Voting Rights

Voting Rights

Summary

Voting rights in the United States have undergone significant changes throughout its history, with a focus on ensuring equal access to the ballot box for all citizens. While significant progress has been made, challenges and ongoing debates persist.

  • In the ‘About’ section of this post is an overview of the issues or challenges, potential solutions, and web links. Other sections have information on relevant legislation, committees, agencies, programs in addition to information on the judiciary, nonpartisan & partisan organizations, and a wikipedia entry.
  • To participate in ongoing forums, ask the post’s curators questions, and make suggestions, scroll to the ‘Discuss’ section at the bottom of each post or select the “comment” icon.

The Voting Rights category has related posts on government agencies and departments and  committees and their Chairs.

OnAir Post: Voting Rights

News

Ballot measures across the country could have profound effects on people’s everyday lives from abortion access to criminal justice to the way they vote. Geoff Bennett explored the measures with Reid Wilson, founder and editor of Pluribus News, a digital media outlet tracking public policy in the states.

i
Statewide Ballot Measures Database
National Conference of State Legislatures (NCSL)October 23, 2024

Our organization does not run elections and cannot provide legal advice. If you are a voter looking for assistance, please contact your local election official. You can find your local election official’s website and contact information by using this database from the US Vote Foundation.

The future of ballot initiatives
Vox, Dylan ScottNovember 9, 2022

A battle is underway as ambitious ballot measures compete with proposals to restrict their use. Which side is winning?

“There’s been this vacuum of leadership, and in places where voters can take matters into their own hands, they’re doing it,” said Kelly Hall, executive director of the Fairness Project, which has worked to support minimum wage and Medicaid expansion initiatives across the country.

But the initiative process has also been under attack in Arizona, South Dakota, and elsewhere. Arkansas also voted Tuesday on a ballot initiative that would have set up a new supermajority requirement for future initiatives, though that measure failed with nearly 60 percent of voters opposed. State lawmakers are also considering more bills to constrain future initiatives. In 2017, the Ballot Initiative Strategy Center was tracking fewer than 40 bills that would have changed the ballot initiative process; across 2021 and 2022, they have identified more than 200 bills that would limit or undermine the initiative process.

Georgia was ground zero for false claims of election fraud in the 2020 presidential election. The state is in the spotlight again as President Biden and Donald Trump head for a rematch and election laws just passed there could add new complications for voters. Laura Barrón-López discussed more with Sam Gringlas of WABE in Atlanta.

What backlash to landmark voting law tells us about debate today
Center for Public Integrity, Aaron Mendelson NovemberNovember 3, 2023

The Voting Rights Act has been hailed as a key civil rights law by Republican and Democratic presidents alike. But a closer look at its reception in 1965 shows a fierce backlash, with parallels to the present.

Ronald Reagan praised the Voting Rights Act of 1965 as “vital.” Bill Clinton deemed it a “triumph.” George W. Bush said the law “broke the segregationist lock on the ballot box.”

When the U.S. Senate reauthorized the law most recently, in 2006, it passed by a vote of 98 to 0.

And even Chief Justice John Roberts, in a Supreme Court ruling to gut a key enforcement mechanism of the law in 2013, wrote that “there is no denying that, due to the Voting Rights Act, our Nation has made great strides.”

For decades now, America’s political class has heaped praise on the VRA. But later, nearly unanimous support obscures how contested the law was at the time it passed. It provoked a fierce backlash from governors’ mansions to newspaper editorial pages, where it was painted as unconstitutional and unfair to Southern states.

About

Challenges

1. Access and Participation:

  • Restrictive voter registration requirements and ID laws
  • Limited access to polling places and alternative voting methods (e.g., early voting, mail-in ballots)
  • Low voter turnout, especially among marginalized communities

2. Cybersecurity and Election Integrity:

  • Potential for cyberattacks and interference with voting systems
  • Concerns about voter fraud and suppression efforts
  • Ensuring the security and accuracy of election results

3. Redistricting and Gerrymandering:

  • Partisan gerrymandering that dilutes the power of particular voter groups
  • Concentration of voters in certain areas, resulting in unequal representation

4. Voter Suppression and Intimidation:

  • Efforts to suppress voter turnout by targeting specific groups (e.g., minorities, youth)
  • Intimidation or threat of violence at polling places

5. Political Polarization and Election Administration:

  • Highly polarized political environment that affects voter confidence and trust
  • Partisan interference in election administration and oversight
  • Challenges in recruiting and training impartial election workers

6. Financial Constraints:

  • Lack of adequate funding for voter education, election security, and accessibility measures
  • Reliance on private donations and corporate influence

7. Public Trust and Confidence:

  • Concerns about election legitimacy and the perception of fairness
  • Erosion of public trust in the electoral process
  • Challenges in addressing disinformation and misinformation

8. Demographic Shifts and Voter Behavior:

  • Changing population demographics and voter attitudes
  • Differences in voter needs and preferences based on age, race, education, and other factors

9. Technology-Related Challenges:

  • Errors or failures in electronic voting machines
  • Accessibility issues for voters with disabilities
  • Concerns about digital security and privacy

10. International Influence and Interference:

  • Potential for foreign interference in elections through cyberattacks, disinformation campaigns, or other means
  • Challenges in safeguarding elections from external threats

Source: Google Search + Gemini + onAir curation

Solutions

Solutions to Voter Registration Challenges:

  • Automatic Voter Registration (AVR): Registering eligible citizens to vote automatically when they interact with government agencies, such as the Department of Motor Vehicles or social service offices.
  • Online Voter Registration: Allowing citizens to register to vote electronically, making it more convenient and accessible.
  • Same-Day Registration: Allowing citizens to register to vote and cast a ballot on Election Day, eliminating the need for pre-registration.
  • Motor Voter Laws: Requiring states to offer voter registration opportunities at motor vehicle bureaus, increasing accessibility.
  • Outreach and Education: Educating citizens about registration requirements, deadlines, and how to register.

Solutions to Voter Access Challenges:

  • Early Voting: Allowing citizens to cast ballots before Election Day, providing more flexibility and reducing lines on Election Day.
  • No-Excuse Absentee Voting: Permitting citizens to vote by mail without having to provide a reason.
  • Curbside Voting: Accommodating voters with disabilities or mobility issues by allowing them to vote from their vehicles.
  • Expansion of Polling Places: Increasing the number and accessibility of polling locations, reducing wait times and making voting more convenient.
  • Extended Polling Hours: Extending the hours of operation at polling places on Election Day to accommodate more voters.

Solutions to Voter Security Challenges:

  • Voter ID Laws: Requiring voters to present an approved form of identification at the polls.
  • Election Audits: Conducting regular and thorough audits of election results to ensure they are accurate and transparent.
  • Poll Monitoring: Allowing independent observers to monitor the voting process to minimize fraud and ensure the integrity of elections.
  • Cybersecurity Measures: Implementing robust cybersecurity protections to prevent foreign interference and secure election infrastructure.
  • Voter Education: Informing voters about their rights and responsibilities, including how to report any suspected voter fraud.

Solutions to Voter Suppression Challenges:

  • Enforcement of the Voting Rights Act: Strengthened enforcement of the Voting Rights Act of 1965 to prevent discrimination in voting practices.
  • Campaign Finance Reform: Limiting the influence of money in politics and reducing the impact of partisan polarization.
  • Fair Redistricting Practices: Implementing independent redistricting commissions to draw fair and competitive legislative districts that do not dilute the voting power of minority groups.
  • Restoration of Voting Rights: Expanding voting rights to formerly incarcerated individuals and reducing barriers to voting for people with felony convictions.
  • Community Outreach and Engagement: Building trust in minority communities and engaging them in the political process to combat voter suppression efforts.

Source: Google Search + Gemini + onAir curation

Websites

Electoral Assistance Commission (EAC)

  • https://www.eac.gov/

Federal Election Commission (FEC)

  • https://www.fec.gov/

National Association of Secretaries of State (NASS)

  • https://www.nass.org/

Brennan Center for Justice

  • https://www.brennancenter.org/issues/ensure-every-american-can-vote
  • https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup

Campaign Legal Center

  • https://www.campaignlegal.org/

ACLU

  • https://www.aclu.org/issues/voting-rights
  • https://www.aclu.org/issues/voting-rights/find-your-voting-rights-information

NAACP Legal Defense and Educational Fund

  • https://www.naacpldf.org/

Common Cause

  • https://www.commoncause.org/
  • https://www.commoncause.org/find-your-voting-information/

League of Women Voters

  • https://www.lwv.org/
  • https://www.vote411.org/

Rock the Vote

  • https://www.rockthevote.org/

HeadCount

  • https://www.headcount.org/

Source:

Legislation

Voter ID Requirements

Source: usa.gov

Two-thirds of states expect you to provide identification to let you vote at the polls.

Find Out if You Need to Bring an ID to Vote

Your state’s laws determine whether you will need to show an ID and if so, what kind.

