Elections Grant Programs: Policy Options

Elections Grant Programs: Policy Options

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Updated May 8, 2023
Elections Grant Programs: Policy Options
Recent congressional activity on elections issues has often
Options for Legislative Proposals
taken the form of grant programs or funding. Congress
In addition to opposing federal elections grant programs in
responded to foreign efforts to interfere in the 2016
general, some might object to particular grant programs or
elections and the effects of the Coronavirus Disease 2019
funding on more specific grounds. They might note that
(COVID-19) pandemic on administration of the 2020
some of the funding previously appropriated for a given
elections, in part, with funding for a grant program
grant program has not been spent, for example, or oppose
established by the Help America Vote Act of 2002 (HAVA;
the objectives the program is intended to achieve.
P.L. 107-252). Multiple bills introduced or enacted in
Alternatively, they might think that the goals of a given
recent Congresses—from the 117th Congress’s
grant program are worthwhile but that it is unlikely to
Consolidated Appropriations Act, 2023 (P.L. 117-328) and
achieve them or likely to have other, unintended effects.
Protection and Advocacy for Voting Access (PAVA)
To identify or address potential issues in the last of the
Program Inclusion Act (P.L. 117-182) to the 118th
Congress’s One Citizen One Vote
above categories, Members who are developing or
Act (H.R. 512) and
Students Voicing Opinions in Today’s Elections (VOTE)
evaluating grant programs or funding might want to
consider how they are structured. Choices about the
Act (H.R. 126)—have addressed or would address elections
structure of elections grant programs and funding can help
grant programs.
determine how effective they are at achieving their intended
This In Focus explores some issues that may be of interest
purposes and what, if any, unintended consequences they
to Members who are considering offering, supporting,
might have. Grant programs with short spending deadlines
opposing, or amending proposals to authorize, fund, or set
might be better suited to encouraging prompt action on
conditions for elections grant programs. It starts by
funded activities, for example, while longer (or no)
summarizing some general arguments for and against
deadlines might enable grantees to undertake a wider range
federal elections grant programs then introduces some
of projects or wait for relevant information or guidance
considerations that might be relevant for development or
before acting. Ongoing funding might have all of the above
evaluation of particular programs or proposals.
effects but raise concerns for some about potential federal
overreach.
Role of Federal Elections Grant
Programs
Views on the appropriate scope of federal involvement in
elections might also factor into choices about permissible
A central debate in elections policy is over the role the
uses of proposed grant funds. For example, Members might
federal government should play in election administration.
have preferences about exactly how grant funding is spent,
States and localities have traditionally had primary
an interest in allowing for flexibility in states’ or localities’
responsibility for administering elections in the United
use of funds, or both. Depending on how they balance such
States, and opinions differ about the appropriate scope of
considerations, they might choose to limit funding to
federal involvement in setting or implementing election
specific activities or make it available for more general
administration policy.
purposes. They might also opt for a middle ground between
That debate has carried over to some discussions of federal
those choices, such as (1) making grant funds broadly
elections grant programs. Elections grant funding has been
available but prohibiting certain uses or (2) prioritizing use
described by some as federal overreach into a primarily
of funds for particular activities but permitting more general
state and local responsibility or a potential path to such
uses under certain circumstances.
overreach. Some have suggested, for example, that
Each of the above options—along with other questions
elections grant programs could foster a state and local
about the structure of elections grant programs and options
reliance on federal funds that could translate to outsized
for answering them—has been explored in previously
federal influence on election administration policymaking.
introduced or enacted legislation. Table 1 provides some
Others say that the federal government has a responsibility
illustrative examples of such structural questions and
to share the expense of conducting federal elections or to
answers in each of five categories.
advance certain policy goals—such as ensuring that eligible
More detailed information about each set of questions and
voters have access to the ballot or ineligible voters do not—
answers is available in CRS Report R46646, Election
and that grant programs offer a way to fulfill such
Administration: Federal Grant Funding for States and
responsibilities. Grant programs might be used to help
Localities, by Karen L. Shanton. Congressional clients may
cover the costs of conducting federal elections. Congress
also contact the author of this In Focus for discussion of
could also use grant programs to encourage states to adopt
considerations relevant to specific legislative proposals.

