Contents

• Introduction
• Scope of the Report
• Policy Developments Subject to Change
• Organization of the Report
• Campaigns and Elections
• The Federal Government and Campaigns
• Federalism in Elections: Who Does What, In Brief
• The Constitution and Major Federal Statutes
• The Constitution
• Major Federal Statutes that Regulate Campaigns and Elections
• Campaign Finance
• Election Administration
• Qualifications and Contested Elections
• Voting Rights
• Redistricting
• Other Areas of Law that Can Substantially Affect Campaigns and Elections
• Federal Government Roles
• Congress
• Congressional Committees Primarily Responsible for Overseeing Federal Campaigns and Elections
• Most Elements of Election Law Apply Uniformly to Both Chambers
• Chamber Rules and Campaigns and Elections
• Federal Agencies
• Agencies with Primary Roles in Federal Campaigns and Elections
• Agencies with Secondary Roles in Federal Campaigns and Elections
• The Federal Judiciary
• Conclusion

Summary

Conventional wisdom holds that the federal government plays relatively little role in U.S. campaigns and elections. Although states retain authority for most aspects of election administration, a closer look reveals that the federal government also has steadily increased its presence in campaigns and elections in the past 60 years. Altogether, dozens of congressional committees and federal agencies could be involved in federal elections under current law.

Congress faces a complex mix of traditional oversight areas and developing ones throughout the elections field. This report provides the House and Senate with a resource for understanding the current campaigns and elections regulatory structure. The report addresses those areas of law and public policy that most directly and routinely affect American campaigns and elections. This includes six broad categories of law through which Congress has assigned various agencies roles in regulating or supporting campaigns, elections, or both. These are campaign finance; election administration; election security; redistricting; qualifications and contested elections; and voting rights. Tables throughout the report, and two appendices at the end of the report, are designed to help the reader locate key information quickly. Appendix A provides a quick reference of key agency roles and statutory citations by policy area. Appendix B briefly summarizes information about executive orders issued during 2020 or later that are or were substantially related to federal elections policy.

No single federal agency is in charge of the federal role in campaigns and elections, just as multiple statutes address various aspects of the field. Two federal agencies' duties are devoted solely to elections issues. The Election Assistance Commission (EAC) administers available federal funding for state and territorial election administration, and provides these jurisdictions with information about election administration. The Federal Election Commission (FEC) administers civil aspects of federal campaign finance law. Congress has charged other departments and agencies with supporting campaigns and elections policy in specific cases, although those agencies' primary roles are focused on areas beyond elections. Examples include the Department of Homeland Security (DHS), Department of Justice (DOJ), and component organizations comprising the Intelligence Community (IC).

Statutory requirements establish specific, typically long-term roles for the federal government, the states, or both. Other factors, such as executive orders, changes in presidential or agency policy priorities, agency organization, funding, and emerging policy challenges, can affect the implementation of federal statutes affecting campaigns and elections.

This report does not track legislation that proposes changes in the policy environment discussed herein. It will be updated occasionally to reflect major developments.

Introduction

This CRS report is intended to help Congress understand how the statutes and agencies it has created affect U.S. campaigns and elections. No single agency or statute provides overarching coordination for the federal role in campaigns and elections. As this report shows, at least 22 congressional committees; 20 federal departments or independent agencies (plus the Intelligence Community and the federal judiciary); 9 federal statutes; and several constitutional provisions can affect the federal role in campaigns and elections.

As this report discusses

• The federal role in campaigns and elections is limited, but can be extensive in those areas in which the federal government is involved. Congress has expanded the federal role in campaigns and elections in the past 60 years, particularly in campaign finance and voting rights.
• Campaigns and elections are different things and are regulated differently. The federal government plays relatively little role in regulating campaigns, except for campaign finance. The federal government primarily supports states in administering elections.
• Existing campaigns and elections policy primarily focuses on electioneering and voting. Topics such as issue advocacy or general attempts to influence public opinion are not necessarily regulated under federal law that covers campaigns and elections.
• The Election Assistance Commission and Federal Election Commission are the only two agencies devoted solely to campaigns and elections. The Justice Department administers and enforces some elections statutes. Agencies such as the Department of Homeland Security have seen their elections functions expand and retract as a matter of policy, although statutory changes specifically affecting their elections duties have been rare. Several other agencies also play roles in campaigns and elections.

The following pages are based on CRS research of statutory references¹ to campaigns and elections; legislative or other congressional activity; federal agency documents and websites; scholarly research; and media accounts.² Citations appear throughout, including to other CRS products that provide additional detail. This report does not track legislation.

Scope of the Report

The report addresses those areas of law and public policy that most directly and routinely affect federal campaigns and elections.³ It does not attempt to cover every instance of federal involvement in this policy area. Other agencies⁴ or provisions in law or regulation that are not addressed here might be relevant in specific cases.⁵ For example, a campaign finance investigation might involve banking law, but because banking law typically is not a campaign finance policy or election administration matter in the United States, the report does not address it. The report also excludes agencies that Congress generally has prohibited from elections involvement, or in which involvement has merely been proposed. The Securities and Exchange Commission (SEC), for example, meets both criteria.⁶

The report emphasizes roles supporting or regulating campaigns and elections that Congress has assigned federal agencies in codified law. Unless otherwise noted, it does not address temporary provisions found in appropriations law.⁷ The report addresses some executive orders or other agency policy documents that have had long-term impacts on federal elections policy.

This report does not provide legal or constitutional analysis. Congress's authority to establish standardized election procedures for federal elections would stem primarily from the Elections Clause of the Constitution, as interpreted by the Supreme Court.⁸ In practice, federal, state, and local governments share responsibility for regulating or supporting campaigns and elections in the United States.

Finally, in some cases, the federal government's activities and authorities change over time, or new information becomes available. This report will be updated occasionally to reflect major developments or new information.

