State and local election officials engage in a variety of efforts to ensure that ineligible voters do not vote. Voter eligibility for federal elections is largely established by qualifications set forth in the U.S. Constitution in the Fourteenth, Fifteenth, Nineteenth and Twenty-Sixth Amendments. Processes for assessing and verifying voter eligibility for federal elections vary among states and are affected by both federal law and state law. Under the “elections clause” in Article I, Section 4, of the U.S. Constitution, state legislatures are responsible for prescribing the “Times, Places and Manner of holding Elections for Senators and Representatives,” but Congress “may at any time by Law make or alter” regulations related to many elements of federal elections. State and local laws may set different qualifications for voting in state or local elections. Generally, election officials determine voter eligibility through a combination of voter registration processes (such as application requirements for individuals, or applicant verification checks and voter list maintenance efforts conducted by election officials) and requirements for receiving or casting a ballot (such as voter identification requirements at polling places, or signature verification on by-mail ballots). Criminal penalties exist for individuals who knowingly attempt to vote, or do vote, in federal elections when they are ineligible to do so. Examples at the federal level include certain penalties established by provisions of the Voting Rights Act of 1965; the National Voter Registration Act of 1993 (NVRA); and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Many states also have laws with similar provisions prohibiting false voter registration or knowingly voting when ineligible in state and local elections. As a prerequisite to voting, voter registration policies can help prevent ineligible individuals from voting or prevent eligible voters from voting multiple times in an election. Voter registration application requirements, verification of the information provided on those applications, and ongoing efforts to conduct voter registration list maintenance serve as key opportunities for election officials to identify potentially ineligible individuals and prevent them from receiving or casting ballots. All states but North Dakota have voter registration for federal elections. States generally determine many of their voter registration practices, but they must comply with federal law, such as the NVRA and the Help America Vote Act of 2002 (HAVA). Other opportunities to prevent ineligible individuals from voting occur when a voter requests a ballot, whether they attempt to vote absentee by mail or in person at a polling place. Voters are often asked to confirm their identities in some manner, such as providing voter identification (if required under state law), and election officials usually check voters’ information against existing registration and voting records via a poll book or other election records. States also may have additional processes for individuals who return absentee or by-mail ballots—such as signature verification or witness requirements—to help ensure that the ballot was requested, received, and completed by the same, eligible person. Congress has considered numerous policies that aim to ensure that ineligible voters do not vote in federal elections. Many recent legislative proposals would address the voter registration process, through application requirements for individuals or through verification or list maintenance requirements for election officials. Other bills would establish requirements for verifying voters’ identities when they receive or cast ballots, and some proposals would address criminal penalties for fraudulent voter registration or voting. Congressional activity related to voter verification is often framed as an extension of the federal government’s role in upholding the constitutional right to vote and ensuring the integrity of election administration processes. At the same time, some may view additional requirements on voter registration or voting as unnecessary barriers to exercising the right to vote. This report provides further information about how states assess voter eligibility for federal elections, with particular emphasis on states’ voter registration and voter list maintenance processes. The report also provides a discussion of related legislation considered by Congress from the 117th to 119th Congresses, to date.
Full content not yet available.