Governing Relationships and Duties for Elections¶

Federal, State, and Local Authority Framework¶

Comprehensive Analysis for Municipal Election Integrity Ordinance Development

Executive Summary¶

The American election system operates under a decentralized federalist structure that creates one of the most complex electoral administration systems in the democratic world. Understanding this framework is essential for your Municipal Election Integrity Ordinance because it reveals both the constitutional basis for local election authority and the limits of federal power—including executive power—over election administration.

Key Structural Findings:

States have primary constitutional authority over election administration under Article I, Section 4 (Elections Clause) and Article II, Section 1 (Presidential Electors Clause)
Local governments (counties/municipalities) conduct the actual administration in most states—they run polling places, hire poll workers, manage voting equipment, and count ballots
The federal government has NO operational role in election administration—only regulatory authority through Congress and enforcement authority through DOJ
The President has essentially NO constitutional authority over elections beyond signing or vetoing legislation passed by Congress
Your ordinance operates in the strongest zone of local authority: management of municipal personnel and resources at polling places is a quintessential local function

Part I: Constitutional Framework¶

The Elections Clause (Article I, Section 4)¶

The primary constitutional provision governing federal elections:

"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."

Key Principles:

States have DEFAULT authority: State legislatures prescribe the rules
Congress has OVERRIDE authority: Congress may "make or alter" state regulations
This is a LEGISLATIVE power: Neither the President nor federal agencies have independent authority
"Manner" is broadly interpreted: Includes voter registration, ballot design, vote counting, and election administration procedures

The Presidential Electors Clause (Article II, Section 1, Clause 2)¶

Governs presidential elections specifically:

"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors..."

Key Principles:

States choose the method for selecting presidential electors
Legislature directs the manner (though "legislature" includes initiative processes per Arizona State Legislature v. AIRC (2015))
No federal operational role in presidential election administration

The Voting Rights Amendments¶

Constitutional amendments that expand federal enforcement authority while leaving administration with states:

Amendment	Year	Protection	Federal Enforcement
14^th	1868	Equal Protection; citizenship rights	Section 5 enforcement power
15^th	1870	Race cannot bar voting	Section 2 enforcement power
17^th	1913	Direct election of Senators	—
19^th	1920	Sex cannot bar voting	Section 2 enforcement power
23^rd	1961	D.C. electoral votes	—
24^th	1964	No poll taxes in federal elections	Section 2 enforcement power
26^th	1971	Voting age 18+	Section 2 enforcement power

Critical Point: Each enforcement clause grants power to Congress, not the President. Congressional enforcement authority is exercised through legislation, not executive action.

The Tenth Amendment¶

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Election administration—the actual conduct of elections—is a power reserved to the states under the Tenth Amendment because:

It is not delegated to the federal government
The Constitution explicitly assigns it to state legislatures
Historical practice confirms state/local administration since the founding

Part II: Division of Authority¶

FEDERAL GOVERNMENT¶

The federal government's role in elections is regulatory and enforcement-focused, not operational.

A. Congress (Legislative Branch)¶

Constitutional Authority: - Elections Clause: "make or alter" state election regulations - Enforcement clauses of voting rights amendments - Spending Clause: condition federal funds on compliance

Key Statutory Framework:

Statute	Year	Primary Requirements
Voting Rights Act (VRA)	1965	Section 2 nationwide discrimination ban; Section 203 language assistance; Section 208 voter assistance
National Voter Registration Act (NVRA)	1993	Motor voter registration; agency registration; mail registration; list maintenance standards
Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)	1986/2009	Military and overseas voter protections; ballot transmission deadlines
Help America Vote Act (HAVA)	2002	Statewide voter databases; provisional ballots; voting system standards; EAC creation
Americans with Disabilities Act (ADA)	1990	Polling place accessibility

Limits on Congressional Authority: - Cannot regulate state/local elections directly (only through spending conditions) - Cannot establish voter qualifications (states' authority under Art. I, § 2) - Cannot take over election administration (states must implement)

B. Executive Branch (President and Federal Agencies)¶

The President Has Essentially NO Constitutional Authority Over Elections

The President's only election-related powers: 1. Sign or veto election legislation passed by Congress 2. Direct federal agencies to enforce federal election laws (within statutory bounds) 3. Appoint federal officials (EAC commissioners, DOJ leadership, federal judges)

The President CANNOT: - Unilaterally change election rules - Direct how states conduct elections - Deploy military/federal agents to interfere with elections (prohibited by federal law) - Override state election administration decisions