First Time Voters

First time voters who didn’t register in person or show ID before must show identification. This is according to federal law.

Photo ID versus Non-Photo ID

About half of the states with voter ID laws accept only photo IDs. These include

  • driver’s licenses
  • state-issued ID cards
  • military ID cards
  • passports

Many of these states now offer a free voter photo ID card if you don’t have another form of valid photo ID.

Other states accept some types of non-photo ID. These may include

  • birth certificates
  • Social Security cards
  • bank statements
  • utility bills

Each state is specific about the documents it will accept as proof of identification. Be sure you know your state’s voter ID requirements before Election Day.

Procedures for Voting Without ID

Even if you don’t have a form of ID that your state asks for, you may be able to vote. Some states require you take extra measures after you vote to make sure that your vote counts.

Some states may ask you to sign a form affirming your identity. Other states will let you cast a provisional ballot. States use provisional ballots when there is a question about a voter’s eligibility. States keep provisional ballots separate until they decide whether they should count. To do so, they will investigate a voter’s eligibility. They may also compel you to show an acceptable form of ID within a few days. If you don’t, your provisional ballot won’t count.

Name or Address Mismatch

Even with the right ID, you may have to cast a provisional ballot. This can happen if the name or address on your ID doesn’t match the name or address on your voter registration. For instance:

  • You get married, change your last name, and update your voter registration. But your driver’s license, which you present as ID, still has your unmarried name on it.
  • You move and for your voter ID, you present a current utility bill. Unfortunately, you’ve forgotten to update your address on your voter registration beforehand.

Some states require that you notify your local registration office of any name change.

Avoid problems. Always update your voter registration when you move or change your name.

Voting Rights Laws and Constitutional Amendments

Voter Fraud, Voter Suppression, and Other Election Crimes

What are federal election crimes?

Federal election crimes fall into three broad categories:

Many states have strengthened their voter ID requirements to try to stop voter fraud.

Is it illegal for someone to ask me who I voted for? Is it illegal for me to tell?

You have the right to cast your vote in private. It’s up to you whether you want to share your choices with others.

There’s no law preventing someone from asking you who you voted for.

How do I report voter fraud or voter suppression?

If you suspect voter fraud, report it to your state or territorial election office. You can also report it to:

If you witness or suspect voter intimidation or suppression, there are three ways you can report it:

Voter Accessibility Laws

Voter accessibility laws ensure that people with disabilities or language barriers are able to vote.

If you know you’ll need accommodations on Election Day, contact your state or local election office to find out what to expect at your polling place.

Laws and Accommodations That Help Voters With Disabilities

Several federal laws protect the voting rights of Americans with disabilities. These include the Americans with Disabilities Act (ADA) and the Help America Vote Act (HAVA).

Voters with disabilities have the right to:

  • Vote in private, without help
  • Have an accessible polling place with voting machines for voters with disabilities

Polling places must have:

  • Wheelchair-accessible voting booths
  • Entrances and doorways at least 32 inches wide
  • Handrails on all stairs
  • Voting equipment for people who are blind or visually impaired

If you have a disability, you may:

  • Seek help from poll workers trained to use an accessible voting machine, or
  • Bring someone to help you vote

You can also ask your election office what other options you have.

  • Some states offer “curbside voting,” when a poll worker brings everything you need to vote to your car.
  • Local organizations may provide transportation to the polls.
  • Many states let people with disabilities vote by mail.

Accommodations That Help Voters Who Need Language Assistance

The Election Assistance Commission (EAC) helps people overcome language barriers to voting.

Federal law also lets you bring someone to help you if you can’t read or write.

Federal Campaign Finance Laws

Federal law puts limits on campaign contributions to candidates for president and Congress. It requires the candidates to report all the money their campaigns receive and spend.

How Much Can You Contribute to a Candidate for Federal Office?

Most individuals can donate up to $2,900 per election, per candidate during the 2021-2022 elections. That means you can donate up to $2,900 each to:

  • One or more candidates in a federal primary election
  • One or more candidates in a federal general election

Learn which organizations and individuals are not allowed to donate to federal candidates.

The Federal Election Campaign Act requires candidates to report:

  • Where the money they raise comes from, and the amounts
  • Where the money they spend goes, and the amounts

The law applies to candidates for president as well as for the U.S. Senate and the U.S. House of Representatives.

The Federal Election Commission’s Role in Campaign Finance Law

The Federal Election Commission (FEC) oversees enforcement of the Federal Election Campaign Act. The FEC:

  • Sets campaign contribution limits for individuals and groups

Bills Introduced 2023-2024

Source: Congress.Gov

Sampling of Bills

H.R.14 — Voting Rights Advancement Act of 2023
Sponsor: Sewell, Terri A. [Rep.-D-AL-7] (Introduced 09/19/2023)
Cosponsors: (215)
Committees: House – Judiciary
Latest Action: House – 09/19/2023 Referred to the House Committee on the Judiciary. (All Actions)

H.R.1439 — Vote at Home Act of 2023
Sponsor: Blumenauer, Earl [Rep.-D-OR-3] (Introduced 03/08/2023)
Cosponsors: (22)
Committees: House – House Administration; Oversight and Accountability
Latest Action: House – 03/08/2023 Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the… (All Actions)

H.R.5322 — Time Off to Vote Act
Sponsor: Cartwright, Matt [Rep.-D-PA-8] (Introduced 09/01/2023)
Cosponsors: (69)
Committees: House – Education and the Workforce
Latest Action: House – 09/01/2023 Referred to the House Committee on Education and the Workforce. (All Actions)

 H.R.11 — Freedom to Vote Act
Sponsor: Sarbanes, John P. [Rep.-D-MD-3] (Introduced 07/18/2023)
Cosponsors: (214)
Committees: House – House Administration; Judiciary; Science, Space, and Technology; Oversight and Accountability; Financial Services; Ways and Means; Natural Resources; Homeland Security
Latest Action: House – 07/18/2023 Referred to the Subcommittee on Cybersecurity and Infrastructure Protection. (All Actions)

15. H.R.149 — Protecting Our Democracy by Preventing Foreign Citizens from Voting Act
Sponsor: Duncan, Jeff [Rep.-R-SC-3] (Introduced 01/09/2023)
Cosponsors: (42)
Committees: House – Oversight and Accountability
Latest Action: House – 01/09/2023 Referred to the House Committee on Oversight and Accountability. (All Actions)

 

Committees, Agencies, & Programs

Committees

Source: Google Search + Gemini + onAir curation

House of Representatives

  • Committee on House Administration: Oversees federal elections and campaign finance, including voting rights.
  • Judiciary Committee: Reviews and analyzes legislation related to voting rights and civil rights.

Senate

  • Committee on Rules and Administration: Oversees federal elections and campaign finance, including voting rights.
  • Judiciary Committee: Reviews and analyzes legislation related to voting rights and civil rights.

Other Notable Committees

  • House Committee on Oversight and Reform: Investigates allegations of voting rights violations.
  • Senate Committee on Homeland Security and Governmental Affairs: Oversees election security and voting infrastructure.
  • Joint Select Committee on Voting Rights: A special committee dedicated to addressing voting rights issues (currently not active).

Bipartisan Commissions

  • National Commission on Electoral Reform: A bipartisan commission established in 2016 to make recommendations on improving voting systems and increasing voter participation.
  • Presidential Commission on Election Administration: A bipartisan commission established in 2005 to study and make recommendations on improving election administration.

Agencies

Source: Google Search + Gemini + onAir curation

Federal Agencies:

  • Federal Election Commission (FEC): Independent agency that enforces campaign finance laws and investigates allegations of voter suppression.
  • U.S. Department of Justice (DOJ): Enforces voting rights laws and investigates violations of the Voting Rights Act.
  • U.S. Election Assistance Commission (EAC): Provides funding, guidance, and assistance to states and localities for election administration.

Non-Federal Agencies:

  • National Association of Secretaries of State (NASS): Professional organization representing state election officials.
  • Brennan Center for Justice: Nonpartisan law and policy institute that works to promote fair and accessible voting.
  • Election Protection: Nonpartisan voter protection coalition that provides information and assistance to voters.
  • ACLU Voting Rights Project: Legal organization that defends the voting rights of marginalized communities.
  • NAACP Legal Defense and Educational Fund (LDF): Civil rights organization that provides legal representation and advocacy for voting rights.

Other Key Players:

  • State and local election officials: Responsible for administering elections and ensuring voter access.
  • Nonprofit organizations: Provide voter education, registration, and assistance to marginalized communities.
  • Media: Monitors election administration and reports on voting challenges.
  • Courts: Adjudicate legal disputes related to voting rights and election administration.

More Information

Judiciary 

Source: Bard AI + onAir curation

Judiciary and Partisan Polarization: A Complex Relationship

The judiciary, often envisioned as a neutral arbiter of the law, has increasingly become entangled in the web of partisan polarization. This intersection has far-reaching implications for the democratic process, public trust, and the rule of law.

