The
U.S. Constitution creates a shared authority between states and the federal government regarding election rules, but it grants states the primary responsibility for the "mechanics" of voting, including voter identification.State Authority (The Default)
Under Article I, Section 4 (the Elections Clause), the "Times, Places and Manner" of holding elections for Congress are prescribed by each state's legislature. This has historically given states the power to:
- Set Voter Qualifications: States generally determine eligibility, such as residency and registration requirements.
- Establish ID Rules: Because ID requirements fall under the "manner" of holding an election, states have the default authority to decide whether and what type of ID is needed.
- Constitutional Protection: The 10th Amendmentreserves powers not delegated to the federal government to the states, which includes the regulation of internal and state-level elections.
Federal Authority (The Override)
While states have primary control, the Constitution provides the federal government two significant ways to intervene:
- Congressional Override: The same Elections Clause (Art. I, Sec. 4) states that "Congress may at any time by Law make or alter such Regulations". This means Congress has the "paramount" power to override state rules for federal elections if it chooses to pass a national standard, such as the proposed SAVE America Act.
- Rights Enforcement: Amendments like the 14th (Equal Protection) and 15th (Right to Vote) give the federal government the power to strike down state voter ID laws if they are found to be discriminatory or if they place an "undue burden" on the fundamental right to vote.
Current Legal Status
- The Supreme Court ruled in Crawford v. Marion County Election Board (2008) that state-level photo ID laws are not, on their face, unconstitutional because states have a legitimate interest in preventing fraud.
- State Courts also play a role; the Supreme Court recently affirmed in Moore v. Harper (2023) that state legislatures are not "independent" and must still follow their own state constitutions when setting election rules.
In summary, the Constitution gives states the first say, but it gives Congress the final word for federal elections, provided those rules do not violate individual constitutional rights.
