Election Law
Voting rights, campaign finance, elections
Overview
Election law encompasses the legal framework governing voting rights, campaign finance, redistricting, and election administration. The Constitution establishes the basic structure, with the Fourteenth, Fifteenth, Nineteenth, Twenty-fourth, and Twenty-sixth Amendments expanding voting rights to prohibit discrimination based on race, sex, and age (18+), and eliminating poll taxes.
The Voting Rights Act of 1965 remains the most significant federal voting rights legislation, prohibiting discriminatory voting practices. The Supreme Court's Shelby County v. Holder (2013) decision invalidated the VRA's preclearance formula, reducing federal oversight of state voting changes. Campaign finance law, shaped by Buckley v. Valeo (1976) and Citizens United v. FEC (2010), balances free speech with preventing corruption.
Election administration is primarily a state and local function. The Help America Vote Act (HAVA) established the Election Assistance Commission and set minimum standards for voting systems. Redistricting occurs after each decennial census, with most states allowing state legislatures to draw congressional and state legislative district lines.
Key Federal Laws
- •Voting Rights Act of 1965 (52 U.S.C. § 10301)
- •Federal Election Campaign Act (52 U.S.C. § 30101)
- •Help America Vote Act (52 U.S.C. § 20901)
- •National Voter Registration Act (52 U.S.C. § 20501)
- •Electoral Count Reform Act of 2022
Key Cases
- •Shelby County v. Holder (2013) — VRA preclearance
- •Citizens United v. FEC (2010) — Corporate campaign spending
- •Rucho v. Common Cause (2019) — Partisan gerrymandering nonjusticiable
- •Brnovich v. DNC (2021) — VRA Section 2 standard
- •Bush v. Gore (2000) — Equal protection in vote counting
State Variations
States have wide latitude in administering elections. Voter ID requirements range from no ID needed to strict photo ID. Early voting periods vary from none to 45 days. Some states have automatic voter registration while others require affirmative registration. Mail-in voting policies differ substantially. Redistricting is handled by legislatures in most states, though a growing number use independent commissions. Felon voting rights restoration varies from automatic to requiring gubernatorial action.
Frequently Asked Questions
Do I need an ID to vote?
It depends on your state. About 35 states have voter ID requirements, ranging from requesting (but not requiring) ID to strict photo ID laws. Some states accept a range of documents while others require specific government-issued photo ID. If you lack acceptable ID, most strict ID states offer free identification cards and provisional ballot options.
Can I vote if I have a felony conviction?
Felony voting rights vary by state. Maine, Vermont, and Washington D.C. never revoke voting rights, even during incarceration. Most states restore rights after completion of sentence, parole, or probation. A few states require additional action like a governor's pardon. The trend is toward expanding restoration of voting rights for those who have completed their sentences.
Related Cases
Citizens United v. Federal Election Commission
558 U.S. 310 (2010)
The Court held that the First Amendment prohibits the government from restricting independent expenditures for political communications by corporations, including nonprofit corporations, labor unions, and other associations.
Compare Election Law Across States
See how different states handle election law side by side.
Compare States