Federal Elections & Voting Rights

Federal elections law — built on three foundational statutes and administered by two independent agencies — governs who can vote, how they register, how ballots are administered, and who can spend money on federal campaigns. The Voting Rights Act (1965) (52 U.S.C. §§ 10101–10702) remains the most powerful tool against racial discrimination in voting: its Section 2 allows legal challenges to discriminatory practices nationwide; its Section 5 preclearance requirement (covering states with a history of discrimination) was functionally disabled by the Supreme Court's Shelby County v. Holder (2013) ruling, which struck down the coverage formula. The National Voter Registration Act (1993) — the "Motor Voter" law — requires states to offer voter registration at DMVs, public assistance agencies, and by mail, and restricts voter roll purges. The Help America Vote Act (2002) set minimum federal standards for voting systems, provisional ballots, and disability access after the 2000 Florida recount controversy, and created the Election Assistance Commission (EAC) to administer federal election grants and set voluntary standards. Campaign finance is governed by the Federal Election Campaign Act (1971) and enforced by the Federal Election Commission (FEC) — covering contribution limits, disclosure requirements, and coordination rules for federal offices. The Supreme Court's Citizens United v. FEC (2010) ruling struck down restrictions on independent political expenditures by corporations and unions, unleashing the era of Super PACs and dark money in federal elections.

Current Law (2026)

Legal Authority

• 52 U.S.C. §§ 10301-10314 — Voting Rights Act (prohibition on racial discrimination in voting; Section 2 results test — voting practices that result in denial or abridgment of the right to vote on account of race are prohibited; preclearance requirement for certain jurisdictions [Section 5 — effectively defunct after Shelby County v. Holder (2013)]; federal election observers; bilingual election requirements)
• 52 U.S.C. §§ 20501-20511 — National Voter Registration Act (motor voter registration; mail-in registration; registration at public assistance offices; restrictions on voter roll purging; states must maintain accurate registration lists)
• 52 U.S.C. §§ 20901-21145 — Help America Vote Act (provisional voting rights; voter ID requirements; statewide voter registration databases; voting system standards; EAC establishment; funding for election administration)
• 52 U.S.C. §§ 30101-30146 — Federal Election Campaign Act (disclosure of campaign contributions and expenditures; contribution limits; ban on foreign national contributions; FEC enforcement; presidential public financing)
• 52 U.S.C. §§ 20301-20311 — UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act — ensuring military and overseas voters can register and vote)
• 52 U.S.C. §§ 20101-20107 — Voting Accessibility for the Elderly and Handicapped Act (accessible polling places and voting systems)

How It Works

Federal election law establishes the floor of voting rights protections and election administration standards for federal elections (President, Senate, House), while states administer elections and set most of the specific rules. The tension between federal standards and state control over elections is one of the most contested areas of American law and politics.

The Voting Rights Act (VRA) is the most important civil rights statute governing elections. Section 2 prohibits any voting practice that "results in" the denial or abridgment of the right to vote on account of race, color, or language minority status — a "results test" allowing challenges to redistricting plans, voter ID laws, polling place changes, and other practices that disproportionately affect minority voters without requiring proof of intentional discrimination. Section 5's preclearance requirement — which required certain states and jurisdictions with histories of discrimination to obtain federal approval before changing voting rules — was effectively ended by the Supreme Court's Shelby County v. Holder (2013) decision striking down the coverage formula. Section 203 requires bilingual election materials in jurisdictions with significant language-minority populations. See Voting Rights & Election Law for deeper coverage of VRA enforcement. The "Motor Voter" National Voter Registration Act (NVRA) requires states to offer voter registration at motor vehicle offices, through mail-in forms, and at public assistance agencies, and restricts when and how states can remove voters from registration rolls — requiring specific procedures and prohibiting purging solely for failure to vote.

The Help America Vote Act (HAVA), enacted after the 2000 Florida recount crisis, established minimum federal standards for election administration: the right to cast a provisional ballot if your eligibility is questioned at the polls, statewide computerized voter registration databases, voting system standards covering accessibility and auditability, and the Election Assistance Commission (EAC) to develop guidelines, certify voting systems, and administer grants. The Federal Election Campaign Act (FECA) requires disclosure of all contributions and expenditures in federal elections, imposes contribution limits to candidates and parties, and prohibits contributions from foreign nationals, corporations (directly to candidates), and government contractors; the FEC enforces these rules with a 6-member commission (3 Republicans, 3 Democrats) that frequently deadlocks. The Supreme Court's Citizens United v. FEC (2010) held that the First Amendment prohibits limits on independent expenditures by corporations and unions, leading to the rise of Super PACs that can raise and spend unlimited amounts on independent expenditures but may not coordinate with candidates.

