Election Interference Laws in the U.S.

Under the U.S. Constitution, states make their own election laws. State legislatures determine issues such as early voting, mail-in ballots, and ballot tabulation.

The federal government also controls some aspects of national voting. Article I, Section 4, of the Constitution specifies that states shall prescribe their own time, place, and manner of choosing senators and representatives. The U.S. Supreme Court ruled that this extends to other state elections as well.

The Constitution does not set an official Election Day. Congress has the power to select an official election date, which was set by law in 1845. Every administration has added new laws relating to voting rights and election interference.

Election Interference Explained

Election interference is any effort to change the outcome of an election, through lawful or unlawful means. Campaigning and electioneering are forms of election interference, though few people object to them. Unlawful election interference is any effort to violate voters’ civil rights through voter suppression, voter intimidation, fraud, or other means.

Other forms of electoral interference include campaign finance violations, media misconduct, and vote-buying. This article will review some recent changes to U.S. election interference laws and what they mean for the average voter.

Federal Election Laws

Federal election laws provide controls for national presidential elections and serve as the basis for state election laws.

The U.S. Code contains all federal election laws. Existing election interference laws include:

• 18 U.S.C. 242: Prohibits any government agent acting under color of authority from depriving any individual of their rights, including their right to vote
• 18 U.S.C. 245: Prohibits force or threats
• 18 U.S.C. 598: Prohibits the use of federal funds to interfere with the right to vote
• 52 U.S.C. 10307: Prohibiting fraud or coercion in registration or voting (part of the Voting Rights Act) and protecting election officials during vote tabulation and reporting

Executive Order 13848, signed in 2018, maintains sanctions against potential foreign interference by hostile nations. The effect of this order remains directed at other nations and does not affect internal elections.

The Federal Election Campaign Act

The Federal Election Commission (FEC) is a regulatory agency that enforces campaign finance laws. Federal law restricts how much donors may contribute to a candidate before and during an election, and how candidates can spend the money. One such law is the Federal Election Campaign Act (FECA). This act limits the amount of money a candidate or their committee can receive, and requires disclosure to the FEC.

Campaign finance violations under the FECA can include:

• Excess donations
• Money from prohibited sources (such as foreign donors)
• Using the funds for personal rather than campaign purposes

Part of the FECA involves limiting foreign interference in U.S. elections through contributions to candidates and Super PACs. Foreign nations and investors are strictly limited in how much they can contribute, and candidates must disclose what they receive.

Vote Buying

Vote buying, which is paying individuals to vote for or against a candidate or initiative, is a violation of 18 U.S.C. 597. Vote buying is a tricky legal issue, as it requires the actual purchase of a voter’s vote for money. Stunts such as Elon Musk’s offer to pay a jackpot to registered voters who signed a petition during the 2024 Presidential election walk the line between legal and illegal. The closer the effort is to Election Day and the higher its dollar value, the more likely it is to be unlawful.

Voter Suppression

The Voting Rights Act of 1965 and subsequent amendments attempted to eliminate racially based voter suppression by eliminating poll taxes, literacy tests, and other barriers to voting then rampant in Southern and some Northern states. In 2013, the Supreme Court struck down Section 4 of the Act, which required states to obtain “preclearance” from the federal government before changing their voting laws in Shelby County v. Holder. A number of state voter ID laws followed in the aftermath of that ruling.

Voter Intimidation

18 U.S.C. 245 forbids the use of “force or threat of force” to prevent anyone from voting, registering, or acting as an election official. Like other types of voter suppression, voter intimidation is difficult to define on paper. For instance, the presence of firearms at a polling station could be interpreted as voter intimidation.

Other types of voter intimidation can include:

• Aggressive questioning of voters about their citizenship or other qualifications, especially at the polling stations
• Spreading false information about voting requirements
• Holding oneself out as an election official and demanding photo ID or other documentation to approach the polls

Voter intimidation attempts to scare legitimate voters away from the polls to sway the election.

Electoral Fraud

Voter fraud and electoral fraud are among the most hotly contested forms of election interference in the U.S. today. Despite claims from both sides, the U.S. government has tallied fewer than 1,200 cases of electoral fraud in the past 25 years. This is from billions of votes cast at all levels of voting, from city council offices to national elections.

52 U.S.C. 10307 makes all forms of election fraud illegal. Election fraud can include:

• Casting more than one ballot
• Registering under a false name
• Casting a ballot with fraudulent information.
• Altering or tampering with ballots after the voter has placed them in the ballot box

Illegal votes are not counted, and the person responsible for them will face criminal charges.

Reporting Violations

Election interference is a state and federal offense. Both the U.S. government and state Secretary of State offices have links where voters can report suspected violations of voters’ rights.

If you see violations on Election Day, such as unlawful electioneering or voter intimidation at the polls, report them to the election officials overseeing that polling station. You can also report general unlawful activity to law enforcement.

Penalties

Election interference under these statutes is a felony offense. 52 U.S.C. § 20511 allows fines of up to $250,000, prison sentences of up to five years, or both.

Get Legal Advice From a Civil Rights Attorney

If you need assistance on any voting rights matter or believe you know of election interference taking place, contact a civil rights attorney in your state for legal guidance. It’s your right to cast a vote without interference.