Key Factors Contributing to Polarization:

  1. Partisan Appointments: The appointment of judges by presidents and the confirmation process by the Senate have become highly politicized. This often leads to the selection of individuals who align ideologically with the appointing party.
  2. Gerrymandering: The manipulation of electoral districts to favor a specific party can result in legislatures with lopsided partisan representation. This can influence the types of laws passed, which, in turn, shape the cases that reach the courts.
  3. Public Opinion: The increasing influence of public opinion on judicial decision-making can be a double-edged sword. While it can help ensure that courts are responsive to societal values, it can also lead to judges feeling pressure to rule in ways that align with prevailing partisan sentiments.
  4. Media Polarization: The rise of partisan media outlets can contribute to a polarized public discourse, which can in turn influence the way people perceive and interpret judicial decisions.

Consequences of Polarization:

  1. Eroded Public Trust: Partisan polarization can erode public trust in the judiciary, as people may perceive judges as being biased or beholden to political interests.
  2. Legitimacy Challenges: When judicial decisions are seen as politically motivated, they can face legitimacy challenges, potentially undermining the rule of law.
  3. Policy Gridlock: Partisan polarization in the judiciary can contribute to policy gridlock, as courts may strike down laws that are seen as partisan or unconstitutional.

Potential Solutions:

  1. Reform the Appointment Process: Consider alternative appointment methods that are less partisan, such as merit-based selection or commissions.
  2. Address Gerrymandering: Implement reforms to prevent gerrymandering and ensure fair representation in legislatures.
  3. Promote Judicial Education: Educate judges about the importance of neutrality and the potential biases that can influence their decision-making.
  4. Foster Public Understanding: Increase public understanding of the judiciary’s role and the factors that influence judicial decisions.

In conclusion, the relationship between the judiciary and partisan polarization is a complex one with significant implications for the democratic process. By understanding the factors contributing to this polarization and exploring potential solutions, we can work to strengthen the judiciary’s role as a neutral arbiter of the law and maintain public trust in our democratic institutions.

Nonpartisan Organizations

Source: Google Search + Gemini + onAir curation

  • Brennan Center for Justice: Focuses on voting rights, election administration, and campaign finance reform.
  • Common Cause: Advocates for transparency, accountability, and democratic reforms, including voting rights.
  • League of Women Voters: Nonpartisan organization dedicated to informing voters and improving election administration.
  • National Association for the Advancement of Colored People (NAACP): Addresses racial disparities in voting rights and fights for voter suppression.
  • National Council of La Raza (NCLR): Advocates for Latino civil rights and promotes civic participation, including voting.
  • National Election Defense Coalition (NEDC): Monitors election systems and provides support to local election officials.
  • National Voting Rights Institute (NVRI): Provides legal assistance and advocacy for voting rights litigation.
  • People For the American Way: Promotes democratic values, including voting rights and fair elections.
  • Rock the Vote: Engages young people in the electoral process and helps them overcome barriers to voting.
  • U.S. Vote Foundation: Supports voter registration, education, and access to the ballot.
  • Voting Rights Alliance: Coalition of organizations working to protect and expand voting rights.
  • Verified Voting: Nonpartisan organization focused on election technology and security.

Partisan Organizations

Source: Google Search + Gemini + onAir curation

Democratic-Aligned Organizations:

  • New Georgia Project: Voter registration and mobilization organization founded by Stacey Abrams, focusing on increasing voter turnout in historically marginalized communities.
  • NAACP Legal Defense and Educational Fund: Civil rights organization dedicated to fighting racial discrimination, including voter suppression.
  • ACLU Voting Rights Project: Legal arm of the ACLU focused on defending and expanding voting rights.
  • Common Cause: Nonpartisan organization working for open, honest, and accountable government, including promoting voting rights.

Republican-Aligned Organizations:

  • Public Interest Legal Foundation (PILF): Conservative legal organization that often challenges voting reforms and policies it views as promoting voter fraud.
  • Honest Elections Project: Conservative organization founded by former Trump administration officials, dedicated to investigating alleged voter fraud.
  • Judicial Watch: Conservative legal group that has sued over various voting-related issues, including voter registration drives.
  • True the Vote: Conservative organization that monitors elections for potential voter fraud and seeks to implement voter ID laws and other restrictive measures.
  • Conservative Partnership Institute (CPI): Conservative think tank that engages in research and advocacy on voting issues, often arguing against expanded access to voting.

“Elections_in_the_United_States'” (Wiki)

Elections in the United States are held for government officials at the federal, state, and local levels. At the federal level, the nation’s head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.

The country’s election system is highly decentralized.[1] While the U.S. Constitution does set parameters for the election of federal officials, state law, not federal, regulates most aspects of elections in the U.S., including primary elections, the eligibility of voters (beyond the basic constitutional definition), the method of choosing presidential electors, as well as the running of state and local elections. All elections—federal, state, and local—are administered by the individual states,[2] with many aspects of the system’s operations delegated to the county or local level.[1]

Under federal law, the general elections of the president and Congress occur on Election Day, the Tuesday after the first Monday of November. These federal general elections are held in even-numbered years, with presidential elections occurring every four years, and congressional elections occurring every two years. The general elections that are held two years after the presidential ones are referred to as the midterm elections. General elections for state and local offices are held at the discretion of the individual state and local governments, with many of these races coinciding with either presidential or midterm elections as a matter of convenience and cost saving, while other state and local races may occur during odd-numbered “off years“. The date when primary elections for federal, state, and local races occur are also at the discretion of the individual state and local governments; presidential primaries in particular have historically been staggered between the states, beginning sometime in January or February, and ending about mid-June before the November general election.

The restriction and extension of voting rights to different groups has been a contested process throughout United States history. The federal government has also been involved in attempts to increase voter turnout, by measures such as the National Voter Registration Act of 1993. The financing of elections has also long been controversial, because private sources make up substantial amounts of campaign contributions, especially in federal elections. Voluntary public funding for candidates willing to accept spending limits was introduced in 1974 for presidential primaries and elections. The Federal Election Commission, created in 1975 by an amendment to the Federal Election Campaign Act, has the responsibility to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of U.S. presidential elections.

Voting in the United States is currently voluntary only at the federal, state and local levels.[3] Efforts to make voting mandatory have been proposed.[4]

Voting

Voting methods

Voting systems used in each state:

  Nonpartisan blanket primary and top two runoff general
  Nonpartisan blanket primary and top four instant-runoff general

A number of voting methods are used within the various jurisdictions in the United States, the most common of which is the first-past-the-post system, where the highest-polling candidate wins the election.[5] Under this system, a candidate who achieves a plurality (that is, the most) of vote wins. The State of Georgia uses a two-round system, where if no candidate receives a majority of votes, then there is a runoff between the two highest polling candidates.[citation needed]

Since 2002, several cities have adopted instant-runoff voting. Voters rank the candidates in order of preference rather than voting for a single candidate. Under this system, if no candidate achieves more than half of votes cast, then the lowest polling candidate is eliminated, and their votes are distributed to the next preferred candidates. This process continues until one candidate achieves more than half the votes.[citation needed] In 2016, Maine became the first state to adopt instant-runoff voting (known in the state as ranked-choice voting) statewide for its elections, although due to state constitutional provisions, the system is only used for federal elections and state primaries.

Eligibility

The eligibility of an individual for voting is set out in the constitution and also regulated at state level. The constitution states that suffrage cannot be denied on grounds of race or color, sex, or age for citizens eighteen years or older. Beyond these basic qualifications, it is the responsibility of state legislatures to regulate voter eligibility. Some states ban convicted criminals, especially felons, from voting for a fixed period of time or indefinitely.[6] The number of American adults who are currently or permanently ineligible to vote due to felony convictions is estimated to be 5.3 million.[7] Some states also have legacy constitutional statements barring those legally declared incompetent from voting; such references are generally considered obsolete and are being considered for review or removal where they appear.[8]

About 4.3 million American citizens that reside in Washington, D.C., Puerto Rico and other U.S. territories do not have the same level of federal representation as those that reside in the 50 U.S. states. These areas only have non-voting members in the U.S. House of Representatives and no representation in the U.S. Senate. Citizens in the U.S. territories are also not represented in the Electoral College and therefore cannot vote for the president.[9] Those in Washington, D.C. are permitted to vote for the president because of the Twenty-third Amendment.

Voter registration

While the federal government has jurisdiction over federal elections, most election laws are decided at the state level. All U.S. states except North Dakota require that citizens who wish to vote be registered. In many states, voter registration takes place at the county or municipal level. Traditionally, voters had to register directly at state or local offices to vote, but in the mid-1990s, efforts were made by the federal government to make registering easier, in an attempt to increase turnout. The National Voter Registration Act of 1993 (the “Motor Voter” law) required state governments that receive certain types of federal funding to make the voter registration process easier by providing uniform registration services through drivers’ license registration centers, disability centers, schools, libraries, and mail-in registration. Other states allow citizens same-day registration on Election Day.