Policy Developments Subject to Change

Congress has made no major recent statutory changes affecting the federal role in campaigns or elections. Beyond statutory provisions, developments such as changes in presidential or agency policy priorities, agency organization, funding, and emerging policy challenges can impact the implementation of federal statutes affecting elections.⁹ This report includes some discussion of potentially more temporary policy changes affecting elections roles, but is not intended to provide detailed tracking of such developments.

Policy changes such as those below could have practical implications for the federal role in campaigns and elections at specific time periods, even without changes to the statutory roles this report emphasizes:

• executive orders that could affect federal responsibilities, as noted in Appendix B;
• appropriations activity affecting federal funding to assist states with election administration, or affecting federal-agency resources;
• agency reorganizations or staffing decisions affecting elections roles; and
• agency enforcement decisions that emphasize or deemphasize certain elections statutes or activities.

In some cases, these developments are or have been subject to litigation that is beyond the scope of this report.¹⁰

Organization of the Report

Two themes organize the analysis: categories and roles. Categories refer to six broad policy areas discussed in the following pages. These include

• campaign finance;
• election administration;
• election security;
• redistricting;
• qualifications and contested elections; and
• voting rights.

The report also briefly discusses other areas of law that can substantially affect campaigns, elections, or both. Roles refer to specific governmental responsibilities within the categories. These roles refer to what the federal government does to support, regulate, or fund aspects of U.S. campaigns or elections.

Appendix A at the end of this report lists the roles organized by category. For example, the Election Administration category includes the Voters—Registration role. Importantly, these categories and roles are not definitive, and not necessarily mutually exclusive. What one reader would characterize as Election Administration, another might view as more appropriately Voting Rights.

Campaigns and Elections

Campaigns and elections are distinct concepts. This distinction affects the federal government's role in both. Practically and simply, campaigns are about persuading voters in an effort to win elections. Voters express their campaign preferences by casting ballots in elections. Except for campaign finance policy, U.S. campaigns are subject to relatively little regulation. Elections in the United States are highly regulated and primarily a state-level responsibility.

The Federal Government and Campaigns

There is no uniform standard for campaign conduct in the United States. Primarily, federal policy regulates how campaigns and related entities raise and spend money. Most regulation of campaign conduct rests in campaign finance law.¹¹ This includes topics such as

• permissible and prohibited sources of contributions and expenditures (including a broad prohibition on fundraising, spending, and certain campaign involvement by foreign nationals);
• contribution limits;
• permissible and prohibited uses of campaign funds;
• public disclosure of contributions and expenditures; and
• disclaimers required for political advertising.

Most of these provisions apply to a limited set of actors known as "political committees." These are candidate campaign committees, party committees, and political action committees (PACs).¹² In addition, campaign finance policy primarily affects activities that explicitly advocate for election or defeat of political candidates, or, in some cases, certain preelection advertising¹³ that mentions candidates but does not explicitly call for election or defeat.

Other areas of law and regulation sometimes affect campaigns, but do not specifically address campaign conduct. For example, state or local property law might govern disputes over campaign assets. In general, however, barring some other provision of federal, state, or local law (such as corporate law, or law prohibiting race-based discrimination), federal campaign finance policy is silent on topics such as

• campaign management, including strategy, theme, and message;
• field activities (e.g., get-out-the-vote [GOTV] efforts);
• voter targeting;
• strategic relationships among political committees and other organizations, provided that they do not violate prohibitions on coordination or result in prohibited in-kind contributions;
• use of political consultants and vendors; and
• commercial transactions, provided that they are at fair-market value.

Consequently, the federal government plays relatively little role in campaign conduct. As discussed below, the federal role in elections also is limited but far greater.

Federalism in Elections: Who Does What, In Brief

The federal role in elections is limited yet complicated. The Constitution and federalism limit the federal government's roles to specific tasks, many of which support states, territories, and localities. Within its purview, however, the federal government's duties can involve multiple statutes, agencies, and areas of public policy. Table 1 below provides a brief overview of the major functions performed by the federal government and by the states.¹⁴ Appendix A at the end of this report provides additional detail and cites relevant federal statutes.

Federal roles in elections include activities such as

• providing Census Bureau data to the states to facilitate redistricting;
• since 2002, providing occasional funding to states to support election administration;
• facilitating voluntary information-sharing and "best practices" among states;
• regulating campaign finance in federal elections;
• prohibiting voter discrimination based on color, race, or language in U.S. elections;
• facilitating access to absentee voting by members of the uniformed services¹⁵ and overseas civilians, and their families;
• assisting states with election security to respond to threats that are beyond normal state or local capabilities; and
• performing specified other elections duties as required in federal statute (e.g., providing threat assessments or protecting presidential candidates).

Most aspects of voting and administering elections are notably absent from this list because they fall to the states. Federal provisions discussed throughout the report also can affect state obligations.¹⁶ In general, state and local government roles in elections include activities such as

• managing and implementing all aspects of election administration and voting;
• choosing voting methods and purchasing equipment;
• determining voter eligibility and identification requirements; and
• securing election systems and polling places.

To summarize, states, territories, and local election jurisdictions (often counties) do most of the work of administering federal elections.¹⁷ They also retain most authority over how those elections are conducted. The federal government primarily supports state, territorial, and local election jurisdictions. The federal government also is responsible for ensuring that state, territorial, and local jurisdictions administer their elections consistent with federal law.

The Constitution and Major Federal Statutes

The Constitution and federal statutes establish the federal role in U.S. campaigns and elections. The following discussion addresses constitutional provisions; statutes that primarily regulate campaigns and elections; and, finally, statutes that can affect campaigns and elections but primarily address other policy issues. Appendix A at the end of this report provides citations to other areas of law that may be relevant in specific cases but are not otherwise addressed in the report. Appendix B briefly summarizes recent executive orders (EOs) that appear to be particularly relevant for the federal role in campaign finance, elections, or voting policy. Importantly, EOs and other nonstatutory provisions are particularly subject to change.

The Constitution

The U.S. Constitution recognizes states' primary roles in election administration but also provides specific powers and responsibilities for the federal government.

