Federal Role in U.S. Campaigns and Elections: An Overview
Released: 2018-09-04T00:00:00

Introduction

Since the 2016 election cycle, the policy community has focused on what roles the federal government plays—or could play—in protecting U.S. elections from foreign interference. Recent reports suggest that attempts to interfere with the 2018 election cycle also are under way. Congress is responsible for overseeing the federal presence in campaigns and elections, both with respect to traditional policy challenges and new ones.

This report is intended to help Congress understand how the statutes and agencies it has created affect U.S. campaigns and elections. Currently, no single agency or statute provides overarching coordination. As this report shows, at least 22 congressional committees; 17 federal departments or independent agencies (plus the Intelligence Community and the federal judiciary); 9 federal statutes; and several constitutional provisions can affect the federal role in campaigns and elections.

As this report discusses

The federal role in campaigns and elections is limited, but can be extensive in those areas in which the federal government is involved. Congress has expanded the federal role in campaigns and elections in the past 50 years, particularly in campaign finance and voting rights. Campaigns and elections are different things and are regulated differently. The federal government plays relatively little role in regulating campaigns, except for campaign finance. The federal government primarily supports states in administering elections. Existing campaigns and elections policy primarily focuses on electioneering and voting. Topics such as issue advocacy or general attempts to influence public opinion are not necessarily regulated under federal law that covers campaigns and elections. The Election Assistance Commission and Federal Election Commission are the only two agencies devoted solely to campaigns and elections. The Justice Department administers and enforces some elections statutes. Agencies such as the Department of Homeland Security are now more involved with elections than in the past. Several other agencies also play roles in campaigns and elections.

The following pages are based on CRS research of statutory references to campaigns and elections; legislative or other congressional activity; federal agency documents and websites; and media accounts. Citations appear throughout, including to other CRS products that provide additional detail. This report does not track legislation.

A Note on U.S. Code Citations

U.S. Code citations appear throughout this report. Title 52 citations reflect a 2014 "editorial reclassification" of federal election law. Some provisions noted in this report are now codified in Title 52 but were previously located in Titles 2 and 42 of the Code . As the Office of Law Revision Counsel (the House office that maintains the U.S. Code ) explains, "No statutory text is altered by such editorial reclassification projects, other than necessary updates to references to reflect the reorganization. Relevant provisions are merely transferred from one place to another in the Code."

Scope of the Report

The report addresses those areas of law and public policy that most directly and routinely affect federal campaigns and elections. It does not attempt to cover every instance of federal involvement in this policy area. Other agencies or provisions in law or regulation that are not addressed here might be relevant in specific cases. For example, a campaign finance investigation might involve banking law, but because banking law typically is not a campaign finance policy or election administration matter in the United States, the report does not address it. The report also excludes agencies that Congress generally has prohibited from elections involvement, or in which involvement has merely been proposed. The Securities and Exchange Commission (SEC), for example, meets both criteria.

As another CRS report explains, "evaluating the authority of Congress to establish standardized election procedures would appear to require a consideration of a variety of different proposals and scenarios." This report does not provide such a legal or constitutional analysis. In practice, the federal and state governments share responsibility for administering, regulating, or supporting campaigns and elections in the United States.

Finally, in some cases, the federal government's activities and authorities change over time, or new information becomes available. This report will be updated in the future to reflect major developments or new information.

Organization of the Report

Two themes organize the analysis: categories and roles . Categories refer to six broad policy areas discussed in the following pages. These include

campaign finance; election administration; election security; redistricting; qualifications and contested elections; and voting rights.

The report also briefly discusses other areas of law that can substantially affect campaigns, elections, or both. Roles refer to specific governmental responsibilities within the categories. These roles refer to what the federal government does to support, regulate, or fund aspects of U.S. campaigns or elections.

The Appendix at the end of this report lists the roles organized by category. For example, the Election Administration category includes the Voters—Registration role. Importantly, these categories and roles are not definitive, and not necessarily mutually exclusive. What one reader would characterize as Election Administration , another might view as more appropriately Voting Rights .

Campaigns and Elections

C ampaigns and elections are distinct concepts. This distinction affects the federal government's role in both. Practically and simply, campaigns are about persuading voters in an effort to win elections. Voters express their campaign preferences by casting ballots in elections. Except for campaign finance policy, U.S. campaigns are subject to relatively little regulation. Elections in the United States are highly regulated and primarily a state-level responsibility.