An estimated 50 million Americans are unregistered. It has been reported that registering to vote poses greater obstacles for low-income citizens, racial minorities and linguistic minorities, Native Americans, and persons with disabilities. International election observers have called on authorities in the U.S. to implement measures to remediate the high number of unregistered citizens.[10]

In many states, citizens registering to vote may declare an affiliation with a political party.[11] This declaration of affiliation does not cost money, and does not make the citizen a dues-paying member of a party. A party cannot prevent a voter from declaring his or her affiliation with them, but it can refuse requests for full membership. In some states, only voters affiliated with a party may vote in that party’s primary elections (see below). Declaring a party affiliation is never required. Some states, including Georgia, Michigan, Minnesota, Virginia, Wisconsin, and Washington, practice non-partisan registration.[12]

Noncitizen voting

Federal law prohibits noncitizens from voting in federal elections.[13]

As of 2024, 7 state constitutions specifically state that “only” a citizen can vote in elections at any level in that state: Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio.[14]

Voter ID laws

Voter ID laws by state, as of April 2022:
  Photo ID required (strict)
  Photo ID requested (non-strict)
  Non-photo ID required (strict)
  Non-photo ID requested (non-strict)
  No ID required to vote

Voter ID laws in the United States are laws that require a person to provide some form of official identification before they are permitted to register to vote, receive a ballot for an election, or to actually vote in elections in the United States.

Proponents of voter ID laws argue that they reduce electoral fraud while placing only little burden on voters. Critics worry the costs to voters without IDs will outweigh unclear benefits it would have on real or perceived fraud.[15]

Absentee and mail voting

Sorting vote by mail envelopes, San Jose, Santa Clara County, California, 2018

Voters unable or unwilling to vote at polling stations on Election Day may vote via absentee ballots, depending on state law. Originally these ballots were for people who could not go to the polling place on election day. Now some states let them be used for convenience, but state laws still call them absentee ballots.[16] Absentee ballots can be sent and returned by mail, or requested and submitted in person, or dropped off in locked boxes. About half the states and territories allow “no excuse absentee,” where no reason is required to request an absentee ballot; others require a valid reason, such as infirmity or travel.[16] Some states let voters with permanent disabilities apply for permanent absentee voter status, and some other states let all citizens apply for permanent status, so they will automatically receive an absentee ballot for each election.[17] Otherwise a voter must request an absentee ballot before the election occurs.

In Colorado, Hawaii, Oregon, Utah and Washington state, all ballots are delivered through the mail; in many other states there are counties or certain small elections where everyone votes by mail.[16][18]

As of July 2020, 26 states allow designated agents to collect and submit ballots on behalf of another voter, whose identities are specified on a signed application. Usually such agents are family members or persons from the same residence. 13 states neither enable nor prohibit ballot collection as a matter of law. Among those that allow it, 12 have limits on how many ballots an agent may collect.

Americans living outside the United States, including active duty members of the armed forces stationed outside of their state of residency, may register and vote under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Almost half the states require these ballots to be returned by mail. Other states allow mail along with some combination of fax, or email; four states allow a web portal.[19]

A significant measure to prevent some types of fraud has been to require the voter’s signature on the outer envelope, which is compared to one or more signatures on file before taking the ballot out of the envelope and counting it.[20]
Not all states have standards for signature review.[21] There have been concerns that signatures are improperly rejected from young and minority voters at higher rates than others, with no or limited ability of voters to appeal the rejection.[22][23] For other types of errors, experts estimate that while there is more fraud with absentee ballots than in-person voting, it has affected only a few local elections.[24][25]

Following the 2020 United States presidential election, amidst disputes of its outcome, as a rationale behind litigation demanding a halt to official vote counting in some areas, allegations were made that vote counting is offshored. Former Trump Administration official Chris Krebs, head of the Cybersecurity and Infrastructure Security Agency (CISA) during the election, said in a December 2020 interview that, “All votes in the United States of America are counted in the United States of America.”[26]

One documented trend is that in-person votes and early votes are more likely to lean to the Republican Party, while the provisional ballots, which are counted later, trend to the Democratic Party. This phenomenon is known as blue shift, and has led to situations where Republicans were winning on election night only to be overtaken by Democrats after all votes were counted.[27] Foley[clarification needed] did not find that mail-in or absentee votes favored either party.[28]

Early voting

Early voting is a formal process where voters can cast their ballots prior to the official Election Day. Early voting in person is allowed in 47 states and in Washington, D.C., with no excuse required.[29] Only Alabama, New Hampshire and Oregon do not allow early voting, while some counties in Idaho do not allow it.[29]

Voting equipment

Prevalence of voting technology in the US in 1980 and 2008[30]
Voting technology1980 prevalence2008 prevalence
Hand-counted paper ballot10%< 1%
Lever machine40%6%
Punch card~33%Negligible
Optical scan2%60%
DRE< 1%~33–38%

The earliest voting in the US was through paper ballots that were hand-counted. By the late 1800s, paper ballots printed by election officials were nearly universal. By 1980, 10% of American voters used paper ballots that were counted by hand, which dropped below 1% by 2008.[30]

Mechanical voting machines were first used in the US in the 1892 elections in Lockport, New York. The state of Massachusetts was one of the first states to adopt lever voting machines, doing so in 1899, but the state’s Supreme Judicial Court ruled their usage unconstitutional in 1907. Lever machines grew in popularity despite controversies, with about two-thirds of votes for president in the 1964 United States presidential election cast with lever machines. Lever machine use declined to about 40% of votes in 1980, then 6% in 2008. Punch card voting equipment was developed in the 1960s, with about one-third of votes cast with punch cards in 1980. New York was the last state to phase out lever voting in response to the 2000 Help America Vote Act (HAVA), which allocated funds for the replacement of lever machine and punch card voting equipment. New York replaced its lever voting with optical scanning in 2010.[30]

In the 1960s, technology was developed that enabled paper ballots filled with pencil or ink to be optically scanned rather than hand-counted. In 1980, about 2% of votes used optical scanning; this increased to 30% by 2000 and 60% by 2008. In the 1970s, the final major voting technology for the US was developed, the DRE voting machine. In 1980, less than 1% of ballots were cast with DRE. Prevalence grew to 10% in 2000, then peaked at 38% in 2006. Because DREs are fully digital, with no paper trail of votes, backlash against them caused prevalence to drop to 33% in 2010.[30]

The voting equipment used by a given US county is related to the county’s historical wealth. A county’s use of punch cards in the year 2000 was positively correlated with the county’s wealth in 1969, when punch card machines were at their peak of popularity. Counties with higher wealth in 1989 were less likely to still use punch cards in 2000. This supports the idea that punch cards were used in counties that were well-off in the 1960s, but whose wealth declined in the proceeding decades. Counties that maintained their wealth from the 1960s onwards could afford to replace punch card machines as they fell out of favor.[30]

Levels of election

Federal elections

Voters cast ballots for the 2020 elections at Roosevelt High School in Des Moines, Iowa.

The United States has a presidential system of government, which means that the executive and legislature are elected separately. Article II of the United States Constitution requires that the election of the U.S. president by the Electoral College must occur on a single day throughout the country; Article I established that elections for Congressional offices, however, can be held at different times. Congressional and presidential elections take place simultaneously every four years, and the intervening Congressional elections, which take place every two years, are called midterm elections.

The constitution states that members of the United States House of Representatives must be at least 25 years old, a citizen of the United States for at least seven years, and be a (legal) inhabitant of the state they represent. Senators must be at least 30 years old, a citizen of the United States for at least nine years, and be a (legal) inhabitant of the state they represent.[31] The president and vice president must be at least 35 years old, a natural born citizen of the United States, and a resident in the United States for at least fourteen years.[32] It is the responsibility of state legislatures to regulate the qualifications for a candidate appearing on a ballot paper,[33] although in order to get onto the ballot, a candidate must often collect a legally defined number of signatures or meet other state-specific requirements.[34]

Presidential elections

The president and the vice president are elected together in a presidential election.[35] It is an indirect election, with the winner being determined by votes cast by electors of the Electoral College. In modern times, voters in each state select a slate of electors from a list of several slates designated by different parties or candidates, and the electors typically promise in advance to vote for the candidates of their party (whose names of the presidential candidates usually appear on the ballot rather than those of the individual electors). The winner of the election is the candidate with at least 270 Electoral College votes.[36] It is possible for a candidate to win the electoral vote, and lose the (nationwide) popular vote (receive fewer votes nationwide than the second ranked candidate). This has occurred five times in US history: in 1824, 1876, 1888, 2000, and 2016.[37] Prior to ratification of the Twelfth Amendment to the United States Constitution (1804), the runner-up in a presidential election[38] became the vice president.