• Article I sets criteria for House and Senate elections. In addition, the Elections Clause, in Article I, Section 4, assigns states with setting the "Times, Places and Manner" for House and Senate elections, but also permits Congress to "make or alter such Regulations," except for the "Places of chusing Senators."¹⁸ Article I requires a decennial census, the basis of congressional apportionment. Subsequent amendments (discussed below) affect some of these provisions. Article I also grants the House and Senate authority over "Judg[ing] the Elections" for each chamber.¹⁹
• Article II sets criteria for presidential elections. This includes allocating presidential electors among the states, permitting Congress to "determine the Time of chusing" presidential electors, and specifying that Congress may determine a nationwide date for presidential electors to cast ballots.²⁰
• The Twelfth Amendment altered the original presidential and vice-presidential election process.²¹
• The Fourteenth Amendment contains the Equal Protection Clause (Section 1), the basis for some voting rights claims; and specifies the method for House apportionment (Section 2).
• The Fifteenth Amendment prohibits race-based disenfranchisement.
• The Nineteenth Amendment prohibits sex-based disenfranchisement.
• The Twenty-third Amendment provides electoral college votes to the District of Columbia.
• The Twenty-fourth Amendment prohibits poll taxes in federal elections.
• The Twenty-sixth Amendment, ratified in 1971 amid controversy over the Vietnam War draft, grants 18-year-olds voting rights.

Major Federal Statutes that Regulate Campaigns and Elections

At least nine major statutes substantially affect the federal role in U.S. campaigns and elections. This section provides brief highlights of each, and cites other CRS products that contain additional detail.

Campaign Finance

Federal Election Campaign Act

Modern campaign finance law dates to the 1970s, with the 1971 enactment of the Federal Election Campaign Act (FECA)²² and major amendments in 1974, 1976, and 1979.²³ Collectively, these provisions

• established limits on sources and amounts of campaign contributions;
• mandated public reporting ("disclosure") requirements to document financial transactions; and
• created the Federal Election Commission as the nation's civil campaign finance enforcement agency.²⁴

Congress enacted the most significant amendment to FECA to date in 2002, via the Bipartisan Campaign Reform Act (BCRA).²⁵ Among other provisions, the act

• banned national parties, federal candidates, and officeholders from raising "soft money"²⁶ in federal elections;
• increased most contribution limits; and
• placed additional restrictions on preelection issue advocacy known as "electioneering communications."²⁷

Major litigation affected interpretation of these statutes and of some others discussed in this report. Other CRS products contain additional information.²⁸

Election Administration

Help America Vote Act

Congress enacted the Help America Vote Act (HAVA)²⁹ in 2002, after the disputed 2000 presidential election raised concerns about election administration, ballot design, and voting equipment around the country. HAVA remains the nation's primary federal statute devoted to election administration. Major HAVA provisions generally cover three main categories: (1) requirements for states in administering federal elections; (2) authorizations of federal funding to support election administration; and (3) establishment of Election Assistance Commission authorities.³⁰ In particular, HAVA includes language

• authorizing payments to support election administration in the states, to meet the act's requirements, and to replace lever and punchcard voting systems;
• requiring states to establish statewide voter registration databases, provide accessible systems for voters with disabilities, and provide provisional ballots to voters whose eligibility is unclear, among other requirements affecting federal elections;
• transferring the Federal Election Commission's previous election administration functions to a new independent agency, the Election Assistance Commission (EAC);³¹
• requiring the EAC³² to disburse the federal payments to states;
• charging the EAC with conducting research on election administration and developing voluntary voting system guidelines (VVSG) for election equipment, and with accrediting testing laboratories and certifying election equipment;³³
• generally prohibiting the EAC from engaging in rulemaking;³⁴
• establishing working relationships between the EAC and several other governmental and nongovernmental entities, including through a Standards Board³⁵ and Board of Advisors (which includes representatives from various federal agencies) to provide input on election "best practices," EAC research, and VVSG matters,³⁶ and a Technical Guidelines Development Committee (TGDC)³⁷ to review the VVSG;
• providing the Justice Department³⁸ with enforcement authority; and
• expanding protections for military and overseas voters' access to election information and absentee ballots.

A 2024 amendment to HAVA also requires states to provide specified access for designated congressional observers in federal elections.³⁹

National Voter Registration Act

Congress enacted the National Voter Registration Act (NVRA, sometimes called the "Motor-Voter" law) in 1993.⁴⁰ In brief, current major NVRA provisions include

• requiring states to provide voter-registration materials at certain governmental agencies, such as motor-vehicle and social service agencies;
• requiring states to accept registration applications by mail using a federal form;
• restricting removing voters from registration lists (e.g., "purging") in certain circumstances, and regulating some practices that states may use to maintain their registration lists;⁴¹
• permitting voters who have moved within voting jurisdictions to correct an address at the polling place or a central location (the "fail-safe" provisions); and
• requiring states to designate a chief state election official for purposes of the act (and which is sometimes cross-referenced in other law or legislation that affects states).⁴²

Parts of the act also interact with provisions found in the Uniformed and Overseas Citizens Absentee Voting Act and the Voting Rights Act, both of which are discussed below. The Justice Department is responsible for civil NVRA enforcement.

Uniformed and Overseas Citizens Absentee Voting Act

Congress has enacted laws to help members of the military vote since the Civil War.⁴³ Current provisions, which also cover overseas civilians, appear in the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).⁴⁴ Congress most recently substantially amended UOCAVA in 2009, when it included provisions in stand-alone measure S. 1415, the Military and Overseas Voter Empowerment (MOVE) Act in the FY2010 National Defense Authorization Act (NDAA).⁴⁵ In brief, UOCAVA

• applies to eligible members⁴⁶ of the U.S. military and of some other "uniformed services," who are serving away from their residence for voting purposes, and to their spouses and dependents, and to overseas civilians;
• encourages or requires states to make registration and voting easier for military voters, overseas citizens, or both, such as through accepting single absentee-ballot requests for multiple elections, accepting a federal write-in absentee ballot (FWAB), accepting registrations and ballots without notarization, and processing UOCAVA absentee ballots expeditiously; and
• through HAVA amendments to UOCAVA, directs the Secretary of Defense to conduct outreach concerning military voting and to provide registration and voting assistance to servicemembers. (As of this writing, the Secretary of Defense is using a secondary Secretary of War designation, under Executive Order 14347 dated September 5, 2025.⁴⁷)

The Department of Defense, Federal Voting Assistance Program (FVAP), administers UOCAVA. Individual federal agencies with covered employees also could have UOCAVA compliance responsibilities.⁴⁸ The Justice Department is responsible for civil enforcement of some UOCAVA provisions.

