December 19, 2022
Elections and Voting: Policy and Legal Issues for the 118th
Congress
Traditionally, the federal government’s role in campaigns
and interpreted certain federal election-related statutes. For
and elections primarily includes regulating campaign
example, the Court has issued pivotal rulings in the context
finance, protecting voting rights, and supporting states in
of campaign finance (Citizens United v. FEC (2010)),
election administration. Congress approved substantial
congressional redistricting (Rucho v. Common Cause
amendments to these policy areas between 2002 and 2009.
(2019)), and voting rights (Shelby County v. Holder
Recent Congresses also provided funding to support states
(2013)).
and territories responding to election administration
challenges concerning election security and the COVID-19
Policy Area Overview
pandemic. This CRS In Focus provides brief background
Based on the constitutional provisions noted above,
information for Members of Congress and staff as they
Congress has enacted at least nine major statutes regulating
prepare for legislative and oversight duties in campaign
aspects of federal elections. Existing federal statutes, and
finance, election administration, and voting rights issues in
proposals to amend them, generally fall into three broad
the 118th Congress.
areas: campaign finance, election administration, and voting
rights. Each addresses unique but potentially related topics.
Federal Role and Constitutional
Because policy issues are not necessarily mutually
Framework
exclusive, how to classify various bills could be a matter of
Although congressional and presidential elections have
debate.
national impact, they are primarily administered according
to state laws. Article I, Section 4, clause 1 of the
Campaign Finance
Constitution (Elections Clause) gives the states the initial
Congress most recently made substantial amendments to
and principal authority to administer the “Times, Places and
campaign finance law in 2002, with the Bipartisan
Manner” of congressional elections within their
Campaign Reform Act (BCRA). BCRA amended the
jurisdictions, as “prescribed in each State by the Legislature
Federal Election Campaign Act (FECA; 52 U.S.C. §§
thereof.” This decentralized authority results in states
30101-30146), which contains most federal campaign
varying significantly in how they administer the federal
finance statutory provisions. Federal campaign finance
voting process and elections. At the same time, the
policy is organized around three major themes: (1)
Elections Clause provides Congress with the authority to
prohibitions on contributions or expenditures from certain
“override” such state laws. (Arizona State Legislature v.
sources (e.g., foreign nationals); (2) limits on contributions
Arizona Independent Redistricting Commission (2015)).
from permissible sources; and (3) disclosure and disclaimer
Under that authority, Congress has enacted laws such as the
requirements designed to provide identifying information
Help America Vote Act (HAVA) and the National Voter
about financial transactions and attribution for campaign-
Registration Act (NVRA), which dictate how states must
related communications. FECA also established the Federal
administer certain aspects of the federal election process.
Election Commission (FEC). In a series of rulings, the
Congress has also enacted laws setting the time for
Supreme Court has invalidated several FECA provisions
elections to the Senate and House of Representatives. (2
under the Free Speech Clause of the First Amendment,
U.S.C. §§ 1, 7).
informing Congress as to the constitutional parameters of
campaign finance regulation. For example, most recently,
A parallel provision addressing presidential elections—
the Court invalidated a FECA provision establishing a limit
Article II, Section 1, clause 2 of the Constitution (Electors
on campaign contributions that can be used to repay
Clause)—provides that “[e]ach state shall appoint” electors
candidates for personal loans. (FEC v. Ted Cruz for Senate
for President and Vice President in the manner “as the
(2022)).
Legislature thereof may direct.” Further, Article II, Section
1, clause 4, provides Congress with the power to determine
Election Administration
when the states choose their electors, which Congress has
States are primarily responsible for election administration
set in statute. (3 U.S.C. § 1).
and voter registration. HAVA (52 U.S.C. §§ 20901-21145)
and the NVRA (52 U.S.C. §§ 20501-20511) address aspects
The Fifteenth Amendment provides that the right of citizens
of both issues. Enacted in 1993, the NVRA is noted
to vote “shall not be denied or abridged ... on account of
primarily for requiring states to offer voter-registration
race, color, or previous condition of servitude,” and
opportunities when eligible citizens apply for drivers
authorizes Congress to enact enforcement legislation.
licenses and during specified other interactions with state
agencies. The act also specifies “list maintenance”
Over the years, the Supreme Court has defined the scope of
requirements for updating state voter rolls.
Congress’s authority to regulate aspects of federal elections
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Elections and Voting: Policy and Legal Issues for the 118th Congress
HAVA, enacted in 2002, primarily addresses election
houses on an unrelated bill (H.R. 5746). On January 19,
administration issues. Among other requirements, HAVA
2022, the Senate did not agree to a cloture motion on the
sets minimum standards for voting systems; requires
text. The legislation combines elements of some of the bills
provisional ballots subject to verification; and mandates
noted above and addresses aspects of campaign finance,
statewide voter registration databases. It authorized grants
election administration, and voting rights. The 117th
for states to upgrade election equipment after the 2000
Congress has also considered amendments to the Electoral
presidential election and otherwise support election
Count Act (3 U.S.C. §§ 5-6, 15-18), which would establish
administration. HAVA also established the Election
procedures for a joint session of Congress to count and
Assistance Commission (EAC). Congress also has
announce the presidential and vice-presidential electoral
authorized grants separately to support state and territorial
votes. On September 21, 2022, the House passed the
election administration.