The Federal Government and Campaigns

There is no uniform standard for campaign conduct in the United States. Primarily, federal policy regulates how campaigns and related entities raise and spend money. Most regulation of campaign conduct rests in campaign finance law. This includes topics such as

permissible and prohibited sources of contributions and expenditures (including a broad prohibition on fundraising, spending, and certain campaign involvement by foreign nationals); contribution limits; permissible and prohibited uses of campaign funds; public disclosure of contributions and expenditures; and disclaimers required for political advertising.

Most of these provisions apply to a limited set of actors known as "political committees." These are candidate campaign committees, party committees, and political action committees (PACs). In addition, campaign finance policy primarily affects activities that explicitly advocate for election or defeat of political candidates, or, in some cases, certain preelection advertising that mentions candidates but does not explicitly call for election or defeat.

Other areas of law and regulation sometimes affect campaigns, but do not specifically address campaign conduct. For example, state or local property law might govern disputes over campaign assets. In general, however, barring some other provision of federal, state, or local law (such as corporate law, or law prohibiting race-based discrimination), federal campaign finance policy is silent on topics such as

campaign management, including strategy, theme, and message; field activities (e.g., get-out-the-vote [GOTV] efforts); voter targeting; strategic relationships among political committees and other organizations, provided that they do not violate prohibitions on coordination or result in prohibited in-kind contributions; use of political consultants and vendors; and commercial transactions, provided that they are at fair-market value.

Consequently, the federal government plays relatively little role in campaign conduct. As discussed below, the federal role in elections also is limited but far greater.

Federalism in Elections: Who Does What, In Brief

The federal role in elections is limited yet complicated. The Constitution and federalism limit the federal government's roles to specific tasks, many of which support states, territories, and localities. Within its purview, however, the federal government's duties can involve multiple statutes, agencies, and areas of public policy. Table 1 below provides a brief overview of the major functions performed by the federal government and by the states. The Appendix at the end of this report provides additional detail and cites relevant federal statutes.

Federal roles in elections include activities such as

providing Census Bureau data to the states to facilitate redistricting; since 2002, providing some funding to states to upgrade election equipment; facilitating voluntary information-sharing and "best practices" among states; regulating campaign finance in federal elections; prohibiting voter discrimination based on color, race, or language in U.S. elections; facilitating access to absentee voting by members of the uniformed services and overseas civilians, and their families; and assisting states with election security to respond to threats that are beyond normal state or local capabilities.

Most aspects of voting and administering elections are notably absent from this list because they fall to the states. In general, state and local government roles in elections include activities such as

managing and implementing all aspects of election administration and voting; choosing voting methods and purchasing equipment; determining voter eligibility and identification requirements, provided that they are consistent with federal law (e.g., do not discriminate based on race); and securing election systems and polling places.

To summarize, states, territories, and local election jurisdictions (often counties) do most of the work of administering federal elections. They also retain most authority over how those elections are conducted. The federal government primarily supports state, territorial, and local election jurisdictions. The federal government also is responsible for ensuring that state, territorial, and local jurisdictions administer their elections consistent with federal law.

The Constitution and Major Federal Statutes

The Constitution and federal statutes establish the federal role in U.S. campaigns and elections. The following discussion addresses constitutional provisions; statutes that primarily regulate campaigns and elections; and, finally, statutes that can affect campaigns and elections but primarily address other policy issues. The Appendix at the end of this report provides citations to other areas of law that may be relevant in specific cases but are not otherwise addressed in the report.

The Constitution

The U.S. Constitution recognizes states' primary roles in election administration but also provides specific powers and responsibilities for the federal government.