Qualifications and Contested Elections

Electoral Count Act

Congress enacted the Electoral Count Act in 1887.⁴⁹ This statute, as amended, and the Twelfth Amendment to the U.S. Constitution, establish a timeline and procedures for electoral college action, and for the joint session of Congress that convenes to count the electoral college results. Congress amended the ECA via the Electoral Count Reform Act (ECRA) in 2022. Collectively, these provisions, codified in Title 3 of the U.S. Code, specify how Congress—and, in some cases, the states and DC—implement their electoral college roles.

Federal Contested Election Act

U.S. constitutional provisions discussed elsewhere in this report address qualifications and vacancies among federal officeholders. State law also covers some scenarios. The Federal Contested Election Act (FCEA, which appears as the Federal Contested Elections Act in some texts)⁵⁰ applies to contested U.S. House elections, as do constitutional provisions and chamber rules. FCEA, enacted in 1969,⁵¹ primarily concerns procedural and judicial provisions that govern House contests. FCEA does not cover contested Member-elect qualifications or eligibility.

Voting Rights

For more than 60 years, protecting voting rights has been one of the federal government's most prominent elections roles. Enactment of modern federal law to protect access to registration and the ballot followed more than a century of national struggle on politics and race. More recently, Congress has enacted federal law designed to make registering to vote, and being able to cast ballots, easier for those who are blind, disabled, or elderly.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA), enacted in 1990, prohibits disability-based discrimination in a variety of public and private services, most of which are beyond the scope of this report.⁵² The law does not specifically address elections, although the findings section references voting discrimination against individuals with disabilities.⁵³ Justice Department regulations⁵⁴ implementing the statute require accessible public programs and services. The ADA and Justice Department regulations implementing Title II of the act are therefore sometimes included in discussions of federal provisions requiring accessible polling places.⁵⁵

Voting Accessibility for the Elderly and Handicapped Act

Congress enacted the Voting Accessibility for the Elderly and Handicapped Act (VAEHA) in 1984.⁵⁶ VAEHA generally requires states to

• make polling places and registration locations accessible to disabled or elderly voters,⁵⁷ or to provide an alternate voting method; and
• provide registration and voting aids for disabled or elderly voters.

The Justice Department enforces these provisions.

Voting Rights Act

Congress originally enacted the Voting Rights Act (VRA) in 1965, at the height of the civil rights movement and amid violent voter suppression in some states.⁵⁸ Congress extended or expanded the VRA several times between 1970 and 2006. The 2013 Supreme Court decision in Shelby County v. Holder⁵⁹ substantially affected the two sections of the VRA, although the case explicitly addressed only one. Specifically, in Shelby County, the Court invalidated Section 4(b) of the VRA. This section of the act contained a coverage formula that identified jurisdictions within states, and some entire states, that had previously engaged in discrimination or contained minority-language populations that Congress determined warranted additional federal voting protections. Under Section 5 of the act, the U.S. Attorney General or the U.S. District Court for the District of Columbia had to approve in advance ("preclear") voting changes (e.g., changes in polling places) in those jurisdictions. Although the Court did not invalidate Section 5, it is inoperable now that Section 4(b) has been invalidated.

Among other provisions, the VRA

• prohibits states and other jurisdictions ("political subdivisions") from using race- or color-based qualifications, standards, or practices in registration, voting, or redistricting;
• prohibits previous tools used to disenfranchise voters, such as poll taxes or literacy tests;
• permits voting assistance and promotes polling place access for voters who are elderly or disabled;
• permits the Justice Department to monitor elections to protect voting rights;⁶⁰ and
• requires the U.S. Census Bureau to conduct post-election surveys about voter registration and participation by age, race, and national origin in covered jurisdictions.

Redistricting

Constitutional provisions establish the decennial census, apportionment, and redistricting processes. Federal statutes codify elements of those provisions.⁶¹ As noted previously, the Voting Rights Act prohibits using race, color, or minority language status to discriminate against voters (e.g., vote dilution), including in redistricting.⁶²

Other Areas of Law that Can Substantially Affect Campaigns and Elections

Other areas of law also can affect campaigns, elections, or both.

