the authority of federal rules to govern elections, primarily through the Elections Clause in Article I, Section 4, which grants Congress the power to regulate the "Times, Places and Manner of holding Elections for Senators and Representatives" and allows it to override state regulations.
The Supreme Court has consistently interpreted this clause to give Congress broad, "paramount" authority to preempt state election laws.
For example, in Arizona v. Inter Tribal Council of Arizona (2013), the Court held that the National Voter Registration Act of 1993 preempted an Arizona law requiring documentary proof of citizenship for voter registration, affirming that federal law can displace state rules in federal elections.
Additionally, in Foster v. Love (1997), the Court struck down a Louisiana law that effectively canceled general elections by declaring primary winners as final, because it conflicted with federal law setting a uniform Election Day.
The Court emphasized that state authority over federal elections exists only until Congress chooses to act, and federal law takes precedence.
This principle reinforces that federal rules can and do govern key aspects of election administration across states.
AI-generated answer. Please verify critical facts.
Voting & Elections Supreme Court Cases
https://supreme.justia.com/cases-by-topic/voting-elections/
Interpretation & Debate
Elections Clause
https://constitutioncenter.org/the-constitution/articles/article-i/clauses/750
U.S. Supreme Court Affirms State Courts’ Role in Election Cases
https://statecourtreport.org/our-work/analysis-opinion/us-supreme-court-affirms-state-courts-role-election-cases
ArtI.S4.C1.3 Congress and the Elections Clause
Article I, Section 4, Clause 1:
https://www.law.cornell.edu/constitution-conan/article-1/section-4/clause-1/congress-and-the-elections-clause
ArtI.S4.C1.2 States and the Elections Clause
Article I, Section 4, Clause 1:
https://www.law.cornell.edu/constitution-conan/article-1/section-4/clause-1/states-and-the-elections-clause
Trump's EO may be tossed out, but apparently there are instances where the feds can have a say in how elections are carried out.
Edited by JeffB at 19:16:14 on 08/31/25