National Association of Latino Elected and Appointed Officials

The American electoral process is a complex system of federal, state and local responsibilities, all governing the way that elections are conducted in the United States. The best way to try and understand the U.S. electoral system is to view it as a hodgepodge of 51 different election systems. An election system for each of the 50 states and the District of Columbia. This system is further decentralized at the local level where about 10,000 local election jurisdictions enter the fray of election administration.

The complexity of the electoral process is primarily due to the division of roles and responsibilities between Federal, State, and Local entities. Every level of government has an impact on the way elections are conducted.

THE FEDERAL GOVERNMENT

The federal government bears no direct responsibility in the adminstration of elections, neither federal, state, or local elections. However, many of the laws that have radically shaped the way elections are administered in the United States have been legislated by Congress. Additionally, legislative laws enacted by Congress set forth the fundamental rules protecting an eligible citizen’s right to vote. Federal law also established the criteria for electing Members of Congress (in both the House of Representatives and Senate). Milestone Laws Enacted by Congress:

Voting Rights Act: This act established fundamental rules that protect discrimination at the polls on the basis of race, national origin, gender, religion, sexual orientation, or language. The act also established protections and services for eligible citizens who speak a language other than English. In the “Language Assistance” section of this guide you will learn more about what assistance is provided to limited English proficient voters.

Motor Voter Act: Helped make the voter registration process more accessible by mandating that state agencies ( e.g. Department of Motor Vehicles) offer eligible citizens the opportunity to register to vote. The most significant change to the voter registration process, enacted by the act, was to mandate state department of motor vehicles to register those eligible while applying for drivers license, Identification, vehicle registration…etc.

Help America Vote Act: Most significant overhaul of election administration process. The act established new rules governing:

Fail-Safe (Provisional Voting)
Identification Requirements
Statewide voter registration databases
Introduction of new voting-machine technology
Creation of new federal entity—the Election Assistance Commission (EAC)

Despite the indirect role of the federal government in administering elections, historically it has had a tremendous impact on what elections look like in the United States.

STATE GOVERNMENTS

While federal law has established several statutes governing elections, States regulate the election process through legislative and executive order. States exercise regulatory influence over procedures such as: ballot access, voter registration procedures, absentee voting requirements, provisional voting procedures, establishment of voting places, hours of operation for polling places, provision of Election Day workers, and counting and certification of the vote.
Describing the role of the state in the U.S. electoral process the Supreme Court has stated, “states have evolved comprehensive, and in many respects complex, election codes regulating in most substantial ways…the time, place, and manner of holding primary and general elections, the registration of voters, and the selection and qualification of candidates.” State elections officials also have a role in the approval of voting equipment for use in a state. These rules and deadlines are set by formal state law in what is commonly referred to as State Election Code. Such laws not only apply to local or statewide elections but also affect federal elections.
In most states the chief responsibilty for carrying out the state’s Election Code is vested on a chief elections officer, commonly referred to as “Secretary of State” (or other state cabinet-level official) who is elected for a term of 2 to 4 years. In some states the responsibility is vested in the state’s Attorney General or in a State Board of Elections. State officials usually provide information services and technical support to local election jurisdictions but seldom participate in the day-to-day administration of an election.

LOCAL GOVERNMENTS

Local jurisdictions administer elections within the framework of state laws and regulations that provide for differing degrees of local control over how elections are conducted, including voting equipment to be used, ballot design, and voter identification requirements at polling places. One of the primary responsibilities of local election officials is to recruit, train, assign, and compensate permanent and temporary personnel. These personnel may include: voting equipment operators, voter registrars, absentee ballot clerks, polling place workers, and Election Day phone bank operators.

The responsibility of conducting elections at the local level may be vested in county or town clerks, registrars, supervisors, election boards, bureaus, or commissions or some combination thereof. Officials may be elected, appointed, or be professional employees.