Federal Election Law

The National Voter Registration Act (NVRA, or ‘Motor Voter’) was enacted in 1993. This law still stands as the primary law of the land for voting in the United States and has not been updated dramatically since Bill Clinton was President. Recent efforts, such as the SAVE Act introduced in 2024 in the House and Senate, look to clarify and codify guidelines for a fair election. Federal election law in the United States should be focused on three key areas:

#1

Accurate Voter Rolls

Voter rolls must accurately reflect the citizens eligible to vote in the location they are living. This includes cleaning the voter rolls for:

  • Duplicate registrations
  • Registrations for persons who are dead
  • Persons who have moved to another state
  • Persons who registered but were not legally registered to vote (for example, noncitizens, registered at a non-residential address, or a vacant address)
  • Persons who became unlawfully registered (felony conviction, court determination of incompetence)

#2

Transparent Process

Elections must be a transparent process, with fair and equal ability to witness every aspect of voting, tabulation, ballot processing, and the like. State laws should provide that such observers are to be equally authorized or designated by political parties or candidates, able to watch over one another.

#3

Valid Vote Counting

Election administrators must follow state laws requiring reconciliation of the number of votes to the number of voters to the number of ballots issued. After the canvass, election officials use various methods to certify results. In many states, a local board is responsible for canvassing and certifying election outcomes. In other states, this duty falls to the Chief Election Official. Additionally, several states have state canvassing boards tasked with aggregating local results and certifying the official state results. Some states assign this responsibility to a single official, such as the Secretary of State.

Key Resources