Federal elections are nationwide elections for President, Vice President, and all 435 House members and one-third of the 100 Senate seats. Federal elections occur in even-numbered years, with presidential elections every four years and midterm elections (House and some Senate races) every two years.
The Constitution gives Congress broad power to regulate federal elections: Article I, Section 4 states that Congress can override state decisions about the "time, place and manner" of federal elections. Congress has used this power to set a uniform Election Day (the Tuesday after the first Monday in November), to establish voting age minimums, and to ban certain discriminatory practices. States retain significant power: they draw House districts, set voter registration rules, manage polling places, and determine voting procedures.
This division of power creates constant tension. Congress sets federal standards (through the Voting Rights Act, the Help America Vote Act, and the National Voter Registration Act), but states implement elections. When states' rules conflict with federal law, courts must decide whether the conflict violates the Constitution or federal statutes.
Federal elections determine control of Congress and the presidency, which makes the division of power between federal and state authorities over elections one of the most consequential questions in the Constitution.
People think either "the federal government controls elections" or "states control elections." Actually, it's divided: Congress sets broad standards, but states run most of the details. This division creates both flexibility and conflict.
Federal elections determine control of Congress and the presidency, which makes the division of power between federal and state authorities over elections one of the most consequential questions in the Constitution.
People think either "the federal government controls elections" or "states control elections." Actually, it's divided: Congress sets broad standards, but states run most of the details. This division creates both flexibility and conflict.