EXPRESSDICTATE REVIEW REGISTRATION
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For example, the Constitution specifies that anyone who is eligible to vote for the larger house of a state legislature may vote for the U.S.

Fundamentally, neither entity can enact laws under the Elections Clause that violate other constitutional provisions. The power of states and Congress to regulate congressional elections under the Elections Clause is subject to express and implicit limits.

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Congress also has enacted statutes limiting the amount of money that people may contribute to candidates for Congress, requiring that people publicly disclose most election-related spending, mandating that voter registration forms be made available at various public offices, and requiring states to ensure the accuracy of their voter registration rolls. House divide themselves into congressional districts, rather than electing all of their Representatives at-large. It has established a single national Election Day for congressional elections, and mandated that states with multiple Representatives in the U.S. On occasion, Congress has exercised its power to “make or alter” rules concerning congressional elections, and some of its laws lie at the very heart of the modern electoral process. They empowered Congress to step in and regulate such elections as a self-defense mechanism. The Framers of the Constitution were concerned that states might establish unfair election procedures or attempt to undermine the national government by refusing to hold elections for Congress. Congress may pass federal laws regulating congressional elections that automatically displace (“preempt”) any contrary state statutes, or enact its own regulations concerning those aspects of elections that states may not have addressed. Whenever a state enacts a law relating to a congressional election, it is exercising power under the Elections Clause states do not have any inherent authority to enact such measures.Īlthough the Elections Clause makes states primarily responsible for regulating congressional elections, it vests ultimate power in Congress.

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It grants each level of government the authority to enact a complete code for such elections, including rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determination of election results. The Clause directs and empowers states to determine the “Times, Places, and Manner” of congressional elections, subject to Congress’s authority to “make or alter” state regulations.

The Elections Clause is the primary source of constitutional authority to regulate elections for the U.S.

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