certain elections policies voluntarily or help defray the costs
of implementing policies it requires them to adopt.
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Elections Grant Programs: Policy Options
Table 1. Selected Policy Options for Elections Grant Programs and Funding
Category
Sample Questions
Sample Answers
Uses
Are grant funds limited to use for specific activities or
Specific activities (P.L. 116-136, Election Security Grants)
available for more general purposes?
General purposes (52 U.S.C. §§20901, 20903-20906)
Are grant funds intended to finance voluntary activities
Voluntary activities (52 U.S.C. §§21051-21053)
or help meet federal requirements?
Federal requirements (52 U.S.C. §§21001-21008)
Are any uses of grant funds prohibited or prioritized?
Prohibited (52 U.S.C. §§21061-21062)
Prioritized (117th Congress; H.R. 8254)
Amount
Is the total amount of federal funding authorized for the
Fixed amount (52 U.S.C. §§20901, 20903-20906)
grant program a fixed amount, or is it such sums as may
be necessary to conduct the funded activities?
Such sums as may be necessary (52 U.S.C. §20311)
Are grant recipients required to contribute to funding
Match for funds received (P.L. 117-328, Elect. Sec. Grants)
grant activities?
Match for funds to be spent (52 U.S.C. §§21001-21008)
How is funding allocated to grant recipients?
Nondiscretionary formula (52 U.S.C. §§21001-21008)
Competitive grant process (52 U.S.C. §§21041-21043)
Are eligible recipients guaranteed minimum—or subject
Minimum amounts (P.L. 115-141, Elect. Reform Program)
to maximum—award amounts?
Maximum amounts (P.L. 108-7, Elect. Ref. Progs.)
Recipients
Is grant funding available—directly or indirectly—to local Directly (52 U.S.C. §§21021-21025)
officials?
If state does not apply (115th Congress; H.R. 6663/S. 2593)
If authorized by state (115th Congress; S. 2261)
Via mandatory pass-throughs (117th Congress; H.R. 8254)
Is grant funding available to election officials or to other
Election officials (52 U.S.C. §§21001-21008)
state or local entities?
Other entities (52 U.S.C. §§21061-21062)
Which jurisdictions or entities are eligible for the grant
50 states, DC, American Samoa, Guam, Puerto Rico, and
program?
U.S. Virgin Islands (USVI) (52 U.S.C. §20981 note)
50 states, DC, American Samoa, Guam, Puerto Rico, USVI,
Commonwealth of Northern Mariana Islands, and American
Indian consortium (52 U.S.C. §21061)
Availability
Are grant recipients required to obligate or spend grant
Option for extension (52 U.S.C. §§20902-20906)
funds or complete grant-funded activities by a certain
deadline?
No option for extension (P.L. 116-136, Elect. Sec. Grants)
Are appropriations for the grant program authorized for
Limited number of fiscal years (52 U.S.C. §§21041-21043)
a limited number of fiscal years or on an ongoing basis?
Ongoing basis (52 U.S.C. §§21061-21062)
Administration
Are details of grants administration specified in bil text,
Authorizing legislation (52 U.S.C. §§21001-21008)
specified in report language, or left to the discretion of
the federal agency charged with administering the
Appropriations legislation (P.L. 116-136, Elect. Sec. Grants)
program?
Report language (P.L. 111-8, Cmte. print, Elect. Ref. Progs.)
Which agency is charged with administering the grant
Election Assistance Commission (52 U.S.C. §20981 note)
program?
Other federal agency (52 U.S.C. §20311)
Is the administering agency encouraged or required to
Other agencies (52 U.S.C. §§21041-21043)
col aborate or consult with other agencies or stakeholders?
Other stakeholders (117th Congress; H.R. 5008/S. 2702)
Sources: CRS, based on review of data from the U.S. Code and Congress.gov.
Notes: This table is intended to be il ustrative, not comprehensive. Each sample answer includes an example from bil text or report language.

Karen L. Shanton, Analyst in American National
Government

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Elections Grant Programs: Policy Options

IF11962

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