Key Federal Agencies:

Agency	Role	Authority Source
Department of Justice (DOJ)	Enforce VRA, NVRA, HAVA; prosecute election crimes	Various federal statutes
Election Assistance Commission (EAC)	Develop voluntary guidelines; distribute HAVA funds; research	HAVA
Cybersecurity and Infrastructure Security Agency (CISA)	Election security assistance (voluntary)	Homeland Security Act
Federal Election Commission (FEC)	Campaign finance regulation	FECA

Critical Limitation: All agency authority derives from congressional statute, not inherent executive power. Agencies cannot exceed their statutory mandates.

C. Federal Judiciary¶

The federal courts' role is adjudicatory, not administrative:

Interpret constitutional voting rights provisions
Enforce federal election laws
Review state laws for constitutional compliance
In rare cases, may draw redistricting plans as remedy

Courts do NOT administer elections or direct day-to-day operations.

STATE GOVERNMENT¶

States are the primary level of election authority in the American system.

A. State Legislatures¶

Constitutional Authority: - Prescribe "Times, Places and Manner" of federal elections - Direct manner of appointing presidential electors - Establish voter qualifications (within constitutional limits) - Create state election codes and administrative structures

Typical Legislative Functions: - Set voter eligibility requirements - Establish registration procedures and deadlines - Determine voting methods (in-person, mail, early voting) - Create election administration structure - Appropriate funding for elections - Set penalties for election crimes

B. Chief State Election Officials¶

Every state has a chief election official responsible for statewide election administration. HAVA requires states to designate this official.

Typical Titles: - Secretary of State (37 states) - Lieutenant Governor (Alaska, Utah) - State Board/Commission (various states)

Selection Methods: - Elected statewide (most common) - Appointed by Governor - Appointed by Legislature - Ex-officio (position comes with another office)

Typical Responsibilities: - Certify statewide election results - Approve/certify voting systems - Maintain statewide voter registration database (HAVA requirement) - Provide guidance and training to local officials - Ensure compliance with federal requirements - Administer HAVA funds - Report to EAC under NVRA

C. State Election Boards/Commissions¶

Many states have boards or commissions with election authority:

State Boards of Elections: May have rule-making, oversight, or administrative authority
Certification Boards: Certify election results
Canvassing Boards: Review and certify vote counts

D. State Authority vs. Local Authority¶

The division of state-local authority varies significantly:

State-Administered Systems (less common): - State directly conducts election administration - Local officials act as agents of the state - Examples: Delaware, Hawaii, Rhode Island

Locally-Administered Systems (most common): - Counties or municipalities conduct elections - State provides oversight, guidance, and standards - Local officials have significant operational discretion

LOCAL GOVERNMENT¶

Counties and municipalities are the operational backbone of American elections.

A. County Election Officials¶

In most states, county officials conduct elections. The nation's 3,069 counties serve as the primary election administration units.

Typical Titles: - County Clerk - County Auditor - Registrar of Voters - Commissioner of Elections - Supervisor of Elections - Board of Elections

Selection Methods: - Elected by county voters (most common) - Appointed by county board/commission - Appointed by state officials - Hired as professional administrators

Core Responsibilities:

Function	Description
Voter Registration	Process applications; maintain local voter lists; coordinate with state database
Polling Place Management	Select locations; set up sites; ensure accessibility; provide security
Poll Worker Recruitment	Recruit, hire, train, and pay temporary election workers
Voting Equipment	Acquire, test, maintain, and deploy voting machines; ensure ballot availability
Ballot Administration	Design ballots; print/acquire ballots; process mail/absentee ballots
Vote Counting	Count ballots; tabulate results; conduct any required recounts
Result Certification	Certify local results; transmit to state; maintain records

B. Municipal Election Officials¶

In some states, cities and towns have independent election authority:

States with Significant Municipal Election Role: - Connecticut - Massachusetts - Michigan - Minnesota - New Hampshire - Vermont - Wisconsin

Municipal Officials: - City Clerk - Town Clerk - City Registrar - Municipal Board of Elections

Functions: - Same as county officials, but for municipal jurisdiction - May conduct elections for municipal offices separately from county/state elections - Coordinate with county for federal/state elections

C. Precinct-Level Officials (Poll Workers)¶

The most local level of election administration is the polling place itself:

Positions: - Precinct Inspector/Judge (supervises polling place) - Precinct Clerk (manages paperwork) - Election Judges (bipartisan pairs) - Equipment Operators - Greeters/Line Managers

Responsibilities: - Set up voting location - Verify voter eligibility - Issue ballots - Assist voters - Maintain order and security - Close polls and secure materials - Transmit results to county

Key Point for Your Ordinance: Poll workers are local government employees (temporary) whose duties are prescribed by state and local law. They are NOT federal employees and are NOT subject to federal executive direction.

