Why It Matters
Federal election and voting law draws on the U.S. Constitution, federal and state statutes, regulations, and court cases, and a new Congressional Research Service (CRS) report, "Election and Voting Law: Resources for Congressional Offices," serves as a starting point for navigating those sources. It outlines some of the key sources of laws, pending legislation, regulations, cases, CRS products, and federal agencies on election administration, voting rights, campaign finance, and presidential elections.
A CRS legal sidebar on the Executive Order on Elections covers the order's legal background and court challenges, and also discusses mail-in ballot requirements, state election database access by the federal government, federal election funding conditions and voting system requirements.
The Big Picture
Three federal agencies anchor the statutory framework: the Federal Election Commission (FEC), created by Congress in 1975 to administer and enforce the Federal Election Campaign Act (FECA); the Department of Justice Voting Section, which enforces civil provisions of the Voting Rights Act, the National Voter Registration Act of 1993, the Help America Vote Act of 2002 (HAVA), and related statutes; and the U.S. Election Assistance Commission (EAC), an independent bipartisan body established by HAVA that administers grant programs, oversees voting-system testing and certification, and issues guidance to election officials.
The Confirmation of Congressional Observer Access Act (COCOA) amended HAVA to provide statutory authority for designated congressional election observers. The Electoral Count Reform and Presidential Transition Improvement Act of 2022 was incorporated into the Consolidated Appropriations Act of 2023 (P.L. 117-328).
Federal courts have invalidated portions of the Bipartisan Campaign Reform Act of 2002 (BCRA). The Federal Election Commission (FEC) maintains websites titled "Selected Campaign Finance Law Court Cases" and a "Court Case Alphabetical Index." CRS Insight IN12590 covers EAC action on voting-system testing and certification provisions under E.O. 14248, while CRS Legal Sidebar LSB11419 addresses pending Supreme Court cases on redistricting, campaign finance, and mail-in ballots in 2026.
The Bottom Line
The report does not evaluate any specific election policy or recommend a legislative approach. Its purpose is navigational, directing congressional staff to the appropriate primary sources and agency materials for each subject area.
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