• Various criminal provisions apply to prohibited election conduct. Some of these provisions are codified in laws cited elsewhere in this report; some appear in Title 18 of the U.S. Code. ⁶³ The Justice Department investigates and enforces these provisions, and some civil ones related to elections. Title 18 also provides the U.S. Secret Service with authority for protecting major presidential candidates.⁶⁴ Among other criminal provisions related to campaigns and elections, federal law prohibits
• intimidation, threats, and coercion in voter registration, voter assistance, or voting;⁶⁵
• fraudulent voter registration and election tabulation;⁶⁶
• using government authority to interfere with the nomination process or election results;⁶⁷
• foreign nationals (except permanent resident aliens) from making campaign contributions or expenditures;⁶⁸
• noncitizen ("alien") voting in federal elections;⁶⁹
• coercion of political activity in federal employment;⁷⁰ and
• generally, a military role in elections.⁷¹
• Federal tax law, housed in the Internal Revenue Code (IRC; Title 26 of the U.S. Code), has three major implications for campaign finance policy. First, the IRC contains statutory provisions that authorize the presidential public financing program.⁷² Second, the IRC establishes the limited circumstances under which political campaigns, parties, and political action committees are subject to taxation.⁷³ Third, the Internal Revenue Service has interpreted the IRC to require that politically active tax-exempt social welfare groups, labor unions, and trade associations not primarily be engaged in campaign intervention.⁷⁴
• Most regulation of political advertising appears in campaign finance law.⁷⁵ Some provisions also appear in telecommunications statutes.⁷⁶ In particular, the "lowest unit charge" (sometimes also called the "lowest unit rate") provision in telecommunications law permits candidates to purchase preemptible broadcast advertising at the most favorable rates provided to commercial advertisers for the same class of time (e.g., length and time of day).⁷⁷ Telecommunications law also requires broadcasters to maintain a "political file" (sometimes also called the "public file") of candidate requests for advertising purchases.⁷⁸ Telephone Consumer Protection Act (TCPA) provisions affecting automated telephone calls ("robobcalls") can affect certain communications regarding federal campaigns or elections.⁷⁹
• Homeland security and cybersecurity statutes provide authority for some of the Department of Homeland Security's, the Intelligence Community's, and federal law enforcement agencies' involvement in elections, but do not directly address campaigns or elections.⁸⁰ The 2017 critical infrastructure designation discussed in the "Department of Homeland Security" section of this report and in other CRS products established elections roles for the agency.⁸¹
• In the FY2020 National Defense Authorization Act (NDAA), Congress added to Title 50 of the U.S. Code reporting and notification requirements concerning attempted foreign interference in U.S. elections, and preelection reporting concerning counterintelligence and cybersecurity threats to U.S. campaigns.⁸²
• In the FY2026 NDAA, Congress amended Title 50 to require the Director of the Federal Bureau of Investigation (FBI) to provide notice to Congress, with certain exceptions, of "each counterintelligence assessment or investigation" of candidates for federal office or federal officeholders.⁸³

Additional provisions appear in Appendix A at the end of this report.

Federal Government Roles

Congress

As discussed below, Congress affects elections—and vice versa—in several respects. In addition to Members being candidates themselves, Representatives and Senators

• legislate in and oversee policy areas ranging from those that are central to campaigns and elections, such as campaign finance or voting rights, to those that affect campaigns and elections in some cases, such as cybersecurity;
• appropriate federal funds to support election administration; and
• execute constitutional duties related to elections, including counting electoral college ballots in presidential elections, and considering contested elections.

Members of congressional leadership also influence, formally or informally, appointments to the Election Assistance Commission, Federal Election Commission, and other agencies involved in campaigns and elections. The Senate provides advice and consent as required by statute or the Constitution.⁸⁴

Table 2 provides a brief overview of these and other duties.

Congressional Committees Primarily Responsible for Overseeing Federal Campaigns and Elections

At least 22 congressional committees potentially have roles in overseeing or appropriating funds for the federal role in U.S. campaigns and elections, as shown in Table 3.

• The Committee on House Administration and Senate Committee on Rules and Administration exercise primary jurisdiction over federal elections. They also are the primary oversight committees for the Election Assistance Commission (EAC) and the Federal Election Commission (FEC). Both committees also have jurisdiction over election contests within their respective chambers. They also provide guidance, along with the House and Senate Ethics Committees, on how chamber rules might affect Member and staff actions (e.g., franking) regarding campaigns and elections.
• In recent years, Congress has appropriated funds for the EAC and FEC through the Financial Services and General Government (FSGG) portions of omnibus appropriations laws.⁸⁵

Other policy matters related to campaigns, elections, or both sometimes arise in other committees' legislative, oversight, or appropriations work. Table 3 contains a brief sample.

Most Elements of Election Law Apply Uniformly to Both Chambers

Most federal election law applies to all federal elections. The same is generally true for campaign finance law regulating campaigns. There are, however, limited circumstances in which the House and Senate have established specific requirements for each chamber. For example, air-travel provisions of the Honest Leadership and Open Government Act (HLOGA, which amended FECA) apply differently to the House and Senate.⁸⁶ The two chambers typically defer to one another on issues only affecting the House or Senate.

Chamber Rules and Campaigns and Elections

House and Senate rules govern some Member and staff conduct during federal campaigns and elections. Examples include prohibitions on campaign activity in congressional offices and preelection "blackout" periods for certain franked communications. The Committee on House Administration and the Senate Rules and Administration Committee, and the House⁸⁷ and Senate Ethics Committees, provide guidance on how chamber rules might affect Member and staff activity.⁸⁸

Federal Agencies

This section briefly summarizes federal agencies that are substantially involved in regulating or supporting U.S. campaigns or federal elections. This report does not attempt to provide a detailed discussion of these roles, nor does it address issues beyond these agencies' elections responsibilities. Other agencies not addressed here might be relevant in specific circumstances.⁸⁹ The discussion is divided into two sections: those agencies whose primary duties concern campaigns or elections; and those that primarily serve other policy areas, but that also have secondary elections duties.

Table 4 provides a brief overview; more detailed discussion follows the table.

Agencies with Primary Roles in Federal Campaigns and Elections

Election Assistance Commission

Congress established the Election Assistance Commission (EAC) in 2002, when it enacted the Help America Vote Act (HAVA). The EAC is the sole federal agency devoted to election administration.⁹⁰ Major EAC functions include the following:

• The agency coordinates best-practice information with states and provides voluntary certification of election equipment.⁹¹
• Congress tasked the EAC⁹² with distributing HAVA federal funding.⁹³
• EAC commissioners serve on the Election Infrastructure Subsector Government Coordinating Council (EIS GCC). The EIS GCC coordinates information-sharing with other federal agencies; with state, territorial, and local election administrators; and with other subsectors.⁹⁴ Additional information appears in the "Department of Homeland Security" section of this report.
• HAVA generally prohibits the EAC from engaging in rulemaking.⁹⁵

Federal Election Commission

The Federal Election Commission (FEC) is the only federal agency with a significant regulatory role affecting political campaigns.⁹⁶ Among other duties, the FEC

• enforces civil aspects of federal campaign finance law;
• administers disclosure of federal campaign finance reports;⁹⁷
• administers the presidential public financing program for candidates who choose to participate; and
• provides compliance guidance to regulated entities (e.g., candidates) and the public.