Part III: The Funding Structure¶

Understanding who pays for elections reveals where operational authority lies.

Federal Funding¶

Historically Minimal: The federal government does not provide ongoing operational funding for elections.

HAVA Funding (one-time and periodic): - Congress authorized $3.65 billion in HAVA (2002) - Most distributed FY2003-FY2010 - Additional $380 million in March 2018 - $425 million in FY2020 (COVID response) - Various smaller amounts since

HAVA Funds Can Be Used For: - Voting system upgrades - Voter registration database improvements - Poll worker training - Accessibility improvements - Election security enhancements

Key Point: Federal funding is grants to states—states and localities determine how to use it within HAVA parameters.

State Funding¶

States contribute varying amounts to election administration:

Some states fund all or most election costs
Many states share costs with localities
Some states provide minimal funding, leaving costs to localities

Local Funding¶

Localities bear the primary financial burden of election administration in most states:

Polling place costs (rental, setup, equipment)
Poll worker wages
Voting equipment (purchase, maintenance, storage)
Ballot printing
Staff salaries
Postage for mail voting
Technology and security

Estimated Total: County election expenditures were approximately $1 billion in 2000—and have increased significantly since then due to technology upgrades, security requirements, and expanded voting options.

Key Point for Your Ordinance: Because localities fund and operate elections, they have strong authority over their own personnel and resources dedicated to election administration.

Part IV: Operational Functions Matrix¶

Who Does What?¶

Function	Federal	State	Local
Set Voter Qualifications	Constitutional limits only	Primary authority	Implement state law
Voter Registration	NVRA standards	State law; maintain database	Process applications; local lists
Polling Place Selection	ADA accessibility	State standards	SELECT AND OPERATE
Poll Worker Management	None	Training standards	HIRE, TRAIN, PAY, SUPERVISE
Voting Equipment	EAC voluntary guidelines	Certification; standards	PURCHASE, DEPLOY, MAINTAIN
Ballot Design	None	State standards	DESIGN AND PRODUCE
Early Voting	None	Authorize/require	IMPLEMENT
Mail Voting	UOCAVA for military/overseas	State law	ADMINISTER
Vote Counting	None	State law; certification	COUNT BALLOTS
Security	CISA voluntary assistance	State standards	IMPLEMENT LOCALLY
Certification	None	State certification	Local certification

Part V: Implications for Your Municipal Election Integrity Ordinance¶

The Constitutional Case for Local Authority¶

Your ordinance operates in a zone of strong local authority:

Polling Place Management Is a Local Function
Local officials select, set up, and manage polling places
This has been a local responsibility since the founding
States delegate this authority; federal government has no role
Personnel Decisions Are Quintessentially Local
Hiring, training, and directing poll workers is a local function
Municipal employees (including temporary election workers) are subject to municipal authority
The federal government cannot commandeer local officials (Printz v. United States)
Resource Allocation Is Core Home Rule Authority
Decisions about how to use municipal resources (police, facilities, equipment) are local decisions
Home rule municipalities have explicit authority over local affairs
Even Dillon's Rule states recognize local authority over municipal operations

The Federal Government's Limited Role¶

The President Cannot: - Direct local election officials - Require local cooperation with federal operations at polling places - Override local decisions about polling place management - Deploy armed personnel to polling places (18 U.S.C. § 592)

Federal Agencies Cannot: - Compel local officials to assist with non-election federal operations at polling places - Override state/local election administration decisions - Take operational control of polling places

Congress Has Not: - Authorized federal operational involvement in polling place management - Required local cooperation with federal law enforcement at polling places - Preempted local authority over election administration

Your Ordinance's Legal Foundation¶

Constitutional Basis: - Tenth Amendment: Election administration is a state/local power - Home Rule: Municipal authority over local affairs - Anti-Commandeering (Printz): Federal government cannot direct local officials

Statutory Basis: - 18 U.S.C. § 592: Federal personnel cannot be at polling places - 52 U.S.C. § 10307(b): Voter intimidation is prohibited - HAVA: Confirms state/local administration of elections

