Overview of Federal Criminal Laws Prohibiting Interference with Voting
https://crsreports.congress.gov/product/pdf/LSB/LSB11125
>March 15, 2024
The 2024 U.S. presidential and congressional elections are scheduled to take place on November 5, 2024, with early in-person voting in some states beginning in September. Recent developments such as the advancement of artificial intelligence (AI) capabilities, the continued targeting of U.S. elections by foreign actors, and the increase in threats and harassment of election workers may elevate election interference as a subject of interest for Congress. For example, during New Hampshire’s 2024 presidential primary election, the New Hampshire Attorney General’s Office received complaints of a robocall allegedly using an AI “deepfake” to unlawfully interfere in the election by spreading misinformation in an attempt to suppress voting. Members of the House and Senate responded to this incident, stating that federal action is needed to respond to this type of interference.
Several federal laws (https://www.justice.gov/criminal/file/1029066/download) prohibit interference with voting or interference with registering to vote in a U.S. election. While this Legal Sidebar does not provide a comprehensive list of all crimes that may be relevant to an election, it does provide an overview of criminal laws that prohibit election interference targeting voters, focusing primarily on those used in recent federal prosecutions. Additionally, this Sidebar discusses Congress’s constitutional authority to regulate U.S. elections and also provides considerations for Congress. For an overview of federal criminal laws prohibiting threats and harassment of election workers, refer to this CRS Legal Sidebar.
Constitutional Authority over Elections
Article I, Section 4, cl. 1, of the U.S. Constitution, known as the Elections Clause, states, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of [choosing] Senators.” While the states have primary responsibility for administering elections, the federal government maintains significant authority over elections, including safeguarding the safety and integrity of congressional elections.
A parallel constitutional provision addressing presidential elections, Article II, Section 1, cl. 4, provides that Congress may determine the “time” of choosing presidential electors and the day the electors shall cast their votes, with that day being the same throughout the United States. This clause does not delegate to the states any power to prescribe the time, place, and manner of electors casting votes in a presidential election. The Supreme Court has held that “[t]he importance of [the presidential] election and the vital character of its relationship to and effect upon the welfare and safety of the whole people cannot be too strongly stated” and that “Congress, undoubtedly, possesses that power … to preserve the … institutions of the general government from impairment or destruction…. ” Congress, exercising its authority under this provision, has enacted legislation establishing an Election Day. The power to appoint electors and how those appointments are made, however, belongs to the states under Article II, Section 1, cl. 2.
Congress does not have general regulatory authority over state and local elections, but it may still exercise its power over such entities in several contexts. For example, Congress has the authority to prevent unconstitutional voting discrimination in a state or local election. Congress’s authority to legislate regarding these various issues derives, in addition to its Article I powers, principally from the Fourteenth and Fifteenth Amendments. Furthermore, relying on its Spending Clause authority under Article I, Congress might also condition the receipt of federal funds for state or local elections on compliance with federal requirements.
(cont'd)