Agencies with Secondary Roles in Federal Campaigns and Elections

Department of Commerce

• Decennial census data produced by the Department of Commerce's (DOC's) Census Bureau are the basis for congressional apportionment and redistricting.⁹⁸
• The Census Bureau conducts post-election surveys about voter registration and participation as required by the Voting Rights Act.⁹⁹
• DOC's National Institute of Standards and Technology (NIST) provides technical assistance to other agencies involved in elections. In particular, this includes advising on the EAC's Voluntary Voting System Guidelines (VVSG) and consulting with the Defense Department's Federal Voting Assistance Program regarding topics such as cybersecurity and electronic ballot transmission. (As of this writing, the Department of Defense is using a secondary Department of War designation, under Executive Order 14347 dated September 5, 2025.¹⁰⁰)
• The NIST director chairs the EAC's Technical Guidelines Development Committee (TGDC), which assists the EAC with development of the VVSG, and provides other technical guidance to the commission.¹⁰¹
• Like other federal agencies with covered employees or dependents, DOC may provide outreach and compliance information to eligible UOCAVA voters. In particular, as noted elsewhere in this report, UOCAVA covers National Oceanographic and Atmospheric Administration (NOAA) commissioned officers. NOAA is an agency within DOC.

Department of Defense

• As of this writing, the Department of Defense is using a secondary Department of War designation, under Executive Order 14347 dated September 5, 2025.¹⁰²
• Federal law and American political culture generally limits military involvement in federal elections.¹⁰³
• The Defense Department's (DOD's) primary role in U.S. elections concerns facilitating ballot access for military servicemembers. DOD's Federal Voting Assistance Program (FVAP) administers UOCAVA.¹⁰⁴ As noted previously, UOCAVA is designed to ensure that members of the uniformed services and overseas civilians have timely access to federal ballots. Mail to military personnel can be handled by the U.S. Postal Service (USPS; discussed below) and by the DOD's Military Postal Service Agency (MPSA).¹⁰⁵
• The FVAP Director serves on the EAC's Board of Advisors.¹⁰⁶
• FVAP also works with other federal agencies to ensure compliance with the act's provisions covering specified uniformed-services members, federal civilian employees, and dependents.¹⁰⁷
• In some cases, DOD entities are involved in countering foreign threats to U.S. elections, such as through contributions to the Intelligence Community or other coordination with federal agencies (e.g., the State Department, as noted below).¹⁰⁸ Some National Guard units have assisted states with election cybersecurity.¹⁰⁹ Congress has authorized DOD to include elections cybersecurity vulnerabilities in exercises, in consultation with DHS and if states agree to participate.¹¹⁰

Department of Health and Human Services

Some of the HAVA funding discussed in the "Help America Vote Act" section above was designated for improving voting access for people with disabilities, and for "protection and advocacy" systems.¹¹¹ Congress assigned the Department of Health and Human Services (HHS) with administering those funds.¹¹² Separately, like other federal agencies with covered employees or dependents, HHS may provide outreach and compliance information to eligible UOCAVA voters. In particular, as noted elsewhere in this report, UOCAVA covers U.S. Public Health Service (USPHS) commissioned officers.¹¹³ HHS houses the USPHS.

Department of Homeland Security

The Department of Homeland Security's (DHS's) role in elections grew significantly after the 2016 election cycle.¹¹⁴ DHS's most substantial involvement in elections stems from Secretary Jeh Johnson's January 2017 decision to designate U.S. elections infrastructure as "critical infrastructure."¹¹⁵

• The critical-infrastructure designation applies to databases and information technology (IT) systems that support voter registration and election management, and to polling places and early voting locations.¹¹⁶ It does not directly affect political campaigns, parties, etc.¹¹⁷
• In general, the designation prioritizes DHS support for election jurisdictions. Such support can include information-sharing on threats; monitoring election systems; conducting vulnerability assessments; and assistance identifying or responding to threats (e.g., cyberattacks).¹¹⁸
• DHS serves as the "Sector-Specific Agency" (SSA) for the Elections Infrastructure Subsector (EIS) within the Government Facilities Sector. As SSA, DHS is empowered to coordinate information-sharing among various governmental and nongovernmental entities (e.g., vendors) responsible for election administration. In this role, DHS, through the Cybersecurity and Infrastructure Security Agency (CISA), also coordinates activities for the EIS Government Coordinating Council (GCC).¹¹⁹ The EIS GCC includes representatives from DHS, EAC, and state and local governments. DHS can also assist a Sector Coordinating Council (SCC), which consists of industry representatives (e.g., voting-machine manufacturers). The critical infrastructure designation does not give DHS regulatory authority over federal elections.
• DHS has, at least in the past, relied on an Election Task Force to coordinate information-sharing and other elections-support work across the federal government.¹²⁰
• The department can work with the other agencies, such as the State Department and Department of the Treasury, to administer sanctions responding to election interference, or to support administration of such sanctions.¹²¹
• As noted in the "Intelligence Community" section of this report, federal law requires the Office of the Director of National Intelligence, in consultation with the DHS Under Secretary for Intelligence and Analysis, and the FBI Director, to produce a publicly available "advisory report" on counterintelligence and cybersecurity threats to U.S. campaigns.¹²²
• Through the U.S. Secret Service (USSS), DHS protects major presidential candidates.¹²³ The Secret Service is also the lead security agency for "national special security events" (NSSEs), such as presidential inaugurations and presidential nominating conventions.¹²⁴
• Like other federal agencies with covered employees or dependents, DHS can provide outreach and compliance information to eligible UOCAVA voters. UOCAVA duties may be particularly noteworthy for DHS because the agency houses the U.S. Coast Guard (USCG), whose uniformed personnel the statute covers.¹²⁵

As of this writing, some of the department's elections roles appear to be in flux. For example, in early 2025, much of CISA's elections work conducted during the 2020 and 2024 election cycles reportedly was curtailed.¹²⁶ Some of those services were provided in the form of DHS funding that previously supported the Center for Internet Security's (CIS's) Multi-State Information Sharing and Analysis Center (MS-ISAC) and the Election Infrastructure Information Sharing and Analysis Center (EI-ISAC).¹²⁷

