Elections in the United States
Elections in the United States are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.
The country's election system is highly decentralized. While the U.S. Constitution does set parameters for the election of federal officials, state law, not federal, regulates most aspects of elections in the U.S., including primary elections, the eligibility of voters, the method of choosing presidential electors, as well as the running of state and local elections. All elections—federal, state, and local—are administered by the individual states, with many aspects of the system's operations delegated to the county or local level.
Under federal law, the general elections of the president and Congress occur on Election Day, the Tuesday after the first Monday of November. These federal general elections are held in even-numbered years, with presidential elections occurring every four years, and congressional elections occurring every two years. The general elections that are held two years after the presidential ones are referred to as the midterm elections. General elections for state and local offices are held at the discretion of the individual state and local governments, with many of these races coinciding with either presidential or midterm elections as a matter of convenience and cost saving, while other state and local races may occur during odd-numbered "off years". The date when primary elections for federal, state, and local races occur are also at the discretion of the individual state and local governments; presidential primaries in particular have historically been staggered between the states, beginning sometime in January or February, and ending about mid-June before the November general election.
The restriction and extension of voting rights to different groups has been a contested process throughout United States history. The federal government has also been involved in attempts to increase voter turnout, by measures such as the National Voter Registration Act of 1993. The financing of elections has also long been controversial, because private sources make up substantial amounts of campaign contributions, especially in federal elections. Voluntary public funding for candidates willing to accept spending limits was introduced in 1974 for presidential primaries and elections. The Federal Election Commission, created in 1975 by an amendment to the Federal Election Campaign Act, has the responsibility to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of U.S. presidential elections.
Voting in the United States is currently voluntary only at the federal, state and local levels. Efforts to make voting mandatory have been proposed.
Voting
Voting methods
A number of voting methods are used within the various jurisdictions in the United States, the most common of which is the first-past-the-post system, where the highest-polling candidate wins the election. Under this system, a candidate who achieves a plurality of vote wins. The State of Georgia uses a two-round system, where if no candidate receives a majority of votes, then there is a runoff between the two highest polling candidates.Since 2002, several cities have adopted instant-runoff voting. Voters rank the candidates in order of preference rather than voting for a single candidate. Under this system, if no candidate achieves more than half of votes cast, then the lowest polling candidate is eliminated, and their votes are distributed to the next preferred candidates. This process continues until one candidate achieves more than half the votes. In 2016, Maine became the first state to adopt instant-runoff voting statewide for its elections, although due to state constitutional provisions, the system is only used for federal elections and state primaries.
Eligibility
The eligibility of an individual for voting is set out in the constitution and also regulated at state level. The constitution states that suffrage cannot be denied on grounds of race or color, sex, or age for citizens eighteen years or older. Beyond these basic qualifications, it is the responsibility of state legislatures to regulate voter eligibility. Some states ban convicted criminals, especially felons, from voting for a fixed period of time or indefinitely. The number of American adults who are currently or permanently ineligible to vote due to felony convictions is estimated to be 5.3 million. Some states also have legacy constitutional statements barring those legally declared incompetent from voting; such references are generally considered obsolete and are being considered for review or removal where they appear.About 4.3 million American citizens that reside in Washington, D.C., Puerto Rico and other U.S. territories do not have the same level of federal representation as those that reside in the 50 U.S. states. These areas only have non-voting members in the U.S. House of Representatives and no representation in the U.S. Senate. Citizens in the U.S. territories are also not represented in the Electoral College and therefore cannot vote for the president. Those in Washington, D.C. are permitted to vote for the president because of the Twenty-third Amendment.