How It Affects You

State Variations

Implementing Regulations

• 11 CFR Part 100 — FEC scope and definitions (§§ 100.133, 100.140 — voter registration/GOTV activities, slate cards and sample ballots)

• 11 CFR Part 104 — Reporting requirements (§ 104.20 — reporting electioneering communications)

• 11 CFR Part 106 — Allocations of Candidate and Committee Activities: the FEC regulations specifying how candidates, party committees, and PACs must divide expenses that benefit both federal and non-federal elections — a core bookkeeping requirement of campaign finance law. Key provisions:

  • § 106.1 — Allocation between candidates: expenditures that benefit more than one clearly identified federal candidate must be attributed to each candidate according to the benefit reasonably expected; for joint fundraising expenses and coordinated activities involving multiple candidates, the default allocation method is equal division unless a different reasonable allocation is documented
  • § 106.2 — Presidential primary allocations: presidential primary candidates receiving federal matching funds must allocate campaign expenditures to specific states under FEC formulas tied to state expenditure limits; over-allocation to a state where the candidate exceeds the limit results in a compliance violation even if total spending is within the national cap
  • § 106.3 — Campaign and non-campaign travel: when a candidate (or party official) travels for a mix of campaign and non-campaign purposes (e.g., a fundraiser in the morning and a congressional hearing in the afternoon), expenses must be allocated between campaign and non-campaign accounts; the proportion is based on the ratio of campaign-related time to total travel time; charter aircraft and personal vehicle use follow specific mileage and time-allocation formulas
  • § 106.5 — National party committee allocations: national party committees (DNC, RNC) that make disbursements in connection with both federal and non-federal elections must pay all such disbursements from federal funds (funds raised under FECA limits and prohibitions); since BCRA (2002) eliminated soft money for national parties, national committees may not use non-federal accounts for any federal election activity — all expenses must be from hard money accounts subject to contribution limits
  • § 106.6 — PAC and nonconnected committee allocations: separate segregated funds (corporate PACs, union PACs) and nonconnected committees that engage in both federal and non-federal election activity may use an "allocation ratio" based on the proportion of their candidates who are federal candidates or a funds-received ratio; the allocation method must be consistent and documented; FECA prohibits mixing federal and non-federal receipts except through the specific allocation mechanisms in Part 106
  • § 106.8 — Party committee phone bank allocations: party committee phone banks that refer to a clearly identified federal candidate must allocate the cost based on the ratio of federal candidate references to total candidate references in the communication; a call mentioning three state candidates and one federal candidate would allocate 25% of cost to federal funds

  Part 106 is the mechanical backbone of campaign finance accounting — the rules that translate the FECA contribution limit framework into actual bookkeeping practice for multistate campaigns, joint committee operations, and party committee joint expenditures. FEC audits and enforcement actions frequently involve Part 106 allocation disputes: a committee that systematically undercounts the federal share of mixed-purpose expenses effectively evades FECA contribution limits by funding federal activities with non-federal (soft) money. Recent rulemakings: 67 FR 78681 (2002) — BCRA conforming amendments eliminating soft money for national party committees.

• 11 CFR Part 114 — Corporate and labor organization activity (§§ 114.2, 114.10 — prohibited contributions/expenditures, independent expenditures)

• 11 CFR Part 300 — Non-federal funds (§§ 300.33, 300.36 — allocation of federal election activity costs, reporting and recordkeeping)

Pending Legislation (119th Congress)

• HR 723 (Rep. Cole, R-OK) — Protect American Election Administration Act of 2025. Prohibits states from using private funds, property, or staff to run federal elections, except donated polling space. Status: Introduced.
• HR 882 (Rep. Pfluger, R-TX) — No Foreign Persons Administering Our Elections Act. Bans states and localities from hiring noncitizens to administer federal elections. Status: Introduced.
• S 2346 (Sen. Klobuchar, D-MN) — Preparing Election Administrators for AI Act. Directs the EAC and NIST to publish voluntary AI guidance for election offices. Status: Introduced.
• S 1849 (Sen. Bennet, D-CO) — Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act. Would force campaigns to quickly spend or return leftover funds. Status: Introduced.
• S 1213 (Sen. Klobuchar, D-MN) — Protect Elections from Deceptive AI Act. Would ban knowingly sharing AI-made fake audio or video about federal candidates before elections. Status: Introduced.
• HR 156 (Rep. Fitzpatrick, R-PA) — Securing our Elections Act of 2025. Would set a national photo-ID rule for federal voting, add provisional-ballot cures, and require free IDs. Status: Introduced.
• HR 55 (Rep. Biggs, R-AZ) — Would repeal the National Voter Registration Act, ending federal "Motor Voter" rules. Status: Introduced.

Recent Developments

• Shelby County v. Holder (2013) effectively ended Section 5 preclearance, leading to an increase in state voting law changes
• Allen v. Milligan (2023) preserved Section 2's ability to challenge racially gerrymandered districts — but Louisiana v. Callais, 24-109 (April 29, 2026, 6-3 Alito; Kagan dissent), substantially narrowed that doctrine, holding that Section 2 did not require Louisiana to create a second majority-Black district and that the State therefore lacked a compelling Equal Protection interest to use race to draw one. Kagan's dissent: § 2 "all but a dead letter." As of May 2026, Alabama is asking the Supreme Court to lift the Allen v. Milligan injunction in light of Callais before the May 19, 2026 primary.
• Post-2020 election, states have enacted hundreds of new voting laws — some expanding access (mail voting, early voting) and others restricting it (voter ID, drop box limits, ballot collection restrictions)
• Campaign spending continues to escalate — the 2024 federal election cycle exceeded $15 billion in total spending. See Campaign Finance & FEC for detailed contribution and disclosure rules.
• Election security has become a major focus, with federal grants for cybersecurity and physical security of election infrastructure
• More than 20 Democratic-led states filed a lawsuit in April 2026 against the Trump administration over an executive order restricting voter eligibility and mail-in voting procedures, challenging the federal government's authority to impose conditions on state-administered elections.
• The Supreme Court in March 2026 appeared ready to overturn a Mississippi law allowing mail-in ballots to be counted as long as they are postmarked by Election Day, even if received after, in a case with implications for mail-in voting procedures nationwide.