Department of Justice

The Justice Department (DOJ) investigates¹²⁸ and enforces aspects of federal law, including those concerning election crimes. Among other roles in federal elections, DOJ is responsible for the following:

• DOJ investigates and enforces various aspects of election law, such as campaign finance¹²⁹ criminal provisions, alleged vote fraud or intimidation, and civil aspects of HAVA, UOCAVA, and the VRA.
• HAVA requires that DOJ representatives be among the EAC's Board of Advisors.¹³⁰
• The department may work with the other agencies, such as the State Department and Department of the Treasury, to administer sanctions responding to election interference, or to support administration of such sanctions.¹³¹
• DOJ, the FBI, or both participate in assessments of foreign interference in U.S. elections and advisories for campaigns regarding foreign influence and cybersecurity, coordinated by the ODNI.¹³²
• The FBI, an agency within DOJ, may investigate alleged violations of campaign finance or elections laws, and other federal statutes.
• As of this writing, it appears that some of the executive branch activities aimed at combatting foreign interference during the 2020 and 2024 election cycles have been curtailed or eliminated.¹³³ For example, in February 2025, Attorney General Bondi announced that the FBI's Foreign Influence Task Force was being disbanded.¹³⁴ The task force previously served to coordinate bureau activities to identify and counter foreign interference.¹³⁵

Department of Labor

Annual financial reports filed with the Labor Department (DOL) include certain union "political activities." These can include funds spent to support or oppose candidates among union members and their families.¹³⁶ Similar information must be reported separately to the FEC. DOL also provides Consumer Price Index (CPI) information to the FEC, which the latter agency uses to issue updated contribution limits specified in FECA.¹³⁷

Department of State

• The State Department supports overseas civilian access to absentee voting through UOCAVA. In addition, many of the State Department's employees and dependents are covered by the statute. As noted previously, FVAP (DOD) administers UOCAVA.¹³⁸
• Legislative authority for the department's Global Engagement Center (GEC) expired on December 31, 2024. The GEC was charged with coordinating government efforts to counter foreign propaganda and disinformation efforts aimed at undermining U.S. national security interests. GEC partnered with other U.S. government agencies, including those within the State Department, at the Defense Department, and elsewhere.¹³⁹
• Under various executive orders, the State Department may work with other agencies, such as the Department of the Treasury, to administer sanctions responding to election interference, or to support administration of such sanctions.¹⁴⁰

Department of Transportation

• UOCAVA duties may be particularly noteworthy for the Department of Transportation (DOT) because the agency houses the U.S. Maritime Administration (MARAD). As noted previously, merchant mariners are covered under UOCAVA protections extended to uniformed services and overseas voters.¹⁴¹
• The DOT, Bureau of Transportation Statistics, collects information from air carriers regarding extensions of credit to federal political candidates.¹⁴²

Department of the Treasury

• The Department of the Treasury houses the Internal Revenue Service (IRS), which collects taxpayer designations for the Presidential Election Campaign Fund (PECF). The PECF provides public financing for presidential candidates who choose to receive funds under certain conditions.¹⁴³ The FEC administers candidate participation in the program.
• Department of the Treasury agencies might also be involved in investigations of prohibited foreign influence in U.S. elections, such as through the Financial Crimes Reporting Network (FinCEN).¹⁴⁴
• Under various executive orders, the department may work with other agencies, such as the State Department, to administer sanctions responding to election interference, or to support administration of such sanctions.¹⁴⁵

Federal Communications Commission

As noted elsewhere in this report, political advertising regulation rests in campaign finance law administered by the Federal Election Commission, and criminally enforced by the Justice Department. The Federal Communications Commission (FCC)¹⁴⁶ administers aspects of telecommunications law that permit candidates to purchase preemptible broadcast advertising and that require broadcasters to maintain publicly available files of requests for advertising purchases.¹⁴⁷ The FCC also administers Telephone Consumer Protection Act (TCPA) provisions affecting automated telephone calls ("robocalls") that can affect certain communications regarding federal campaigns or elections.¹⁴⁸

Intelligence Community

Congress has assigned the Director of National Intelligence (DNI) with statutory responsibilities for assessing foreign interference in U.S. elections, as discussed below.¹⁴⁹ The DNI provides oversight and direction of the Intelligence Community (IC), which includes several departments and agencies.¹⁵⁰ Other CRS products provide additional detail about the DNI and IC.¹⁵¹

Provisions codified in Title 50 of the U.S. Code require the DNI, in consultation with other agencies, to issue an assessment of "any information" indicating that a foreign government or someone acting on behalf of a foreign government "has acted with the intent or purpose of interfering in elections for Federal office" during the cycle.¹⁵² The ODNI is required to release a public version of the assessment "not later than 60 days after the end of a Federal election cycle."¹⁵³

Federal law also requires the ODNI, in consultation with the DHS Under Secretary for Intelligence and Analysis, and the FBI Director, to produce a publicly available "advisory report" on counterintelligence and cybersecurity threats to U.S. campaigns. The report must be issued at least one year before a federal election and contain best practices for threat mitigation.¹⁵⁴

As of this writing, some policy aspects of U.S. efforts to monitor and counter foreign interference in U.S. elections appear to be in flux.¹⁵⁵ For example, in August 2025, the DNI announced her intention to reorganize the ODNI, including "refocusing functions within the Foreign Malign Influence Center" (FMIC).¹⁵⁶ As another CRS product explains, due partially to concerns surrounding foreign influence in U.S. elections, Congress established the FMIC, within the ODNI, in December 2019.¹⁵⁷ The FMIC housed the Election Threats Executive (ETE) position, which the ODNI previously characterized as "serv[ing] as the IC's coordinating and integrating authority on all election security activities, initiatives, and programs."¹⁵⁸