Article I sets criteria for House and Senate elections. In addition, the Elections Clause assigns states with setting the "Times, Places and Manner" for House and Senate elections, but also permits Congress to "make or alter such Regulations," except for the "Places of chusing Senators." Article I requires a decennial census, the basis of congressional apportionment. Subsequent amendments (discussed below) affect some of these provisions. Article I also grants the House and Senate authority over "Judg[ing] the Elections" for each chamber. Article II sets criteria for presidential elections. This includes allocating presidential electors among the states, permitting Congress to "determine the Time of chusing" presidential electors, and specifying that Congress may determine a nationwide date for presidential electors to cast ballots. The Twelfth Amendment altered the original presidential and vice-presidential election process. The Fourteenth Amendment contains the Equal Protection Clause (Section 1), the basis for some voting rights claims; and specifies the method for House apportionment (Section 2). The Fifteenth Amendment prohibits race-based disenfranchisement. The Nineteenth Amendment prohibits sex-based disenfranchisement. The Twenty-third Amendment provides electoral college votes to the District of Columbia. The Twenty-fourth Amendment prohibits poll taxes in federal elections. The Twenty-sixth Amendment, ratified in 1971 amid controversy over the Vietnam War draft, grants 18-year-olds voting rights.

Major Federal Statutes that Regulate Campaigns and Elections

At least nine major statutes substantially affect the federal role in U.S. campaigns and elections. This section provides brief highlights of each, and cites other CRS products that contain additional detail.

Campaign Finance

Federal Election Campaign Act

Modern campaign finance law dates to the 1970s, with the 1971 enactment of the Federal Election Campaign Act (FECA) and major amendments in 1974, 1976, and 1979. Collectively, these provisions

established limits on sources and amounts of campaign contributions; mandated public reporting ("disclosure") requirements to document financial transactions; and created the Federal Election Commission as the nation's civil campaign finance enforcement agency.

Congress enacted the most significant amendment to FECA to date in 2002, via the Bipartisan Campaign Reform Act (BCRA). Among other provisions, the act

banned national parties, federal candidates, and officeholders from raising "soft money" in federal elections; increased most contribution limits; and placed additional restrictions on preelection issue advocacy known as "electioneering communications."

Major litigation affected interpretation of these statutes and of some others discussed in this report. Other CRS products contain additional information.

Election Administration

Help America Vote Act

Congress enacted the Help America Vote Act (HAVA) in 2002, after the disputed 2000 presidential election raised concerns about election administration, ballot design, and voting equipment around the country. HAVA remains the nation's primary federal statute devoted to election administration. Among other provisions, HAVA

authorized payments to help states improve election administration, and to replace punchcard and lever voting machines; required states to establish statewide voter registration databases, provide polling-place access to disabled voters, and provide provisional ballots to voters whose eligibility is unclear, among other requirements; transferred the Federal Election Commission's previous election administration functions to a new independent agency, the Election Assistance Commission (EAC); required the EAC to disburse the federal payments to states; charged the EAC with conducting research on election administration and developing voluntary voting system guidelines (VVSG) for election equipment, and with accrediting testing laboratories and certifying election equipment; generally prohibited the EAC from engaging in rulemaking; established working relationships between the EAC and several other governmental and nongovernmental entities, including through a Standards Board and Board of Advisors (which includes representatives from various federal agencies), and a Technical Guidelines Development Committee (TGDC) to review the VVSG and provide input on election "best practices"; provided the Justice Department with enforcement authority; and expanded protections for military and overseas voters' access to election information and absentee ballots.

National Voter Registration Act

Congress enacted the National Voter Registration Act (NVRA, sometimes called the "Motor-Voter" law) in 1993. Some provisions in NVRA originated in other statutes enacted previously. In brief, current major NVRA provisions include

requiring states to provide voter-registration materials at certain governmental agencies, such as motor-vehicle and social service agencies; requiring states to accept registration applications by mail using a federal form; restricting removing voters from registration lists (e.g., "purging") in certain circumstances, and regulating some practices that states may use to maintain their registration lists; permitting voters who have moved within voting jurisdictions to correct an address at the polling place or a central location (the "fail-safe" provisions); and requiring states to designate a chief state election official for purposes of the act (and which is sometimes cross-referenced in other law or legislation that affects states).

Parts of the act also interact with provisions found in the Uniformed and Overseas Citizens Absentee Voting Act and the Voting Rights Act, both of which are discussed below. The Justice Department is responsible for civil NVRA enforcement.

