Federal election legislation

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Proposed federal legislation - House

Proposed federal legislation - Senate

Proposed federal legislation - House and Senate

Existing federal legislation

Federal legislation governing elections includes:

  • the Civil Rights Act of 1964, which barred unequal application of voter registration requirements
  • the Voting Rights Act of 1965, which:
    • outlawed the requirement that would-be voters in the United States take literacy tests to qualify to register to vote
    • provided for federal registration of voters -- instead of state or local voter registration which had often been denied to minorities and poor voters -- in areas that had less than 50% of eligible minority voters registered
    • provided for DOJ oversight over registration, and required DOJ approval for any change in voting law in certain jurisdictions with a history of discrimination
  • the 1969 Federal Contested Election Act
  • the 1971 Federal Election Campaign Act
  • the 1993 National Registration Act ("Motor Voter Act")
  • the 2002 Help America Vote Act ("HAVA")

These acts have been met with controversy. Some have argued against ceding state power over voting to the federal government on the grounds that doing so was antithetical to the rights of local people to govern themselves. Others have argued that the federal government would weaken state laws that protected voting rights. Still others have claimed that the consolidation of power and voting system uniformity at a higher level facilitates election fraud.

In 2006, Republicans from Southern districts singled out by the Voting Rights Act of 1965 threatened to prevent its extension. Their argument was that these districts no longer practice the discrimination they did twenty years earlier. However, the extension passed over their objections. Some have made the point that the Voting Rights Act could have been used to address districts with poor records of voting rights today, such as in Ohio. However, this argument never gained prominence.

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