National Archives and Records Administration

The National Archives and Records Administration (NARA), Office of the Federal Register (OFR), administers communication with the states during the electoral college process.¹⁵⁹ NARA transmits state election certificates to Congress for counting electoral college results during a joint session to determine the presidential election.¹⁶⁰

Office of Government Ethics

Presidential and vice-presidential candidates file annual personal financial disclosure reports (OGE Form 278 (or 278e)) with the FEC. The FEC then transmits the forms to the Office of Government Ethics (OGE) for compliance review.¹⁶¹ OGE primarily issues regulations and provides advice and education to Designated Agency Ethics Officials (DAEOs) for the administration of financial disclosure requirements for government employees, a topic that is beyond the scope of this report.¹⁶²

Office of Personnel Management

The VRA authorizes the Office of Personnel Management (OPM) to deploy federal election observers where ordered by a federal court or directed by the U.S. Attorney General.¹⁶³ DOJ has determined that the 2013 Shelby County decision limits some of these provisions.¹⁶⁴

U.S. Access Board

The U.S. Access Board coordinates information to ensure equal access for people with disabilities to federally funded facilities and activities.¹⁶⁵ The board consists of representatives from 12 federal departments, and private individuals.¹⁶⁶ HAVA requires that Access Board members be appointed to the EAC's Board of Advisors and to the Technical Guidelines Development Committee.¹⁶⁷

U.S. Commission on Civil Rights

The U.S. Commission on Civil Rights investigates discrimination based on "color, race, religion, sex, age, disability, or national origin."¹⁶⁸ This includes conducting research on voting and political participation. The VRA authorizes the commission to designate jurisdictions subject to Census Bureau post-election surveys.¹⁶⁹ HAVA requires that Civil Rights Commission members be appointed to the EAC's Board of Advisors.¹⁷⁰

U.S. Postal Service

Election administrators and political campaigns (and parties, etc.) rely on the U.S. Postal Service (USPS) to transmit election mail and political mail.¹⁷¹ The former includes election-administration materials, such as absentee ballots, polling-place notices, etc. The latter refers to mailings advocating for political candidates, parties, etc. As noted previously, mail to military personnel can be handled by the USPS and by the MPSA (DOD). The U.S. Postal Inspection Service (USPIS) may participate in investigations or other law-enforcement duties regarding mail affecting federal campaigns or elections.¹⁷²

The Federal Judiciary

Courts do not play policymaking or implementation roles in U.S. campaigns and elections. The judiciary's role is therefore largely beyond the scope of this report, as are legal issues. It is important to note, however, that courts can substantially affect interpretation of the statutes discussed above, and review agency implementation of those statutes. Federal law also assigns election-related duties to courts in specific cases, as noted briefly below.

• Federal statutes provide expedited judicial review of complaints arising from some campaign finance and elections matters.¹⁷³
• Particularly on constitutional questions, which are especially prominent in areas such as protected political speech, judicial interpretation shapes the policy options available to Congress.¹⁷⁴
• The VRA permits federal courts to order the presence of federal election monitors or observers to protect against voting rights violations.¹⁷⁵
• Federal courts sometimes adjudicate elections disputes, such as contested election results or oversight of redistricting plans.

Frequent election-related litigation and the increasing frequency of legal specialties devoted to campaign finance and elections suggest that the courts will continue to play important roles in shaping federal regulation of campaigns and elections.

Conclusion

The federal presence in campaigns and elections does not necessarily mean federal power. The preceding pages confirm that the federal government does relatively little to actually administer elections. Where the federal government is involved, however, its presence can be extensive. Historically, the federal government has emphasized domestic campaigns and elections concerns. These include topics such as transparent campaign financing, protecting voting rights, and providing states funding to support election administration. New challenges, such as threats from foreign actors and through cyberattacks, suggest that the federal government's role in campaigns and elections is increasingly complex and interdisciplinary. Some federal roles as implemented in policy or practice vary compared with the roles as specified in statute.

Currently, no single agency or statute provides overarching coordination for the federal role in campaigns and elections. Only two small independent agencies—the EAC for election administration and the FEC for campaign finance—are devoted solely to campaigns and elections policy. Agencies such as DHS can bring security expertise to elections, but are not elections specialists, as are the EAC, FEC, or parts of DOJ. For some, greater coordination across statutes and agencies might be beneficial, while others likely would respond that the existing system is based on deliberately unique statutes, agency expertise, and federalism principles.

Federal policy and law regarding elections primarily emphasizes regulating campaigns, campaign finance, election administration, or voting rights issues. Other issue areas, such as homeland security, telecommunications, and taxation, can affect aspects of federal policy related to elections in specific circumstances. Congress could choose to broaden or narrow the kinds of conduct that are subject to regulation in campaign finance or election law in the future. If it does so, one or more of the statutes and agencies discussed in this report likely would be affected.

Appendix A. Overview of Major Governmental Roles in U.S. Campaigns and Elections

Appendix B. Executive Orders Substantially Related to Elections, 2020-2025

As discussed in the "Scope of the Report" section, this report does not substantially address executive orders (EOs) or other nonstatutory provisions that are subject to change even without amendments to federal law. Table B-1 below provides brief summary information regarding EOs issued since 2020 that contain provisions that could substantially affect the federal campaign finance, elections, or voting policy functions discussed in the body of this report. EO 14215, also discussed below, could specifically affect the FEC or other agencies, although that EO does not address campaign finance, elections, or voting policy issues discussed elsewhere in this report.¹⁷⁶

A Note on the Executive Order 14215 Regarding Agency Rulemaking

On February 18, 2025, President Trump issued EO 14215, stating various requirements for many federal agencies, specifically including the FEC.¹⁷⁷ Although the order does not specifically address elections, it could affect elections-related rulemakings by the FEC or other agencies. Among other provisions, the EO requires agencies to submit "significant regulatory actions" to the Office of Information and Regulatory Affairs (OIRA) for review, and declares that the President or the Attorney General "shall provide authoritative interpretations of law for the executive branch," including covered agencies.¹⁷⁸

Footnotes