Uniformed and Overseas Citizens Absentee Voting Act

Congress has enacted laws to help members of the military vote since the Civil War. Current provisions, which also cover overseas civilians, appear in the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Congress most recently substantially amended UOCAVA in 2009, when it included provisions in stand-alone measure S. 1415 , the Military and Overseas Voter Empowerment (MOVE) Act in the FY2010 National Defense Authorization Act (NDAA). In brief, the current statute

applies to eligible members of the U.S. military and of some other "uniformed services," who are serving away from their residence for voting purposes, and to their spouses and dependents, and to overseas civilians; encourages or requires states to make registration and voting easier for military voters, overseas citizens, or both, such as through accepting single absentee-ballot requests for multiple elections, accepting a federal write-in absentee ballot (FWAB), accepting registrations and ballots without notarization, and processing UOCAVA absentee ballots expeditiously; and through HAVA amendments to UOCAVA, directs the Secretary of Defense to conduct outreach concerning military voting and to provide registration and voting assistance to servicemembers.

The Justice Department is responsible for civil enforcement of some UOCAVA provisions.

Qualifications and Contested Elections

Electoral Count Act

Congress enacted the Electoral Count Act in 1887. This statute, as amended, and the Twelfth Amendment to the U.S. Constitution, establish a timeline and procedures for electoral college action, and for the joint session of Congress that convenes to certify the electoral college results.

Federal Contested Elections Act

U.S. constitutional provisions discussed elsewhere in this report address qualifications and vacancies among federal officeholders. State law also covers some scenarios. The Federal Contested Elections Act (FCEA) applies to contested U.S. House elections, as do constitutional provisions and chamber rules. FCEA, enacted in 1969, primarily concerns procedural and judicial provisions that govern House contests. FCEA does not cover contested Member-elect qualifications or eligibility.

Voting Rights

For more than 50 years, nowhere has the federal government been more involved in election administration than with protecting voting rights. Enactment of modern federal law to protect access to registration and the ballot followed more than a century of national struggle on politics and race. More recently, Congress has enacted federal law designed to make registering to vote, and being able to cast ballots, easier for those who are blind, disabled, or elderly.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA), enacted in 1990, prohibits disability-based discrimination in a variety of public and private services, most of which are beyond the scope of this report. The law does not specifically address elections, but Justice Department regulations implementing the statute require accessible public programs and services. The ADA and Justice Department regulations implementing Title II of the act are therefore sometimes included in discussions of federal provisions requiring accessible polling places.

Voting Accessibility for the Elderly and Handicapped Act

Congress enacted the Voting Accessibility for the Elderly and Handicapped Act (VAEHA) in 1984. VAEHA generally requires states to

make polling places and registration locations accessible to disabled or elderly voters, or to provide an alternate voting method; and provide registration and voting aids for disabled or elderly voters.

The Justice Department enforces these provisions.

Voting Rights Act

Congress originally enacted the Voting Rights Act (VRA) in 1965, at the height of the civil rights movement and amid violent voter suppression in some states. Congress extended or expanded the VRA several times between 1970 and 2006. The 2013 Supreme Court decision in Shelby County v. Holder substantially affected the two sections of the VRA, although the case explicitly addressed only one. Specifically, in Shelby County , the Court invalidated Section 4(b) of the VRA. This section of the act contained a coverage formula that identified jurisdictions within states, and some entire states, that had previously engaged in discrimination or contained minority-language populations that Congress determined warranted additional federal voting protections. Under Section 5 of the act, the U.S. Attorney General or the U.S. District Court for the District of Columbia had to approve in advance ("preclear") voting changes (e.g., changes in polling places) in those jurisdictions. Although the Court did not invalidate Section 5, it is inoperable now that Section 4(b) has been invalidated.

Currently, among other provisions, the VRA

prohibits states and other jurisdictions ("political subdivisions") from using race- or color-based qualifications, standards, or practices in registration, voting, or redistricting; prohibits previous tools used to disenfranchise voters, such as poll taxes or literacy tests; permits voting assistance and promotes polling place access for elderly and disabled voters; permits the Justice Department to monitor elections to protect voting rights; and requires the U.S. Census Bureau to conduct post-election surveys about voter registration and participation by age, race, and national origin in covered jurisdictions.

Redistricting

Constitutional provisions establish the decennial census, apportionment, and redistricting. Federal statutes codify those provisions. Also, as noted previously, the Voting Rights Act prohibits using race, color, or minority language status to discriminate against voters (e.g., vote dilution), including in redistricting.

