Congressional Authority to Regulate Elections and Election Technology PDF Download
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Author: Pamela S. Karlan
Publisher:
ISBN:
Category : Election law
Languages : en
Pages : 34
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Book Description
Author: Pamela S. Karlan
Publisher:
ISBN:
Category : Election law
Languages : en
Pages : 34
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Book Description
Author: United States. General Accounting Office
Publisher:
ISBN:
Category : Election law
Languages : en
Pages : 40
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Book Description
Events surrounding the last presidential election have led to intense national interest in voting processes and the administration of elections. As part of the broad congressional interest in this issue, we received a joint inquiry from Senator Trent Lott, Republican Leader; Senator Tom Daschle, Democratic Leader; Senator Mitch McConnell, Chairman, and Senator Christopher Dodd, Ranking Member, of the Senate Committee on Rules and Administration. The Senators asked that we review the current federal role, and limitations thereof, in the administration of elections.
Author:
Publisher: DIANE Publishing
ISBN: 1428947221
Category :
Languages : en
Pages : 33
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Events surrounding the 2000 Presidential election have led to increased scrutiny of voting procedures in the United States, including efforts to establish national standards for issues such as the administration of voter registration, balloting, tabulating and reporting election results. This report focuses on the constitutional authority and limitations relevant to Congress standardizing these and other election procedures. A policy evaluation of these different options is, however, beyond the scope of this report. The Congress' authority to regulate a particular election may vary depending on whether that election is for the Presidency, the House, the Senate, or for state and local positions. Further, there may be variation in whether a particular aspect of elections, such as balloting procedures, is amenable to regulation. Consequently, evaluating the authority to establish uniform election procedures would appear to require an examination of a variety of different proposals and scenarios. Although the Constitution is silent on various aspects of the voting process, the Constitution seems to anticipate that states would be primarily responsible for establishing election procedures. Federal authority to also regulate federal elections, however, is specifically provided for in the Constitution. There are two main provisions at issue - Article I, section 4, cl. 1, which provides Congress the authority to set the "Times, Places and Manner" of congressional elections, and Article II, section 1, cl. 4, which provides that Congress may designate the "Time" for the choosing of Presidential Electors. Congress' power is at its most broad in the case of House elections, which have historically always been decided by a system of popular voting. Congressional power over Senate elections, while almost as broad as it is for House elections, contains one exception - that Congress may not regulate "the Places of chusing Senators." The power of Congress to regulate Presidential elections, is not, however, as clearly established as the power over House and Senate elections. As noted above, the text of the Constitution provides the Congress only the limited power to designate the "Time" of the choosing of Presidential Electors. The case law on this issue is, however, ambiguous, and Congress's regulatory authority over presidential elections seems to be more extensive than might appear based on the text of Article II, section 1, cl. 4. The Constitution does not grant the Congress general legislative authority to regulate the manner and procedures used for elections at the state and local level. The Congress, however, does have authority under the Civil War Amendments, the 19th, 24th and the 26th Amendments to prevent discrimination in access to voting, and has exercised that power extensively over state and local elections, as well as federal elections. The Congress also has expansive authority to spend money for the general welfare, and allocation of such grant monies could be conditioned on compliance by state or local officials with national standards for election procedures.
Author: John V. Sullivan
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72
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Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 030947647X
Category : Political Science
Languages : en
Pages : 181
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Book Description
During the 2016 presidential election, America's election infrastructure was targeted by actors sponsored by the Russian government. Securing the Vote: Protecting American Democracy examines the challenges arising out of the 2016 federal election, assesses current technology and standards for voting, and recommends steps that the federal government, state and local governments, election administrators, and vendors of voting technology should take to improve the security of election infrastructure. In doing so, the report provides a vision of voting that is more secure, accessible, reliable, and verifiable.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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The 2000 presidential election raised questions about whether changes are needed in the voting technologies used in the United States, and what should be the federal role. Elections are administered by states and localities through approximately 10,000 jurisdictions at the county level or below. The main federal agency involved is the Office of Election Administration, which is part of the Federal Election Commission and assists state and local election officials. In 1990, the FEC released voluntary standards for computer-based voting systems. The standards were developed in response to congressional direction and have been adopted in whole or in part by thirty-two states. Updated standards are in development. Currently, five different kinds of voting technologies are used: hand-counted paper ballots, mechanical lever machines, computer punchcards (Votomatic and Datavote), marksense forms (also called optical scan), and direct recording electronic systems (DRE). The last three systems are computer-based. All systems except lever machines and DRE use document ballots on which the voter records choices. Punchcard systems are the most common, used by about one-third of registered voters, with marksense systems used by about one-quarter. In all but a few states, more than one kind of technology is currently in use. For some of the technologies, concerns have been raised about ballot design, voter errors, and counting accuracy. Effective ballot design involves balancing the fairness and clarity of presentation, as well as goals such as promoting completion of the entire ballot by voters. Different technologies place different constraints on ballot design. The three basic kinds of error are overvote, undervote (not necessarily an error), and unintended choice. Technologies differ in how they help voters prevent or correct such errors, and consequently, the incidence varies with the technology employed. It may also depend on the condition of equipment and the demographics of the population. Vote counting involves issues such as the accuracy of the counting methodology, its speed, its integrity and security, and recounting where necessary. Those depend on many factors, including the characteristics of the technology used, the design and condition of the equipment and software, and human behavior. Reports on the accuracy of different systems vary. Questions have also been raised about the impacts of remote voting, including absentee and mail-in balloting. Another form of remote voting currently in development is Internet voting, which so far has been used only on a very limited basis. The overall prevalence of remote voting is increasing, raising concerns in particular about potential compromises to ballot secrecy. A central issue is what role the federal government should play in addressing the concerns that have been raised about voting systems. Current debate centers on several questions: What is the extent of congressional authority to regulate voting technology and procedures? Should national standards be voluntary or mandatory? Should the scope of the standards be broadened to include ballot design, counting procedures, and other aspects of election management? Should a uniform technology be adopted nationally or on a state-by-state basis? Should federal funding be made available to states or local election jurisdictions for upgrading voting systems? Several relevant bills have been introduced in the 107th Congress, and significant legislative activity is expected.
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1380
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Book Description
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Author: United States
Publisher:
ISBN:
Category : Campaign funds
Languages : en
Pages : 160
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Book Description
Author: Thomas H. Neale
Publisher: DIANE Publishing
ISBN: 1437925693
Category : Political Science
Languages : en
Pages : 34
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Book Description
Contents: (1) Intro.; (2) Competing Approaches: Direct Popular Election v. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado Amendment 36; (8) 2007-2008: The Presidential Reform Act (California Counts); (9) 2006-Present: National Popular Vote -- Direct Popular Election Through an Interstate Compact; Origins; The Plan; National Popular Vote, Inc.; Action in the State Legislatures; States That Have Approved NPV; National Popular Vote; (10) Prospects for Change -- An Analysis; (11) State Action -- A Viable Reform Alternative?; (12) Concluding Observations.