Electoral College votes are cast by individual states by a group of electors; each elector casts one electoral college vote. Until the Twenty-third Amendment to the United States Constitution of 1961, citizens from the District of Columbia did not have representation in the electoral college. In modern times, with electors usually committed to vote for a party candidate in advance, electors that vote against the popular vote in their state are called faithless electors, and occurrences are rare. State law regulates how states cast their electoral college votes. In all states except Maine and Nebraska, the candidate that wins the most votes in the state receives all its electoral college votes (a “winner takes all” system).[39] From 1972 in Maine, and from 1996 in Nebraska, two electoral votes are awarded based on the winner of the statewide election, and the rest (two in Maine and three in Nebraska) go to the highest vote-winner in each of the state’s congressional districts.[40]

Congressional elections

Congress has two chambers: the Senate and the House of Representatives.

Senate elections

The Senate has 100 members, elected for a six-year term in dual-seat constituencies (2 from each state), with one-third being renewed every two years.[31] The group of the Senate seats that is up for election during a given year is known as a “class“; the three classes are staggered so that only one of the three groups is renewed every two years. Until the Seventeenth Amendment to the United States Constitution in 1913, states chose how to elect Senators, and they were often elected by state legislatures, not the electorate of states.

House of Representatives elections
A chart of party balance in the House from 1789 to 2004

The House of Representatives has 435 members, elected for a two-year term in single-seat constituencies. House of Representatives elections are held every two years on the first Tuesday after November 1 in even years. Special House elections can occur between if a member dies or resigns during a term. House elections are first-past-the-post elections that elect a Representative from each of 435 House districts that cover the United States. The non-voting delegates of Washington, D.C., and the territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands are also elected.

House elections occur every two years, correlated with presidential elections or halfway through a president’s term. The House delegate of Puerto Rico, officially known as the resident commissioner of Puerto Rico, is elected to a four-year term, coinciding with those of the President.[31]

As the redistricting commissions of states are often partisan, districts are often drawn which benefit incumbents. An increasing trend has been for incumbents to have an overwhelming advantage in House elections, and since the 1994 election, an unusually low number of seats has changed hands in each election.[citation needed] Due to gerrymandering, fewer than 10% of all House seats are contested in each election cycle. Over 90% of House members are reelected every two years, due to lack of electoral competition. Gerrymandering of the House, combined with the general deficiencies of the first-past-the-post voting system, and divisions inherent in the design of the Senate and of the Electoral College, result in a discrepancy between the percentage of popular support for various political parties and the actual level of the parties’ representation. In particular, gerrymandering has been found to benefit the Republican Party more than it does the Democratic Party.[41]

State elections

State law and state constitutions, controlled by state legislatures regulate elections at state level and local level. Various officials at state level are elected. Since the separation of powers applies to states as well as the federal government, state legislatures and the executive (the governor) are elected separately. Governors and lieutenant governors are elected in all states, in some states on a joint ticket and in some states separately, some separately in different electoral cycles. The governors of the territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands are also elected. In some states, executive positions such as Attorney General and Secretary of State are also elected offices. All members of state legislatures and territorial jurisdiction legislatures are elected. In some states, members of the state supreme court and other members of the state judiciary are elected. Proposals to amend the state constitution are also placed on the ballot in some states.

As a matter of convenience and cost saving, elections for many of these state and local offices are held at the same time as either the federal presidential or midterm elections. There are a handful of states, however, that instead hold their elections during odd-numbered “off years.”

Local elections

At the local level, county and city government positions are usually filled by election, especially within the legislative branch. The extent to which offices in the executive or judicial branches are elected vary from county-to-county or city-to-city. Some examples of local elected positions include sheriffs at the county level and mayors and school board members at the city level. Like state elections, an election for a specific local office may be held at the same time as either the presidential, midterm, or off-year elections.

Tribal elections

Many Native American tribal governmental positions, including executive and legislative positions, are typically filled by election. In some cases, tribal citizens elect council members who elect from among their body a chief executive. The number of positions and titles used vary from one tribal government to another, but common titles for the tribal government’s chief executive terms include president, governor, principal chief, chair, and chief. These elections may be held in conjunction with federal, state, or local elections, but are often held independently under the authority of the tribe’s office of elections.

Comparison of recent and upcoming election years

Basic rotation of U.S. general elections (fixed terms only[1])
Year20242025202620272028
TypePresidentialOff-yearMidtermOff-yearPresidential
PresidentYesNoYes
SenateClass I (33 seats)NoClass II (33 seats)NoClass III (34 seats)
HouseAll 435 seats[3]NoAll 435 seats[2]NoAll 435 seats[3]
Gubernatorial11 states, 2 territories
DE, IN, MO, MT, NH, NC, ND, UT, VT, WA, WV, AS, PR
2 states
NJ, VA
36 states, DC, & 3 territories[4]
AL, AK, AZ, AR, CA, CO, CT, FL, GA, HI, ID, IL, IA, KS, ME, MD, MA, MI, MN, NE, NV, NH, NM, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, VT, WI, WY, DC (Mayor), GU, MP, VI
3 states
KY, LA, MS
11 states, 2 territories
DE, IN, MO, MT, NH, NC, ND, UT, VT, WA, WV, AS, PR
Lieutenant gubernatorial[5]5 states, 1 territory
DE, MO, NC, VT, WA, AS
1 state
VA
10 states[6]
AL, AR, CA, GA, ID, NV, OK, RI, TX, VT
2 states
LA, MS
5 states, 1 territory
DE, MO, NC, VT, WA, AS
Secretary of state7 states
MO, MT, NC, OR, VT, WA, WV
None26 states
AL, AZ, AR, CA, CO, CT, GA, ID, IL, IN, IA, KS, MA, MI, MN, NE, NV, NM, ND, OH, RI, SC, TX, VT, WI, WY
3 states
KY, LA, MS
7 states
MO, MT, NC, OR, VT, WA, WV
Attorney general10 states
IN, MO, MT, NC, OR, PA, UT, VT, WA, WV
1 state
VA
30 states, DC, & 2 territories
AL, AZ, AR, CA, CO, CT, DE, FL, GA, ID, IL, IA, KS, MD, MA, MI, MN, NE, NV, NM, NY, ND, OH, OK, RI, SC, SD, TX, VT, WI, DC, GU, MP
3 states
KY, LA, MS
10 states
IN, MO, MT, NC, OR, PA, UT, VT, WA, WV
State treasurer[7]9 states
MO, NC, ND, OR, PA, UT, VT, WA, WV
None23 states
AL, AZ, AR, CA, CO, CT, FL (CFO), ID, IL, IN, IA, KS, MA, NE, NV, NM, OH, OK, RI, SC, VT, WI, WY
2 states
KY, MS
9 states
MO, NC, ND, OR, PA, UT, VT, WA, WV
State comptroller/controllerNoneNone7 states
CA, CT, IL, MD, NV, NY, SC
NoneNone
State auditor9 states
MT, NC, ND, PA, UT, VT, WA, WV, GU
None15 states
AL, AR, DE, IN, IA, MA, MN, MO, NE, NM, OH, OK, SD, VT, WY
1 state
KY
9 states
MT, NC, ND, PA, UT, VT, WA, WV, GU
Superintendent of public instruction4 states
MT, NC, ND, WA
1 state
WI
8 states
AZ, CA, GA, ID, OK,
SC, SD (incl. Land), WY
None4 states
MT, NC, ND, WA
Agriculture commissioner2 states
NC, WV
None6 states
AL, FL, GA, IA, ND, SC
2 states
KY, MS
2 states
NC, WV
Insurance commissioner3 states
NC, ND, WA,
None5 states
DE, CA GA, KS, OK,
2 states
LA, MS
3 states
NC, ND, WA,
Other commissioners & elected officials1 state
NC (Labor)
None8 states
AZ (Mine Inspector), AR (Land), GA (Land), NM (Land), ND (Tax), OK (Labor), OR (Labor), TX (Land)
None1 state
NC (Labor)
State legislatures[8]44 states, DC, & 5 territories
AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, ME, MA, MI, MN, MO, MN, NE, NV, NH, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, WA, WV, WI, WY, DC, AS, GU, MP, PR, VI
2 states
VA, NJ
46 states, DC, & 4 territories
AK, AL, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, ME, MA, MD, MI, MN, MO, MN, NE, NV, NH, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, WA, WV, WI, WY, DC, AS, GU, MP, VI
4 states
LA, MS, NJ, VA
44 states, DC, & 5 territories
AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, ME, MA, MI, MN, MO, MN, NE, NV, NH, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, WA, WV, WI, WY, DC, AS, GU, MP, PR, VI
State boards of education[9]8 states, DC, & 3 territories
AL, CO, KS, MI, NE, OH, TX, UT, DC, GU, MP, VI
None8 states, DC, & 3 territories
AL, CO, KS, MI, NE, OH, TX, UT, DC, GU, MP, VI
None8 states, DC, & 3 territories
AL, CO, KS, MI, NE, OH, TX, UT, DC, GU, MP, VI
Other state, local, and tribal officesVaries
1 This table does not include special elections, which may be held to fill political offices that have become vacant between the regularly scheduled elections.
2 As well as all six non-voting delegates of the U.S. House.
3 As well as five non-voting delegates of the U.S. House. The resident commissioner of Puerto Rico instead serves a four-year term that coincides with the presidential term.
4 The governors of New Hampshire and Vermont are each elected to two-year terms. The other 48 state governors and all five territorial governors serve four-year terms.
5 In 26 states and 3 territories the lieutenant governor is elected on the same ticket as the governor: AK, CO, CT, FL, HI, IL, IN, IA, KS, KY, MD, MA, MI, MN, MT, NE, NJ, NM, NY, ND, OH, PA, SC, SD, UT, WI, GU, MP, VI.
6 Like the governor, Vermont’s other officials are each elected to two-year terms. All other state officers for all other states listed serve four-year terms.
7 In some states, the comptroller or controller has the duties equivalent to a treasurer. There are some states with both positions, so both have been included separately.
8 This list does not differentiate chambers of each legislature. Forty-nine state legislatures are bicameral; Nebraska is unicameral. Additionally, Washington, DC, Guam, and the US Virgin Islands are unicameral; the other territories are bicameral. All legislatures have varying terms for their members. Many have two-year terms for the lower house and four-year terms for the upper house. Some have all two-year terms and some all four-year terms. Arkansas has a combination of both two- and four-year terms in the same chamber.
9 Most states not listed here have a board appointed by the governor and legislature. All boards listed here have members that serve four-year staggered terms, except Colorado, which has six-year terms, and Guam, which has two-year terms. Most are elected statewide, some are elected from districts. Louisiana, Ohio, Guam, and the Northern Mariana Islands have additional members who are appointed.