Other Areas of Law that Can Substantially Affect Campaigns and Elections

At least four other areas of law also can affect campaigns, elections, or both.

Various criminal provisions apply to prohibited election conduct. Some of these provisions are codified in laws cited elsewhere in this report; some appear in Title 18 of the U.S. Code . The Justice Department investigates and enforces these provisions, and some civil ones related to elections. Title 18 also provides the U.S. Secret Service with authority for protecting major presidential candidates. Among other criminal provisions related to campaigns and elections, federal law prohibits intimidation, threats, and coercion in voter registration, voter assistance, or voting; fraudulent voter registration and election tabulation; using government authority to interfere with the nomination process or election results; foreign nationals (except permanent resident aliens) from making campaign contributions or expenditures; noncitizen ("alien") voting in federal elections; coercion of political activity in federal employment; and generally, a military role in elections. Federal tax law, housed in the Internal Revenue Code (IRC; Title 26 of the U.S. Code ), has three major implications for campaign finance policy. First, the IRC contains statutory provisions that authorize the presidential public financing program. Second, the IRC establishes the limited circumstances under which political campaigns, parties, and political action committees are subject to taxation. Third, the IRC requires that politically active tax-exempt social welfare groups, labor unions, and trade associations not primarily be engaged in campaign intervention. Most regulation of political advertising appears in campaign finance law. Some provisions also appear in telecommunications statutes. In particular, the "lowest unit charge" (sometimes also called the "lowest unit rate") provision in telecommunications law permits candidates to purchase preemptible broadcast advertising at the most favorable rates provided to commercial advertisers for the same class of time (e.g., length and time of day). Telecommunications law also requires broadcasters to maintain a "political file" (sometimes also called the "public file") of candidate requests for advertising purchases. Homeland security and cybersecurity statutes provide authority for the Department of Homeland Security's, the Intelligence Community's, and federal law enforcement agencies' involvement in elections, but do not directly address campaigns or elections. The 2017 critical infrastructure designation discussed in the " Department of Homeland Security " section of this report and in other CRS products has established new elections roles for the agency.

Additional provisions appear in the Appendix at the end of this report.

Federal Government Roles

Congress

As discussed below, Congress affects elections—and vice versa—in several respects. In addition to Members being candidates themselves, Representatives and Senators

legislate in and oversee policy areas ranging from those that are central to campaigns and elections, such as campaign finance or voting rights, to those that affect campaigns and elections in some cases, such as cybersecurity; appropriate federal funds to support election administration; and execute constitutional duties related to elections, including counting electoral college ballots in presidential elections, and considering contested elections.

Members of congressional leadership also influence, formally or informally, appointments to the Election Assistance Commission, Federal Election Commission, and other agencies involved in campaigns and elections. The Senate provides advice and consent as required by statute or the Constitution.

Table 2 provides a brief overview of these and other duties.

Congressional Committees Primarily Responsible for Overseeing Federal Campaigns and Elections

At least 22 congressional committees potentially have roles in overseeing or appropriating funds for the federal role in U.S. campaigns and elections, as shown in Table 3 .

The Committee on House Administration and Senate Committee on Rules and Administration exercise primary jurisdiction over federal elections. They also are the primary oversight committees for the Election Assistance Commission (EAC) and the Federal Election Commission (FEC). Both committees also have jurisdiction over election contests within their respective chambers. They also provide guidance, along with the House and Senate Ethics Committees, on how chamber rules might affect Member and staff actions (e.g., franking) regarding campaigns and elections. In recent years, Congress has appropriated funds for the EAC and FEC through the Financial Services and General Government (FSGG) portions of omnibus appropriations laws.

Other policy matters related to campaigns, elections, or both sometimes arise in other committees' legislative, oversight, or appropriations work. Table 3 contains a brief sample.

Most Elements of Election Law Apply Uniformly to Both Chambers

Most federal election law applies to all federal elections. The same is generally true for campaign finance law regulating campaigns. There are, however, limited circumstances in which the House and Senate have established specific requirements for each chamber. For example, air-travel provisions of the Honest Leadership and Open Government Act (HLOGA, which amended FECA) apply differently to the House and Senate. Similarly, FECA specifies that Senate political committees file disclosure reports on paper and with the Secretary of the Senate. Other federal political committees file electronically with the FEC. The two chambers typically defer to one another on issues only affecting the House or Senate.