Operational Basis: - Local officials hire and direct poll workers - Local officials manage polling places - Local governments fund election operations - Local governments control municipal resources

Framing Your Ordinance¶

Position your ordinance as:

Implementing Federal Law: Ensuring compliance with 18 U.S.C. § 592
Exercising Core Local Authority: Managing municipal personnel and resources
Protecting Election Administration: Ensuring polling places serve their constitutional purpose
Supporting State Authority: Aligning with state election administration framework

Model Language:

"WHEREAS, the administration of elections is a function constitutionally assigned to states and implemented primarily by local governments;

WHEREAS, this municipality bears primary operational responsibility for managing polling places, hiring and directing poll workers, and ensuring orderly voting within our jurisdiction;

WHEREAS, federal law—specifically 18 U.S.C. § 592—prohibits armed federal personnel at polling places;

WHEREAS, the municipality has inherent authority under [cite state home rule provision] to manage municipal personnel and resources..."

Conclusion¶

The American election system's decentralized structure creates a strong constitutional and practical foundation for your Municipal Election Integrity Ordinance:

Elections are primarily a state and local function—the federal government has no operational role
Polling place management is quintessentially local—municipalities select, staff, and manage polling places
Personnel decisions are protected local authority—even the federal government cannot commandeer local officials
Federal law prohibits what your ordinance opposes—18 U.S.C. § 592 makes armed federal presence at polling places a federal felony
Your ordinance operates in the strongest zone of local authority—managing municipal resources is core home rule power

The clearest framing for your ordinance: Implementing federal election law through appropriate local resource management decisions. This is not defiance of federal authority—it is local government performing its constitutionally assigned function of administering elections in compliance with federal law.

Appendix: Key Legal Citations¶

Constitutional Provisions¶

U.S. Const. Art. I, § 4 — Elections Clause: Grants Congress authority to regulate the "Times, Places and Manner" of federal elections, but only by overriding state rules — not by directly administering them. States and localities retain the primary operational role unless Congress expressly displaces it. The Supreme Court in Arizona v. Inter Tribal Council (2013) confirmed this clause is the primary source of federal election authority.
U.S. Const. Art. II, § 1, cl. 2 — Presidential Electors Clause: Each state "shall appoint, in such Manner as the Legislature thereof may direct," a number of presidential electors. This clause vests exclusive authority over presidential elections in the states, entirely excluding federal executive branch involvement in how electors are chosen. It is one of the strongest textual bases for the principle that the federal executive cannot control state election machinery.
U.S. Const. Amend. XIV, § 1 — Equal Protection Clause: Prohibits states from denying any person equal protection of the laws. As applied to elections, it prohibits discriminatory administration of voting rules and is the foundation of the "one person, one vote" principle. Relevant here because equal protection doctrine has been used to challenge intimidation practices that deter participation of protected groups.
U.S. Const. Amend. XV — Right to Vote (Race): Prohibits denial of the right to vote on account of race, color, or previous condition of servitude. Enacted in 1870 as part of Reconstruction; the basis for the Voting Rights Act of 1965.
U.S. Const. Amend. XIX — Right to Vote (Sex): Prohibits denial of the right to vote on account of sex. Ratified in 1920.
U.S. Const. Amend. XXIV — Poll Tax Ban: Prohibits conditioning the right to vote in federal elections on payment of a poll tax or other tax. Ratified in 1964; extended to state elections by Harper v. Virginia Board of Elections (1966).
U.S. Const. Amend. XXVI — Right to Vote (Age): Extends the right to vote to citizens 18 years of age and older. Ratified in 1971 following Oregon v. Mitchell (1970).
U.S. Const. Amend. X — Reserved Powers: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The foundational basis for state authority over elections — the Constitution grants Congress only limited, specified election powers, leaving the residuum with the states.