Features of the election system

Multiple levels of regulation

In the US, elections are actually conducted by local authorities, working under local, state, and federal law and regulation, as well as the US Constitution. It is a highly decentralized system.[1]

In around half of US states, the secretary of state is the official in charge of elections; in other states it is someone appointed for the job, or a commission.[1] It is this person or commission who is responsible for certifying, tabulating, and reporting votes for the state.[1]

Party systems

Americans vote for a specific candidate instead of directly selecting a particular political party. The United States Constitution has never formally addressed the issue of political parties. The Founding Fathers such as Alexander Hamilton and James Madison did not support domestic political factions at the time the Constitution was written.[42] In addition, the first president of the United States, George Washington, was not a member of any political party at the time of his election or throughout his tenure as president. Furthermore, he hoped that political parties would not be formed, fearing conflict and stagnation. Nevertheless, the beginnings of the American two-party system emerged from his immediate circle of advisers, with Hamilton and Madison ending up being the core leaders in this emerging party system. Due to Duverger’s law, the two-party system continued following the creation of political parties, as the first-past-the-post electoral system was kept.

Candidates decide to run under a party label, register to run, pay filing fees, etc. In the primary elections, the party organization stays neutral until one candidate has been elected. The platform of the party is written by the winning candidate (in presidential elections; in other elections no platform is involved). Candidates formally manage the campaign and fund raising organization independent of the party. The primary elections in the main parties are organized by the states, who also register the party affiliation of the voters (this also makes it easier to gerrymander the congressional districts). The party is thus little more than a campaign organization for the main elections.

However, elections in the United States often do become de facto national races between the political parties. In what is known as “presidential coattails“, candidates in presidential elections usually bring out supporters who then vote for his or her party’s candidates for other offices, usually resulting in the presidential winner’s party gaining seats in Congress. On the other hand, midterm elections are sometimes regarded as a referendum on the sitting president or incumbent party’s performance.[43][44]

Ballot access

Ballot access refers to the laws which regulate under what conditions access is granted for a candidate or political party to appear on voters’ ballots. Each state has its own ballot access laws to determine who may appear on ballots and who may not. According to Article I, Section 4, of the United States Constitution, the authority to regulate the time, place, and manner of federal elections is up to each State, unless Congress legislates otherwise. Depending on the office and the state, it may be possible for a voter to cast a write-in vote for a candidate whose name does not appear on the ballot, but it is extremely rare for such a candidate to win office.

Campaign finance

Political donations by major donors in the US 2020 elections

The funding of electoral campaigns has always been a controversial issue in American politics. Infringement of free speech (First Amendment) is an argument against restrictions on campaign contributions, while allegations of corruption arising from unlimited contributions and the need for political equality are arguments for the other side.[45] Private funds are a major source of finance, from individuals and organizations. The first attempt to regulate campaign finance by legislation was in 1867, but major legislation, with the intention to widely enforce, on campaign finance was not introduced until the 1970s.

Money contributed to campaigns can be classified into “hard money” and “soft money”. Hard money is money contributed directly to a campaign, by an individual or organization. Soft money is money from an individual or organization not contributed to a campaign, but spent in candidate specific advertising or other efforts that benefits that candidate by groups supporting the candidate, but legally not coordinated by the official campaign.

The Federal Election Campaign Act of 1971 required candidates to disclose sources of campaign contributions and campaign expenditure. It was amended in 1974 to legally limit campaign contributions. It banned direct contributing to campaigns by corporations and trade unions and limited individual donations to $1,000 per campaign. It introduced public funding for presidential primaries and elections. The Act also placed limits of $5,000 per campaign on PACs (political action committees). The limits on individual contributions and prohibition of direct corporate or labor union campaigns led to a huge increase in the number of PACs. Today many labor unions and corporations have their own PACs, and over 4,000 in total exist. The 1974 amendment also specified a Federal Election Commission, created in 1975 to administer and enforce campaign finance law. Various other provisions were also included, such as a ban on contributions or expenditures by foreign nationals (incorporated from the Foreign Agents Registration Act (FARA) (1966)).

The case of Buckley v. Valeo (1976) challenged the Act. Most provisions were upheld, but the court found that the mandatory spending limit imposed was unconstitutional, as was the limit placed on campaign spending from the candidate’s personal fortune and the provision that limited independent expenditures by individuals and organizations supporting but not officially linked to a campaign. The effect of the first decision was to allow candidates such as Ross Perot and Steve Forbes to spend enormous amounts of their own money in their own campaigns. The effect of the second decision was to allow the culture of “soft money” to develop.

A 1979 amendment to the Federal Election Campaign Act allowed political parties to spend without limit on get-out-the-vote and voter registration activities conducted primarily for a presidential candidate. Later, they were permitted by FECA to use “soft money”, unregulated, unlimited contributions to fund this effort. Increasingly, the money began to be spent on issue advertising, candidate specific advertising that was being funded mostly by soft money.

The Bipartisan Campaign Reform Act of 2002 banned local and national parties from spending “soft money” and banned national party committees from accepting or spending soft money. It increased the limit of contributions by individuals from $1,000 to $2,000. It banned corporations or labor unions from funding issue advertising directly, and banned the use of corporate or labor money for advertisements that mention a federal candidate within 60 days of a general election or 30 days of a primary. The constitutionality of the bill was challenged and in December 2003, the Supreme Court upheld most provisions of the legislation. (See McConnell v. FEC.)

A large number of “527 groups” were active for the first time in the 2004 election. These groups receive donations from individuals and groups and then spend the money on issue advocacy, such as the anti-Kerry ads by Swift Boat Veterans for Truth. This is a new form of soft money, and not surprisingly it is controversial. Many 527 groups have close links with the Democratic or Republican parties, even though legally they cannot coordinate their activities with them. John McCain, one of the senators behind the Bipartisan Campaign Reform Act, and President Bush have both declared a desire to ban 527s.

Changing campaign finance laws is a highly controversial issue. Some reformers wish to see laws changed in order to improve electoral competition and political equality. Opponents wish to see the system stay as it is, whereas other reformers wish even fewer restrictions on the freedom to spend and contribute money. The Supreme Court has made it increasingly difficult for those who wish to regulate election financing, but options like partial public funding of campaigns are still possible and offer the potential to address reformers’ concerns with minimal restrictions on the freedom to contribute.[46]

Primaries and caucuses

In partisan elections, candidates are chosen by primary elections (abbreviated to “primaries”) and caucuses in the states, the District of Columbia, Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands.

A primary election is an election in which registered voters in a jurisdiction (nominating primary) select a political party‘s candidate for a later election. There are various types of primary: either the whole electorate is eligible, and voters choose one party’s primary at the polling booth (an open primary); or only independent voters can choose a party’s primary at the polling booth (a semi-closed primary); or only registered members of the party are allowed to vote (closed primary). The blanket primary, when voters could vote for all parties’ primaries on the same ballot was struck down by the United States Supreme Court as violating the First Amendment guarantee of freedom of assembly in the case California Democratic Party v. Jones. Primaries are also used to select candidates at the state level, for example in gubernatorial elections.