Chamber Rules and Campaigns and Elections

House and Senate rules govern some Member and staff conduct during federal campaigns and elections. Examples include prohibitions on campaign activity in congressional offices and preelection "blackout" periods for certain franked communications. The Committee on House Administration and the Senate Rules and Administration Committee, and the House and Senate Ethics Committees, provide guidance on how chamber rules might affect Member and staff activity.

Federal Agencies

This section briefly summarizes federal agencies that are substantially involved in regulating or supporting U.S. campaigns or federal elections. This report does not attempt to provide a detailed discussion of these roles, nor does it address issues beyond these agencies' elections responsibilities. Other agencies not addressed here might be relevant in specific circumstances. The discussion is divided into two sections: those agencies whose primary duties concern campaigns or elections; and those that primarily serve other policy areas, but that also have secondary elections duties. Table 4 provides a brief overview; more detailed discussion follows the table.

Agencies with Primary Roles in Federal Campaigns and Elections

Election Assistance Commission

Congress established the Election Assistance Commission (EAC) in 2002, when it enacted the Help America Vote Act (HAVA). The EAC is the sole federal agency devoted to election administration. Major EAC functions include the following:

The agency coordinates best-practice information with states and provides voluntary certification of election equipment. Congress tasked the EAC with distributing HAVA federal funding. EAC commissioners serve on the Election Infrastructure Subsector Government Coordinating Council (EIS GCC). The EIS GCC coordinates information-sharing with other federal agencies; with state, territorial, and local election administrators; and with other subsectors. Additional information appears in the " Department of Homeland Security " section of this report. HAVA generally prohibits the EAC from engaging in rulemaking.

Federal Election Commission

The Federal Election Commission (FEC) is the only federal agency with a significant regulatory role affecting political campaigns. Among other duties, the FEC

enforces civil aspects of federal campaign finance law; administers disclosure of federal campaign finance reports; administers the presidential public financing program for candidates who choose to participate; and provides compliance guidance to regulated parties (e.g., candidates) and the public.

Agencies with Secondary Roles in Federal Campaigns and Elections

Department of Commerce

Decennial census data produced by the Department of Commerce's (DOC's) Census Bureau are the basis for congressional apportionment and redistricting. The Census Bureau conducts post-election surveys about voter registration and participation as required by the Voting Rights Act. DOC's National Institutes of Standards and Technology (NIST) provides technical assistance to other agencies involved in elections. In particular, this includes advising on the EAC's Voluntary Voting System Guidelines (VVSG) and consulting with the Defense Department's Federal Voting Assistance Program regarding topics such as cybersecurity and electronic ballot transmission. The NIST director chairs the EAC's Technical Guidelines Development Committee (TGDC), which assists the EAC with development of the VVSG, and provides other technical guidance to the commission.

Department of Defense

Federal law and American political culture generally limits military involvement in federal elections. The Defense Department's (DOD's) primary role in U.S. elections concerns facilitating ballot access for military servicemembers. DOD's Federal Voting Assistance Program (FVAP) administers UOCAVA. As noted previously, UOCAVA is designed to ensure that members of the uniformed services and overseas civilians have timely access to federal ballots. Mail to military personnel can be handled by the U.S. Postal Service (USPS; discussed below) and by the DOD's Military Postal Service Agency (MPSA). The FVAP director serves on the EAC's Board of Advisors. In some cases, DOD entities are involved in countering foreign threats to U.S. elections, such as through contributions to the Intelligence Community or other coordination with federal agencies (e.g., the State Department, as noted below). Some National Guard units have assisted states with election cybersecurity. Congress has authorized DOD to include elections cybersecurity vulnerabilities in exercises, in consultation with DHS and if states agree to participate.

Department of Health and Human Services

Some of the HAVA funding discussed in the " Help America Vote Act " section above was designated for improving voting access for disabled people, and for "protection and advocacy" payments to support voting among disabled Americans. Congress assigned the Department of Health and Human Services (HHS) with distributing those funds.

Department of Homeland Security

The Department of Homeland Security's (DHS's) role in elections has grown significantly in recent years. DHS's most substantial involvement in elections stems from Secretary Jeh Johnson's January 2017 decision to designate U.S. elections infrastructure as "critical infrastructure."

