee voting and remote polling places.
S. 1397 would require states to accept a federal write-in
ballot. Currently, the only such ballot is the Federal
The COVID-19 outbreak has affected election
Write-In Absentee Ballot (FWAB), a backup federal
administration and voting. For example, fears of
ballot for military and overseas voters (discussed below)
infection reportedly led to Super Tuesday poll worker
whose state ballots do not arrive on time.
absences in California and Texas. In both states, media
reports indicated that the jurisdictions were prepared for
S. 3440 and H.R. 6202 would require states to establish
absences and that election administration continued
voting contingency plans for, and require states to
smoothly.
accept absentee ballots during, certain declared
emergencies. S. 3529 contains similar contingency and
Election administrators in several states are developing
absentee voting provisions, and would extend additional
or revising contingency plans in response to the
COVID-19 outbreak. In some cases, these plans reflect
long experience maintaining election continuity after
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Disrupted Federal Elections: Policy Issues for Congress
hurricanes or other natural disasters. In others, states are
Of the various federal agencies that can support election
considering new issues, such as expanded mail voting.
jurisdictions, services from the Department of Homeland
Security (DHS) and from the EAC could be most applicable
Policy Background and Issues
for disrupted elections. DHS (particularly its Cybersecurity
Federal Election Statutes and Oversight
and Infrastructure Security Agency, CISA) provides
services such as assistance with cyber-incident response
The U.S. Constitution and federal statutes structure election
and security consultations to election jurisdictions and
administration and voting in the United States. State,
political campaigns. The EAC provides educational
territorial, and local election administrators—supported by
resources for election administrators, including those
thousands of volunteer or part-time poll workers—
developed by a Disaster Preparedness and Recovery
administer all U.S. elections.
Working Group, for election administrators and voters.
Federal statutes set, among other provisions, uniform
The Federal Emergency Management Agency (FEMA)
general election dates and minimum standards for polling
does not specifically support federal, state, or local
place and voting access; they also regulate federal
elections or have statutory authority on the subject. FEMA-
campaign finance. These laws generally do not address
administered funds have been approved in the past for
election disruptions, and no federal election statute is
replacing voting equipment and for moving polling places
devoted specifically to the topic. Federal agencies overseen
after disasters. FEMA also has publicized voting
and funded by Congress play a supporting role.
information for displaced voters.
Perhaps because of the primarily state and local role in
Foreign Interference
election administration, congressional legislation devoted
Congressional and federal-agency investigations have
specifically to disrupted elections is historically uncommon.
established that the Russian government interfered with the
Provisions in legislation devoted to options such as mail or
2016 U.S. elections by impersonating Americans to spread
other forms of remote voting, early voting, and voter
political disinformation and organize political events; and
registration could be relevant for congressional
conducted cyber operations against U.S. political
consideration of disrupted elections. In addition, after some
campaigns, parties, and election administrators. Federal
previous disrupted elections, Congress has conducted
intelligence and law enforcement agencies have warned that
hearings to consider appropriations to replace election
foreign interference in U.S. elections is an ongoing threat,
equipment and to oversee state-level contingency planning,
including for the 2020 cycle. The goal of much of this
election equipment, and voter access.
interference appears to be to sow social and political
divisions in the United States. Foreign interference could, in
Federal Absentee Voting and Related Provisions
and of itself, disrupt future elections; could exacerbate other
As with other election administration issues, states or
disruptions (e.g., power failures) by spurring doubt about
territories are responsible for determining how voters may
the legitimacy or accuracy of political or voting processes;
cast ballots. However, the Uniformed and Overseas
or both.
Citizens Absentee Voting Act (UOCAVA) requires states
Postponement of Elections
to permit registration and voting by certain overseas
civilians and members of the “uniformed services” (the
Although the 2018 CNMI case appears to be the only
military; and National Oceanic and Atmospheric
modern example of a postponed federal general election,
Administration, and Public Health Service, commissioned
states have more frequently postponed federal primaries
officers). Some current and previous legislation related to
(including in 2020) or nonfederal general elections.
absentee voting and disrupted elections references
Governors invoked state authority to postpone elections
UOCAVA or requires coordination with the Federal Voting
after Hurricanes Katrina and Rita (2005), and Sandy
Assistance Program (FVAP), which administers the act.
(2012); and for September 11, 2001, New York primaries.
Discussion of congressional authority to postpone elections
Federal Support for Election Jurisdictions
entails legal analysis that is beyond the scope of this
Two forms of federal support for state, territorial, and local
product.
election jurisdictions could be particularly relevant for
Voter Information and Perceived Legitimacy
disrupted elections. First, Congress periodically has
Depending on circumstances, disrupted elections could
provided financial support for election administration.
foster public doubt about the legitimacy of election
Second, federal agencies provide services to state,
procedures or results. Domestic or foreign sources also
territorial, and local election jurisdictions for those that
could seek to disrupt elections by publicizing inaccurate
choose to accept such assistance. Neither form of support is
information. State and local election jurisdictions are the
specifically devoted to disrupted elections.
most authoritative sources of information about voter
eligibility, polling place hours, etc. Federal agencies such as
The EAC administers funding authorized under the Help
the EAC, FVAP (for UOCAVA voters), and Justice
America Vote Act (HAVA). The EAC has issued guidance
Department also provide voting information.
stating its interpretation that previous rounds of FY2018
and FY2020 funding may be used for COVID-19 response
in some circumstances. As noted previously, legislation
R. Sam Garrett, Specialist in American National
under consideration as of this writing would provide
Government
additional funding.
IF11456
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Disrupted Federal Elections: Policy Issues for Congress
Disclaimer
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