Caucuses also nominate candidates by election, but they are very different from primaries. Caucuses are meetings that occur at precincts and involve discussion of each party’s platform and issues such as voter turnout in addition to voting. Eleven states: Iowa, New Mexico, North Dakota, Maine, Nevada, Hawaii, Minnesota, Kansas, Alaska, Wyoming, Colorado and the District of Columbia use caucuses, for one or more political parties.

The primary and caucus season in presidential elections lasts from the Iowa caucus in January to the last primaries in June. Front-loading – when larger numbers of contests take place in the opening weeks of the season—can have an effect on the nomination process, potentially reducing the number of realistic candidates, as fund-raisers and donors quickly abandon those they see as untenable. However, it is not the case that the successful candidate is always the candidate that does the best in the early primaries. There is also a period dubbed the “invisible primary” that takes place before the primary season, when candidates attempt to solicit media coverage and funding well before the real primary season begins.

A state’s presidential primary election or caucus usually is an indirect election: instead of voters directly selecting a particular person running for president, it determines how many delegates each party’s national political convention will receive from their respective state. These delegates then in turn select their party’s presidential nominee. Held in the summer, a political convention’s purpose is also to adopt a statement of the party’s principles and goals known as the platform and adopt the rules for the party’s activities.

The day on which primaries are held for congressional seats, and state and local offices may also vary between states. The only federally mandated day for elections is Election Day for the general elections of the president and Congress; all other elections are at the discretion of the individual state and local governments.

Election information on the web

In most states of the U.S., the chief election officer is the secretary of state. In some states, local officials like a county registrar of voters or supervisor of elections manages the conduct of elections under the supervision of (or in coordination with) the chief election officer of the state. Many of these state and county offices have web sites that provide information to help voters obtain information on their polling places for each election, the various districts to which they belong (e.g., House and Senate districts in the state and federal legislature, school boards, water districts, municipalities, etc.), as well as dates of elections and deadlines to file to run or register to vote. Some allow voters to download a sample ballot in advance of the election.

More systematic coverage is provided by websites devoted specifically to collecting election information and making it available to the public. Two of the better known such sites are Ballotpedia and Vote Smart. These are run by non-profit, non-partisan organizations. They have paid staffs and are much more tightly controlled than Wikipedia.

USElections.com[47] tries to provide similar information but relies on volunteers in a way that is more like Wikipedia than Ballotpedia and Vote Smart.

The website 270towin provides actual electoral college maps (both current and historic) but also the ability to use an interactive map in order to make election predictions. Ongoing election news is reported as well as data on Senate and House races.[48]

OpenSecrets provides election information focusing on campaign finance.

Criticisms and concerns

Voter suppression and subversion

Major election threats according to 2022 survey of Californians[49]

Voting laws and procedures between the states vary as a consequence of the decentralized system, including those pertaining to provisional ballots, postal voting, voter IDs, voter registration, voting machines and vote counting, felony disenfranchisement, and election recounts. Thus the voting rights or voter suppression in one state may be stricter or more lenient than another state.[50] Following the 2020 US presidential election, decentralized administration and inconsistent state voting laws and processes have shown themselves to be targets for voter subversion schemes enabled by appointing politically motivated actors to election administration roles with degrees of freedom to subvert the will of the people. One such scheme would allow these officials to appoint a slate of “alternate electors” to skew operations of the electoral college in favor of a minority party.[51]

Vote counting time

As detailed in a state-by-state breakdown,[52] the United States has a long-standing tradition of publicly announcing the incomplete, unofficial vote counts on election night (the late evening of election day), and declaring unofficial “projected winners”, despite that many of the mail-in and absentee votes have not been counted yet.[52] In some states, in fact, none of them have yet been counted by that time.[52] This tradition was based on the assumption that the incomplete, unofficial count on election night is probably going to match the official count, which is officially finished and certified several weeks later. An intrinsic weakness of this assumption, and of the tradition of premature announcements based on it, is that the public is likely to misapprehend that these particular “projected winning” candidates have certainly won before any official vote count has been completed, whereas in fact all that is truly known is that those candidates have some degree of likelihood of having won; the magnitude of the likelihood (all the way from very reliable to not reliable at all) varies by state because the details of election procedures vary by state.[52] This problem affects all non–in-person votes, even those cast weeks before election day—not just late-arriving ones.

Election security

Attempts by foreign countries to influence the outcome have occurred in some elections.[53][further explanation needed]

Allegations of voter impersonation, of which there are only 31 documented cases in the United States from the 2000–2014 period, have led to calls for Voter ID laws in the United States.[54] Notable instances of allegations of stolen elections and election fraud include the 1948 United States Senate election in Texas, in which 202 “patently fraudulent”[55]: 608  ballots gave future President Lyndon Johnson a seat in the US Senate and the 2018 North Carolina 9th congressional district election in which ballot tampering was admitted in witness testimony, including filling in blank votes to favor Republican candidates.[56] A poll from April 2023 found that one in five American adults still believed the 2020 election was stolen from Trump, representing little change from 2021.[57]

Structural critiques

In 2014, scientists from Princeton University did a study on the influence of the so-called “elite”, and their derived power from special interest lobbying, versus the “ordinary” US citizen within the US political system. They found that the US was looking more like an oligarchy than a real representative democracy; thus eroding a government of the people, by the people, for the people as stated by Abraham Lincoln in his Gettysburg Address. In fact, the study found that average citizens had an almost nonexistent influence on public policies and that the ordinary citizen had little or no independent influence on policy at all.[58]

Sanford Levinson argues that next to the fact that campaign financing and gerrymandering are seen as serious problems for democracy, also one of the root causes of the American democratic deficit lies in the United States Constitution itself,[59] for example there is a lack of proportional representation in the Senate for highly populated states such as California as all states regardless of population are given two seats in the Senate.[60]

Partisan election officials in the United States can give an appearance of unfairness, even when there are very few issues, especially when an election official like a secretary of state is running for an election they are overseeing.[61] Richard Hasen argued that the United States is the only advanced democracy that lets partisan officials oversee elections, and that switching to a nonpartisan model would improve trust, participation and effectiveness of elections.[62]

The Electoral College has been criticized by some people for being un-democratic (it can choose a candidate who did not win the popular vote) and for encouraging campaigns to only focus on swing states, as well for giving more power to smaller states with less electoral votes as they have a smaller population per electoral vote compared to more populated states.[63][64]

The first-past-the-post system has also been criticized for creating a de facto pure two-party system (as postulated in Duverger’s law) that suppresses voices that do not hold views consistent with the largest faction in a particular party, as well as limiting voters’ choices in elections.[65][66]

