Elections Policy Overview and the 117th Congress

Elections Policy Overview and the 117th Congress

INSIGHTi

Elections Policy Overview and the 117th
Congress
January 21, 2022
The second session of the 117th Congress has continued considering legislation on issues related to
campaign finance, elections, and voting. As Congress examines whether or how to address such
proposals, a threshold question may be which policy areas the House and Senate want to affect, if any.
This CRS Insight provides a brief overview of the campaign finance, election administration, and voting
rights policy issues that pending or future legislation could address. It also provides links to selected CRS
products that contain additional detail about various policy issues. It does not address constitutional or
legal issues, but links to CRS products that do so.
Recent Legislative Activity
The first session of the 117th Congress did not enact major changes to federal election law. In the first
session, the House passed three bills related to campaign finance, elections, or voting rights: H.R. 1, the
For the People Act; H.R. 4, the John R. Lewis Voting Rights Advancement Act (VRAA); and H.R. 5314,
the Protecting Our Democracy Act. In addition, a House-passed appropriations bill (H.R. 4502) contained
funding for elections grants to states. Also during the first session, the Senate did not invoke cloture on
the motion to proceed to versions of the For the People Act (S. 2093; see also S. 1); the VRAA (S. 4); and
another bill, the Freedom to Vote Act (S. 2747). Early in the second session, on January 13, 2022, the
House approved the Freedom to Vote: John R. Lewis Act and sent it to the Senate in the form of an
amendment between the houses on an unrelated bill (H.R. 5746). On January 19, 2022, the Senate did not
agree to a cloture motion on the text. The legislation combines elements of some of the bills noted above
and addresses aspects of campaign finance, election administration, and voting rights. Because policy
issues are not necessarily mutually exclusive, how to classify various bills could be a matter of debate.

Votes on elections-related bills that have advanced during the 117th Congress primarily have occurred
along party lines, amid disagreements over the extent of policy problems and appropriate federal
remedies, if any. Additional activity on bills related to campaign finance, elections, or voting is possible.
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Policy Area Overview
Existing federal statutes, and proposals to amend them, generally fall into three broad areas: campaign
finance, election administration, and voting rights. Each addresses unique but potentially related topics.
Congress most recently approved substantial amendments to these policy areas between 2002 and 2009.
Traditionally, the federal role in campaigns and elections primarily includes regulating campaign finance,
protecting voting rights, and supporting states in election administration. States and localities are
responsible for most aspects of determining voter eligibility and casting and counting ballots.
Campaign Finance
Congress most recently substantially amended campaign finance law in 2002, with the Bipartisan
Campaign Reform Act (BCRA). BCRA amended the Federal Election Campaign Act (FECA), which
currently houses most federal campaign finance statutory provisions. Federal campaign finance policy is
organized around three major themes: (1) prohibitions on contributions or expenditures from certain
sources (e.g., foreign nationals); (2) limits on contributions from permissible sources; and (3) disclosure
and disclaimer requirements designed to provide identifying information about financial transactions and
responsibility for campaign-related communications. FECA also established the Federal Election
Commission (FEC). Supreme Court rulings have affected several FECA provisions.
Election Administration
States are primarily responsible for election administration and voter registration. The Help America Vote
Act (HAVA) and the National Voter Registration Act (NVRA) address aspects of both issues. Enacted in
1993, NVRA is noted primarily for requiring states to offer voter-registration opportunities when eligible
citizens apply for drivers licenses and during specified other interactions with state agencies. The act also
specifies “list maintenance” requirements for updating state voter rolls.
HAVA, enacted in 2002, primarily addresses election administration issues. Among other requirements,
HAVA sets minimum standards for voting systems; requires provisional ballots subject to verification; and
mandates statewide voter registration databases. The act also authorized grants for states to upgrade
election equipment after the 2000 presidential election and otherwise support election administration. It
also established the Election Assistance Commission (EAC). Congress also has authorized grants
separately to support state and territorial election administration. Most recently, the 116th Congress
provided funding to support states and territories responding to developments in election security and the
COVID pandemic.
Voting Rights
Since initial enactment in 1965, Voting Rights Act (VRA) provisions are the primary method by which the
federal government affects voting policy nationwide. The VRA contains various provisions that, among
others, prohibit discrimination or abridgment in voter registration, ballot access, and redistricting based on
race, color, or membership in certain language-minority groups. Historical protections for some
jurisdictions, mostly in the South, that fall under a VRA coverage formula currently are inoperable due to
a 2013 Supreme Court decision (Shelby County v. Holder). Other federal statutes address voting
protections for elderly and disabled voters, those in the military and other uniformed services members,
and overseas citizens.
Selected Other Issues Related to Elections
In addition to the broad policy issues and statutes discussed above, legislation could address issues
affecting election processes. At the federal level, apportionment and redistricting criteria affect allocation

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and district boundaries of House seats. Although redistricting is primarily a state responsibility, the
process has obvious implications for Members of Congress. VRA provisions also can affect redistricting.
Two other process issues affect presidential elections. Congress occasionally considers proposals to alter
the electoral college process specified in the Constitution. Some Members of Congress reportedly also are
considering changes to the Electoral Count Act (ECA), which addresses the process of counting electoral
votes. As with the other areas discussed above, Congress could approve such changes as “stand-alone”
measures or through bills affecting multiple policy issues.

Author Information

R. Sam Garrett

Specialist in American National Government

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