Federal Statutes¶

18 U.S.C. § 592 — Troops at Polls: Makes it a federal felony — up to five years imprisonment plus fines and permanent disqualification from federal office — for any person "in the civil, military, or naval service of the United States" to "order, bring, keep, or have under his authority or control any troops or armed men at any place where a general or special election is held in any State." The only exception is "to repel armed enemies of the United States." Enacted during Reconstruction (1865) and never substantively amended. The primary statutory basis for the Municipal Election Integrity Ordinance.
52 U.S.C. §§ 10301–10702 — Voting Rights Act of 1965: The landmark federal voter protection statute. § 10307(b) (VRA § 11(b)) specifically prohibits "intimidat[ing], threaten[ing], or coerc[ing]" any person "for the purpose of interfering with the right of such other person to vote or to vote as he may choose." Courts have construed this broadly; no proof of intent to intimidate is required — the intimidating effect on voters suffices. The statute also authorizes the Attorney General to bring enforcement actions and provides a private right of action.
52 U.S.C. §§ 20501–20511 — National Voter Registration Act (NVRA, 1993): Requires states to offer voter registration through motor vehicle agencies, public assistance offices, and by mail. Establishes baseline federal standards for voter roll maintenance. Relevant to the governance framework because it demonstrates the layered federal–state–local system: federal law sets floors, states design systems, local offices administer them.
52 U.S.C. §§ 20901–21145 — Help America Vote Act (HAVA, 2002): Enacted after the 2000 election, HAVA provides federal funding for election administration improvements and sets minimum federal standards for provisional ballots, voting systems, and poll worker training. It created the Election Assistance Commission (EAC) as the federal body responsible for distributing HAVA funds and maintaining voluntary election standards. Critically, HAVA explicitly preserves state and local control over elections: § 21101 provides that "the responsibility for the administration of Federal elections and the power to implement and enforce the rights and remedies" remain with the states.
52 U.S.C. §§ 20301–20311 — Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA, 1986): Requires states to allow members of the military, merchant marine, and overseas citizens to register and vote absentee in federal elections. Administered by the Federal Voting Assistance Program (FVAP) within the Department of Defense.

Key Cases¶

Arizona State Legislature v. Arizona Independent Redistricting Commission, 576 U.S. 787 (2015): Held that the Elections Clause term "Legislature" includes any entity vested with legislative power by the state, including a voter-initiative-created commission. Relevant because it confirms that states have broad latitude to define the institutional structure through which they exercise their election authority, including delegation to local bodies.
Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1 (2013): Held that Arizona could not require proof of citizenship beyond the federal form for federal elections, because Congress had exercised its Elections Clause authority through the NVRA. Important for the preemption analysis: confirms that the Elections Clause is the primary source of federal election authority, and that state rules can be preempted only where Congress has explicitly acted — not simply because the federal government has interests in the area.
Printz v. United States, 521 U.S. 898 (1997): Held the Brady Act's requirement that state law enforcement officers conduct background checks violated the anti-commandeering doctrine. Justice Scalia's majority opinion established that "the Federal Government may not compel the States to enact or administer a federal regulatory program." This is the foundational anti-commandeering precedent protecting local governments from being required to assist federal immigration enforcement at polling places.
Oregon v. Mitchell, 400 U.S. 112 (1970): A fractured Supreme Court decision upholding Congress's authority under the Fourteenth and Fifteenth Amendments to lower the voting age to 18 for federal elections, while striking down the same provision for state elections. Led directly to the Twenty-Sixth Amendment (1971). Illustrates the constitutional distinction between federal and state election authority, and the limits on Congress's power to regulate state elections absent a specific constitutional grant.
Trump v. Illinois, 607 U.S. ___ (2025): Decided December 23, 2025, 6–3. Held that the Insurrection Act does not override the specific prohibitions of 18 U.S.C. § 592, because a general statute cannot implicitly repeal a specific one, and because the Insurrection Act cannot authorize conduct that independently constitutes a federal felony. See the Insurrection Act Analysis for detailed discussion.

Congressional Research Service Reports¶

These CRS reports are produced by nonpartisan analysts for Congress and are freely available through the CRS website and Congress.gov.

R45549 — The State and Local Role in Election Administration: Comprehensive overview of the division of election administration responsibilities between federal, state, and local governments. Confirms that polling place selection, poll worker hiring, and day-of-election management are entirely local functions.
R45030 — Federal Role in Voter Registration: Analysis of federal involvement in voter registration systems under the NVRA, HAVA, and related statutes. Documents the limits of federal authority over voter rolls — states and counties maintain the databases and make the decisions.
R46406 — Voter Registration Policy: Analysis of state voter registration policies and federal baseline requirements. Useful for documenting the operational realities of local election administration.
GAO-01-470 — Elections: The Scope of Congressional Authority in Election Administration: U.S. Government Accountability Office analysis of Congress's constitutional authority to regulate elections. Concludes that while Congress has authority to set certain federal election rules, the operational administration of elections — including polling places — remains a state and local function.