Presidential Election Reform Act (H.R. 8873), and on
October 18, 2022, the Senate Committee on Rules and
Voting Rights
Administration reported the Electoral Count Reform and
The Voting Rights Act of 1965 (VRA; 52 U.S.C. §§ 10101-
Presidential Transition Improvement Act (S. 4573). To
10702) prohibits discrimination in all aspects of voting
date, the full Senate has not taken up S. 4573.
based on race, color, or membership in certain language
minority groups. Section 2 of the VRA applies nationwide
Congressional Committee Roles
and has mostly been invoked in challenges to redistricting
Most congressional legislative and oversight activity on
maps. For the first time, in Brnovich v. Democratic
campaign finance, elections, and voting issues occurs in
National Committee (2021), the Supreme Court interpreted
four committees: two in the House and two in the Senate.
Section 2 in the context of state voting procedures and
The Committee on House Administration and the Senate
established “certain guideposts” for courts to evaluate such
Rules and Administration Committee have primary
claims. In Shelby County v. Holder (2013), the Court
jurisdiction over campaign finance and federal elections
invalidated the VRA’s coverage formula, rendering the
issues. These committees also oversee the EAC and the
preclearance requirements inoperable. Prior to the Shelby
FEC. The House and Senate Judiciary Committees have
County ruling, certain jurisdictions were required under the
primary jurisdiction over the constitutional and voting
VRA to preclear all proposed changes to voting laws.
rights issues, including oversight of the Department of
Justice (DOJ), which enforces some aspects of federal
Other federal statutes address voting protections for elderly
elections and voting statutes. Other committees also
and disabled voters (Voting Accessibility for the Elderly
consider elections issues within their jurisdictions (e.g., the
and Handicapped Act; 52 U.S.C. §§ 20101-20107) and
House Homeland Security Committee on election security).
uniformed services members and overseas citizens
Recent Congresses have appropriated EAC and FEC funds
(Uniformed and Overseas Citizens Absentee Voting Act; 52
through Financial Services and General Government and
U.S.C. §§ 20301-20311).
consolidated or omnibus appropriations measures. Recent
Congresses have provided DOJ funding through Commerce
Latest Congressional Action
Justice Science and consolidated or omnibus appropriations
To date, the 117th Congress has not enacted any major
bills. Congress also oversees and appropriates funds to
changes to federal statutes regulating campaign finance,
some other agencies that support elections in addition to
election administration, or voting rights. Votes on election-
their primary duties on other issues (e.g., the Department of
related bills that have advanced during the 117th Congress
Homeland Security).
primarily occurred along party lines, amid disagreements
over the extent of policy problems and appropriate federal
Pending Supreme Court Cases
remedies, if any. The 117th Congress appropriated $75
During its current term, the Supreme Court is considering
million supporting election security grants in the FY2022
two potentially consequential election law cases. On
Consolidated Appropriations Act (P.L. 117-103). It also
October 4, 2022, the Court heard oral argument in Merrill
extended certain election grant eligibility to the
v. Milligan, a case that could affect standards that reviewing
Commonwealth of the Northern Mariana Islands (P.L. 117-
courts apply in determining when a redistricting map
182).
violates Section 2 of the VRA. On December 7, 2022, the
Court heard oral argument in Moore v. Harper, where the
The 117th Congress also considered several policy changes.
Court is evaluating the scope of a state court’s authority
The House passed three bills related to campaign finance,
under the Elections Clause to overturn laws enacted by a
elections, or voting rights: H.R. 1, the For the People Act;
state legislature that regulate congressional elections based
H.R. 4, the John R. Lewis Voting Rights Advancement Act
on state constitutional provisions. The Court’s decision in
(VRAA); and H.R. 5314, the Protecting Our Democracy
Moore could clarify under what circumstances state
Act. In addition, a House-passed appropriations bill (H.R.
legislatures have the authority to establish laws that regulate
4502) contained funding for elections grants to states. Also
federal elections—including congressional redistricting
during the first session, the Senate did not invoke cloture on
maps—without review by state courts.
the motion to proceed to versions of the For the People Act
(S. 2093; see also S. 1); the VRAA (S. 4); the Freedom to
R. Sam Garrett, Specialist in American National
Vote Act (S. 2747); and the DISCLOSE Act (S. 4822).
Government
Early in the second session, on January 13, 2022, the House
L. Paige Whitaker, Legislative Attorney
approved the Freedom to Vote: John R. Lewis Act and sent
it to the Senate in the form of an amendment between the
IF12291
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Elections and Voting: Policy and Legal Issues for the 118th Congress


Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
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https://crsreports.congress.gov | IF12291 · VERSION 1 · NEW

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