See also

References

  1. ^ a b c d e “Election Administration at State and Local Levels”. National Conference of State Legislatures. June 15, 2016.
  2. ^ “Elections & Voting”. whitehouse.gov. April 2, 2015. Retrieved October 14, 2017 – via National Archives.
  3. ^ “Is voting mandatory in the U.S.?”. usa.gov. Retrieved July 29, 2024. In the U.S., no one is required by law to vote in any local, state, or presidential election. According to the U.S. Constitution, voting is a right. But it is not a requirement. Many constitutional amendments have been ratified since the first election. However, none of them made voting mandatory for U.S. citizens.
  4. ^ “Compulsory Voting’s American History”. Harvard Law Review. 137 (4). February 2024. Retrieved July 29, 2024.
  5. ^ Dunleavy, Patrick; Diwakar, Rekha (2013). “Analysing multiparty competition in plurality rule elections” (PDF). Party Politics. 19 (6): 855–886. doi:10.1177/1354068811411026. S2CID 18840573.
  6. ^ Gonchar, Michael (February 18, 2014). “Should Felons Be Allowed to Vote After They Have Served Their Time?”. Learning.blogs.nytimes.com. Retrieved October 14, 2017.
  7. ^ “Felony Disenfranchisement in the United States” (PDF). The Sentencing Project. Archived from the original (PDF) on July 31, 2009. Retrieved 2007-01-10.
  8. ^ DeFalco, Beth (January 9, 2007). “New Jersey to take ‘idiots,’ ‘insane’ out of state constitution?”. Delaware News-Journal.
  9. ^ Organization for Security and Co-Operation in Europe, Office of Democratic Institutions and Human Rights (ODIHR), “ODIHR Limited Election Observation Mission Final Report” VIII. Voting Rights, p. 13
  10. ^ Organization for Security and Co-Operation in Europe, Office of Democratic Institutions and Human Rights (ODIHR), “ODIHR Limited Election Observation Mission Final Report” IX. Voter Registration, p. 12-13
  11. ^ “Home | League of Women Voters”. www.lwv.org. Archived from the original on October 5, 2006.
  12. ^ “Voter Registration Resources”. Project Vote Smart. Archived from the original on October 30, 2011. Retrieved 30 October 2011.
  13. ^ 18 U.S.C. § 611 – Voting by aliens.
  14. ^ “Louisiana Amendment 1, Citizen Requirement for Voting Measure (December 2022)”. Ballotpedia. Retrieved October 10, 2023.
  15. ^ Cantoni, Enrico; Pons, Vincent (2021). “Strict ID Laws Don’t Stop Voters: Evidence from a U.S. Nationwide Panel, 2008–2018”. The Quarterly Journal of Economics. 136 (4): 2615–2660. doi:10.1093/qje/qjab019. hdl:11585/821494. ISSN 0033-5533. Finally, strict ID requirements have no effect on fraud, actual or perceived.
  16. ^ a b c “Voting Outside the Polling Place: Absentee, All-Mail and other Voting at Home Options”. www.ncsl.org. Retrieved July 2, 2020.
  17. ^ “VOPP: Table 3: States With Permanent Absentee Voting”. www.ncsl.org. Retrieved July 2, 2020.
  18. ^ “VOPP: Table 18: States With All-Mail Elections”. www.ncsl.org. Retrieved July 2, 2020.
  19. ^ “Electronic Transmission of Ballots”. www.ncsl.org. Retrieved July 2, 2020.
  20. ^ “Signature Verification and Mail Ballots: Guaranteeing Access While Preserving Integrity” (PDF). Stanford University. April 15, 2020. Archived from the original (PDF) on April 18, 2020. Retrieved June 1, 2020.
  21. ^ “Vote at Home Policy Actions: 1 and 2 Stars” (PDF). National Vote at Home Institute. May 2020. Archived from the original (PDF) on June 6, 2020. Retrieved June 18, 2020.
  22. ^ Smith, Daniel (September 18, 2018). “Vote-By-Mail Ballots Cast in Florida” (PDF). ACLU-Florida. Retrieved June 1, 2020.
  23. ^ Wilkie, Jordan (October 12, 2018). “Exclusive: High Rate of Absentee Ballot Rejection Reeks of Voter Suppression”. Who What Why. Retrieved June 18, 2020.
  24. ^ “Who Can Vote? – A News21 2012 National Project”. Retrieved June 12, 2020.
  25. ^ Kahn, Natasha and Corbin Carson. “Investigation: election day fraud “virtually nonexistent”. The Philadelphia Inquirer. Retrieved June 15, 2020.
  26. ^ Krebs, Christopher Cox (November 29, 2020). “Fired director of U.S. cyber agency Chris Krebs explains why President Trump’s claims of election interference are false”. In Pelley, Scott Cameron (ed.). 60 Minutes. Season 53. Episode 13. Event occurs at 11:30. CBS. Archived from the original on December 2, 2020.
  27. ^ Hyun, Michelle (March 30, 2020). “The Blue Shift in California Elections | Election Updates”. electionupdates.caltech.edu. Retrieved August 1, 2020.
  28. ^ Graham, David A. (August 10, 2020). “The ‘Blue Shift’ Will Decide the Election”. The Atlantic. Retrieved August 15, 2020.
  29. ^ a b “Early Voting Calendar – Vote.org”. www.vote.org. Retrieved September 3, 2024.
  30. ^ a b c d e Stewart, Charles (2011). “Voting Technologies”. Annual Review of Political Science. 14: 353–378. doi:10.1146/annurev.polisci.12.053007.145205.
  31. ^ a b c “Congressional elections and midterm elections | USAGov”. www.usa.gov. Retrieved December 31, 2023.
  32. ^ “Constitutional requirements for presidential candidates | USAGov”. www.usa.gov. Retrieved December 31, 2023.
  33. ^ “Routine Disqualification: Every State Has Kept Ineligible Candidates…”. POGO. Retrieved December 31, 2023.
  34. ^ “Ballot access for presidential candidates”. Ballotpedia. Retrieved December 31, 2023.
  35. ^ Statistics on the State of the Nation Before the Presidential Elections (2007 and 2011), Pew Research Center, 2011.
  36. ^ “What is the Electoral College?”. National Archives. August 27, 2019. Retrieved December 31, 2023.
  37. ^ “Electoral College History”. National Archives. November 18, 2019. Retrieved December 31, 2023.
  38. ^ U.S. Elections 2012, The Economist, 2012
  39. ^ “Distribution of Electoral Votes”. National Archives. September 19, 2019. Retrieved December 31, 2023.
  40. ^ “Maine & Nebraska”. FairVote. Retrieved December 31, 2023.
  41. ^ Associated Press, published in Business Insider, 25 June 2017 “Analysis: Partisan Gerrymandering Has Benefited Republicans More than Democrats”
  42. ^ In Federalist Papers No. 9 and No. 10, Alexander Hamilton and James Madison, respectively, wrote specifically about the dangers of domestic political factions.
  43. ^ Baker, Peter; VandeHei, Jim (November 8, 2006). “A Voter Rebuke For Bush, the War And the Right”. Washington Post. Retrieved May 26, 2010. Bush and senior adviser Karl Rove tried to replicate that strategy this fall, hoping to keep the election from becoming a referendum on the president’s leadership.
  44. ^ “Election ’98 Lewinsky factor never materialized”. CNN. November 4, 1998. Americans shunned the opportunity to turn Tuesday’s midterm elections into a referendum on President Bill Clinton’s behavior, dashing Republican hopes of gaining seats in the House and Senate.
  45. ^ See Anthony Gierzynski, Saving American Elections: A Diagnosis and Prescription for a Healthier Democracy (Cambria Press, 2011)
  46. ^ See Anthony Gierzynski, Saving American Elections: A Diagnosis and Prescription for a Healthier Democracy (Cambria Press, 2011)
  47. ^ Cohen, Jeff. “US Elections”. USElections.com. Retrieved June 12, 2016.
  48. ^ “2016 Presidential Election Interactive Map”. 270toWin.com. Retrieved December 11, 2016.
  49. ^ DiCamillo, Mark (November 5, 2022). “Release #2022-21: California voters in broad agreement that American democracy faces critical dangers, but Democrats and Republicans disagree on the nature of the threats”. Institute of Governmental Studies UC Berkeley: 5. Archived from the original on January 25, 2024. Retrieved July 22, 2024.
  50. ^ Gibson, Brittany (May 28, 2020). “The Many Varieties of Voter Suppression”. The American Prospect. Retrieved November 9, 2020.
  51. ^ Stanton, Zack (September 26, 2021), “What If 2020 Was Just a Rehearsal?”, Politico
  52. ^ a b c d Parlapiano, Alicia (October 29, 2020), “The Upshot: How Long Will Vote Counting Take? Estimates and Deadlines in All 50 States”, The New York Times, retrieved October 29, 2020.
  53. ^ “Foreign Governments Have Been Tampering With U.S. Elections for Decades”. Politico.com. July 27, 2016. Retrieved October 14, 2017.
  54. ^ Bump, Philip (October 13, 2014). “The disconnect between voter ID laws and voter fraud”. The Fix. The Washington Post. Retrieved July 26, 2016.
  55. ^ Dale Baum and James L. Hailey (Autumn 1994). “Lyndon Johnson’s Victory in the 1948 Texas Senate Race: A Reappraisal”. Political Science Quarterly. 109 (4): 595–613. doi:10.2307/2151840. JSTOR 2151840.
  56. ^ “Key witness testifies to tampering with absentee ballots in N.C, House race”. NBC News. February 18, 2019. Retrieved February 21, 2019. Britt said some of the ballots she collected were unsealed and uncompleted and testified she filled out the options left blank for Republican candidates — an admission of vote tampering that violates North Carolina law.
  57. ^ Lerner, Kira (2023). “12m Americans believe violence is justified to restore Trump to power”. The Guardian.
  58. ^ Gilens, Martin; Page, Benjamin I. (September 1, 2014). “Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens”. Perspectives on Politics. 12 (3): 564–581. doi:10.1017/S1537592714001595. ISSN 1541-0986.
  59. ^ Sanford Levinson. “The Democratic Deficit in America”.
  60. ^ Sanford Levinson (LA Times article available on website) (October 16, 2006). “Our Broken Constitution”. University of Texas School of Law — News & Events. Archived from the original on October 5, 2009. Retrieved October 10, 2009.
  61. ^ Parks, Miles (November 29, 2018). “Partisan Election Officials Are ‘Inherently Unfair’ But Probably Here To Stay”. NPR.
  62. ^ Hasen, Richard L. (2020). “Chapter 2”. Election meltdown: dirty tricks, distrust, and the threat to American democracy. New Haven and London: Yale University Press. ISBN 978-0-300-24819-7.
  63. ^ “Why the Electoral College is the absolute worst, explained”. Vox.com. November 7, 2016. Retrieved October 14, 2017.
  64. ^ “How Much Difference Does the Small State Advantage in the Electoral College Really Make? – Marquette University Law School Faculty Blog”. May 26, 2012. Retrieved June 29, 2024.
  65. ^ McDonough, Bryanne (November 4, 2016). “Our Elections Are Stupid: How to Make Them Less Dumb”. Reporter. Retrieved October 21, 2022.
  66. ^ Learning, Lumen (February 21, 2019). “The Two-Party System”. {{cite journal}}: Cite journal requires |journal= (help)

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