elections

Elections are processes through which eligible citizens vote on candidates for public office or on ballot issues. Once votes are cast, they are counted to determine an official outcome. There are two main types of public elections: general elections, which occur at regular intervals, and special elections, which are held when necessary outside the regular schedule. For example, a special election may be held to fill a vacant seat or to vote on a referendum.

Congressional Elections

The U.S. Constitution gives states significant control over the election process. Each state creates its own election laws and procedures for conducting federal elections. These rules vary across states, including how and when citizens vote. While voters have always elected members of the U.S. House of Representatives directly, U.S. Senators were chosen by state legislatures until the Seventeenth Amendment was ratified in 1913, requiring direct elections for the Senate.

Presidential Elections and the Electoral College

In presidential elections, voters in each state choose a slate of electors pledged to a presidential candidate. This process is governed by Article II, Section 1 of the Constitution. After the popular vote, electors from all states form the Electoral College and cast their votes for President and Vice President.

The number of electors per state equals its number of Representatives plus two Senators. These totals are based on population, as determined by the national census every ten years. Most states use a winner-take-all system, awarding all electors to the candidate with the most votes. Maine and Nebraska allocate electors by congressional district and award two additional votes to the statewide winner, allowing for split electoral results.

There is no federal law requiring electors to vote according to their state's popular vote, though 26 states have such laws. In most elections, the Electoral College result aligns with the national popular vote, but in 1824, 1876, 1888, 2000, and 2016, the winner of the presidency lost the popular vote.

Constitutional Amendments and Federal Laws

Seven of the 27 constitutional amendments relate to elections. Key examples include:

The Voting Rights Act of 1965 (VRA) was a major federal law aimed at protecting minority voting rights. It banned literacy tests, required multilingual materials in certain jurisdictions, and imposed preclearance rules under Section 5, which required some states and counties to get federal approval before changing voting laws. In Shelby County v. Holder (2013), the Supreme Court struck down the formula in Section 4(b) that determined which jurisdictions were subject to preclearance, significantly weakening Section 5. 

Campaign Finance Reform

The Federal Election Campaign Act (FECA) of 1971 increased disclosure requirements and established the Federal Elections Commission (FEC). In Buckley v. Valeo (1976), the Supreme Court upheld limits on campaign contributions but struck down limits on personal campaign spending as violations of free speech.

The Bipartisan Campaign Reform Act (BCRA) of 2002, also known as McCain-Feingold, amended FECA and other laws to ban corporate and union-funded electioneering ads within 30 days of a primary or 60 days of a general election. In McConnell v. FEC (2003), the Court upheld these restrictions, but later decisions limited them.

In FEC v. Wisconsin Right to Life, Inc. (2007), the Court struck down parts of the BCRA that restricted issue ads not explicitly advocating for or against a candidate. In Davis v. FEC (2008), the Court invalidated the BCRA’s “Millionaire’s Amendment,” which had allowed higher contribution limits for candidates facing wealthy opponents.

In Citizens United v. FEC (2010), the Court ruled that corporate and union funding of independent political broadcasts could not be limited under the First Amendment. This invalidated the BCRA’s electioneering communication ban in 52 U.S.C. § 30118.

Most recently, in FEC v. Ted Cruz for Senate (2022), the Court struck down a provision of the BCRA that limited the use of post-election donations to repay candidate loans, holding that the restriction discouraged candidates from self-financing and thus burdened political speech.

Other Voting Laws and Trends

The National Voter Registration Act of 1993, also known as the “motor voter” law, allows citizens to register to vote when applying for a driver's license. Other laws have improved access for military personnel, overseas citizens, and voters who are elderly or disabled.

COVID-19 and the 2020 Election

The pandemic led many states to modify voting procedures, including changes to absentee voting and voter ID requirements. In the aftermath of the 2020 election, some states introduced stricter voting laws, while others expanded access. In 2024, legislatures in 40 states considered at least 317 restrictive voting bills; 10 states enacted 19 restrictive laws, and 21 states enacted 32 laws expanding voting access. (See Voting Laws Roundup 2024 in Review: Brennan Center for Justice). 

As of 2025, many states continue to revise their election procedures in response to recent litigation, redistricting outcomes, partisan debates over election security and voter access, and responses to the use of artificial intelligence in political advertising, particularly concerning deceptive content or deepfakes that may affect voter perception.

Federal Material

U.S. Constitution
U.S. Constitution Annotated
Federal Statutes
Federal Regulations
  • Code of Federal Regulations: Title 11 - Federal Elections
Federal Judicial Decisions

State Material

State Information

Additional References

[Last reviewed in July of 2025 by the Wex Definitions Team] 

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