Voter registration
While the federal government has jurisdiction over federal elections, most election laws are decided at the state level. All U.S. states except North Dakota require that citizens who wish to vote be registered. In many states, voter registration takes place at the county or municipal level. Traditionally, voters had to register directly at state or local offices to vote, but in the mid-1990s, efforts were made by the federal government to make registering easier, in an attempt to increase turnout. The National Voter Registration Act of 1993 required state governments that receive certain types of federal funding to make the voter registration process easier by providing uniform registration services through drivers' license registration centers, disability centers, schools, libraries, and mail-in registration. Other states allow citizens same-day registration on Election Day.An estimated 50 million Americans are unregistered. It has been reported that registering to vote poses greater obstacles for low-income citizens, racial minorities and linguistic minorities, Native Americans, and persons with disabilities. International election observers have called on authorities in the U.S. to implement measures to remediate the high number of unregistered citizens.
In many states, citizens registering to vote may declare an affiliation with a political party. This declaration of affiliation does not cost money, and does not make the citizen a dues-paying member of a party. A party cannot prevent a voter from declaring his or her affiliation with them, but it can refuse requests for full membership. In some states, only voters affiliated with a party may vote in that party's primary elections. Declaring a party affiliation is never required. Some states, including Georgia, Michigan, Minnesota, Virginia, Wisconsin, and Washington, practice non-partisan registration.
Noncitizen voting
Federal law prohibits noncitizens from voting in federal elections.As of 2024, 7 state constitutions specifically state that "only" a citizen can vote in elections at any level in that state: Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio.
Voter ID laws
in the United States are laws that require a person to provide some form of official identification before they are permitted to register to vote, receive a ballot for an election, or to actually vote in elections in the United States.Proponents of voter ID laws argue that they reduce electoral fraud while placing only little burden on voters. Critics worry the costs to voters without IDs will outweigh unclear benefits it would have on real or perceived fraud.
Absentee and mail voting
Voters unable or unwilling to vote at polling stations on Election Day may vote via absentee ballots, depending on state law. Originally these ballots were for people who could not go to the polling place on election day. Now some states let them be used for convenience, but state laws still call them absentee ballots. Absentee ballots can be sent and returned by mail, or requested and submitted in person, or dropped off in locked boxes. About half the states and territories allow "no excuse absentee," where no reason is required to request an absentee ballot; others require a valid reason, such as infirmity or travel. Some states let voters with permanent disabilities apply for permanent absentee voter status, and some other states let all citizens apply for permanent status, so they will automatically receive an absentee ballot for each election. Otherwise a voter must request an absentee ballot before the election occurs.In Colorado, Hawaii, Oregon, Utah and Washington state, all ballots are delivered through the mail; in many other states there are counties or certain small elections where everyone votes by mail.
As of July 2020, 26 states allow designated agents to collect and submit ballots on behalf of another voter, whose identities are specified on a signed application. Usually such agents are family members or persons from the same residence. 13 states neither enable nor prohibit ballot collection as a matter of law. Among those that allow it, 12 have limits on how many ballots an agent may collect.
Americans living outside the United States, including active duty members of the armed forces stationed outside of their state of residency, may register and vote under the Uniformed and Overseas Citizens Absentee Voting Act. Almost half the states require these ballots to be returned by mail. Other states allow mail along with some combination of fax, or email; four states allow a web portal.
A significant measure to prevent some types of fraud has been to require the voter's signature on the outer envelope, which is compared to one or more signatures on file before taking the ballot out of the envelope and counting it.
Not all states have standards for signature review. There have been concerns that signatures are improperly rejected from young and minority voters at higher rates than others, with no or limited ability of voters to appeal the rejection. For other types of errors, experts estimate that while there is more fraud with absentee ballots than in-person voting, it has affected only a few local elections.
Following the 2020 United States presidential election, amidst disputes of its outcome, as a rationale behind litigation demanding a halt to official vote counting in some areas, allegations were made that vote counting is offshored. Former Trump Administration official Chris Krebs, head of the Cybersecurity and Infrastructure Security Agency during the election, said in a December 2020 interview that, "All votes in the United States of America are counted in the United States of America."
One documented trend is that in-person votes and early votes are more likely to lean to the Republican Party, while the provisional ballots, which are counted later, trend to the Democratic Party. This phenomenon is known as blue shift, and has led to situations where Republicans were winning on election night only to be overtaken by Democrats after all votes were counted. Foley did not find that mail-in or absentee votes favored either party.