The designation applies to databases and information technology (IT) systems that support voter registration and election management, and to polling places and early voting locations. It does not directly affect political campaigns, parties, etc. In general, the designation prioritizes DHS support for election jurisdictions. This includes information-sharing on threats; monitoring election systems; conducting vulnerability assessments; and assistance identifying or responding to threats (e.g., cyberattacks). DHS serves as the "Sector-Specific Agency" (SSA) for the Elections Infrastructure Subsector (EIS) within the Government Facilities Sector. As SSA, DHS coordinates information-sharing among various governmental and nongovernmental entities (e.g., vendors) responsible for election administration. In this role, DHS also coordinates activities for the EIS Government Coordinating Council (GCC). The EIS GCC includes representatives from DHS, EAC, and state and local governments. DHS can also assist a Sector Coordinating Council (SCC), which consists of industry representatives (e.g., voting-machine manufacturers). The critical infrastructure designation does not give DHS regulatory authority over federal elections. Through an Election Task Force, DHS coordinates information-sharing and other work across the federal government supporting elections.

In addition to these elections-related duties, through the U.S. Secret Service (USSS), DHS protects major presidential candidates. The Secret Service is also the lead security agency for "national special security events" (NSSEs), such as presidential inaugurations and presidential nominating conventions.

Department of Justice

The Justice Department (DOJ) investigates and enforces aspects of federal law, including those concerning election crimes. Among other roles in federal elections, DOJ is responsible for the following:

DOJ investigates and enforces various aspects of election law, such as campaign finance criminal provisions, alleged vote fraud or intimidation, and civil aspects of HAVA, UOCAVA and the VRA. HAVA requires that DOJ representatives be among the EAC's Board of Advisors. Under an Obama Administration executive order, the department may work with the State Department and Department of the Treasury to administer sanctions responding to election interference. The Federal Bureau of Investigation (FBI), an agency within DOJ, may investigate alleged violations of campaign finance or elections laws, and other federal statutes. As noted in the " Intelligence Community " section of this report, the FBI contributed to an Intelligence Community Assessment that found evidence of foreign efforts to influence the 2016 federal elections.

Department of Labor

Annual financial reports filed with the Labor Department include certain union "political activities." These can include funds spent to support or oppose candidates among union members and their families. Similar information must be reported separately to the FEC.

Department of State

The State Department supports overseas civilian access to absentee ballots through UOCAVA, although FVAP (DOD) administers the program. The department's Global Engagement Center (GEC) is charged with coordinating government efforts to counter foreign propaganda and disinformation efforts aimed at undermining U.S. national security interests. GEC partners with other U.S. government agencies, including those within the State Department, at the Defense Department, and elsewhere. Under an Obama Administration executive order, the department may work with the Department of the Treasury and Justice Department to administer sanctions responding to election interference.

Department of the Treasury

The Department of the Treasury houses the Internal Revenue Service (IRS), which collects taxpayer designations for the Presidential Election Campaign Fund (PECF). The PECF provides public financing for presidential candidates who choose to receive funds under certain conditions. The FEC administers candidate participation in the program. Department of the Treasury agencies might also be involved in investigations of prohibited foreign influence in U.S. elections, such as through the Financial Crimes Reporting Network (FinCEN). The department may work with the Justice Department and State Department to administer sanctions responding to election interference.

Federal Communications Commission

As noted elsewhere in this report, political advertising regulation rests in campaign finance law administered by the Federal Election Commission, and criminally enforced by the Justice Department. The Federal Communications Commission (FCC) administers aspects of telecommunications law that permit candidates to purchase preemptible broadcast advertising and that require broadcasters to maintain publicly available files of requests for advertising purchases.

Intelligence Community

Several federal departments and agencies constitute the Intelligence Community (IC). Security issues covered by the IC may affect campaigns and elections. Detailed discussion of that activity is beyond the scope of this report. As the IC has explained, these activities notwithstanding, the IC focuses on "foreign actors; it does not analyze US political processes or US public opinion."

Reports of foreign interference in the 2016 election cycle increased federal attention to intelligence and security concerns that were not previously a major part of American campaigns or election administration. On January 6, 2017, the Office of the Director of National Intelligence (ODNI) released a declassified version of an Intelligence Community Assessment (ICA) containing information and analysis from the Central Intelligence Agency (CIA), FBI, and National Security Agency (NSA) regarding their assessment of Russian attempts to influence 2016-cycle U.S. elections. That assessment has been the focus of much of the congressional oversight and subsequent federal activity surrounding election security.

National Archives and Records Administration

The National Archives and Records Administration (NARA), Office of the Federal Register, administers communication with the states during the electoral college process. NARA transmits state election certificates to Congress for counting electoral college results during a joint session to determine the presidential election.

Office of Personnel Management

The VRA authorizes the Office of Personnel Management (OPM) to deploy federal election observers where ordered by a federal court or directed by the U.S. Attorney General. DOJ has determined that the 2013 Shelby County decision limits some of these provisions.

U.S. Access Board

The U.S. Access Board coordinates information to ensure equal access for disabled people to federally funded facilities and activities. The board consists of representatives from 12 federal departments, and private individuals. HAVA requires that Access Board members be appointed to the EAC's Board of Advisors and to the Technical Guidelines Development Committee.

U.S. Commission on Civil Rights

The U.S. Commission on Civil Rights investigates discrimination based on "color, race, religion, sex, age, disability, or national origin." This includes conducting research on voting and political participation. The VRA authorizes the commission to designate jurisdictions subject to Census Bureau post-election surveys. HAVA requires that Civil Rights Commission members be appointed to the EAC's Board of Advisors.

U.S. Postal Service

Election administrators and political campaigns (and parties, etc.) rely on the U.S. Postal Service (USPS) to transmit election mail and political mail. The former includes election-administration materials, such as absentee ballots, polling-place notices, etc. The latter refers to mailings advocating for political candidates, parties, etc. As noted previously, mail to military personnel can be handled by the USPS and by the MPSA (DOD).

The Federal Judiciary

Courts do not play policymaking or implementation roles in U.S. campaigns and elections. The judiciary's role is therefore largely beyond the scope of this report, as are legal issues. It is important to note, however, that courts can substantially affect interpretation of the statutes discussed above, and review agency implementation of those statutes. Federal law also assigns election-related duties to courts in specific cases, as noted briefly below.

Federal statutes provide expedited judicial review of complaints arising from some campaign finance and elections matters. Particularly on constitutional questions, which are especially prominent in areas such as protected political speech, judicial interpretation shapes the policy options available to Congress. The VRA permits federal courts to order the presence of federal election monitors or observers to protect against voting rights violations. Federal courts sometimes adjudicate elections disputes, such as contested election results or oversight of redistricting plans.

Frequent election-related litigation and the increasing frequency of legal specialties devoted to campaign finance and elections suggest that the courts will continue to play important roles in shaping federal regulation of campaigns and elections.

Conclusion

The federal presence in campaigns and elections does not necessarily mean federal power . The preceding pages confirm that the federal government does relatively little to actually administer elections. Where the federal government is involved, however, its presence can be extensive. Historically, the federal government has emphasized domestic campaigns and elections concerns. These include topics such as transparent campaign financing, protecting voting rights, and providing states funding to upgrade election equipment. New challenges, such as threats from foreign actors and through cyberattacks, suggest that the federal government's role in campaigns and elections is increasingly complex and interdisciplinary.

Currently, no single agency or statute provides overarching coordination for the federal presence in campaigns and elections. Only two small independent agencies—the EAC for election administration and the FEC for campaign finance—are devoted solely to campaigns and elections policy. Agencies such as DHS can bring security expertise to elections, but are not elections specialists, as are the EAC, FEC, or parts of DOJ. For some, greater coordination across statutes and agencies might be beneficial, while others likely will respond that the existing system is based on deliberately unique statutes and agency expertise.

Currently, regulating campaigns and elections depends on a clear connection to defeating or electing candidates, or to voting for or against those candidates. This report generally does not address some topics—such as issue advocacy or foreign propaganda—not because they are unimportant, but because Congress has chosen primarily to regulate them outside of campaigns and elections statutes. Congress could choose to broaden the kinds of conduct that are subject to regulation in campaign finance or election law in the future. If it does so, one or more of the statutes and agencies discussed in this report likely would be affected.

Appendix. Overview of Major Governmental Roles in U.S. Campaigns and Elections