The federal government, however, also has significant authority to regulate how elections are run, and in many instances it has directed how states are to administer the election process. Congress could also decide to regulate even more fundamental aspects of federal elections. This report focuses on Congress's constitutional authority to regulate how states establish and implement election procedures. Congress, however, also has authority to regulate elections, and that authority may vary depending on whether the election is for the Presidency, the House, the Senate, or for state or local offices. Further, there may be variation in whether a particular aspect of an election, such as balloting procedures, is amenable to congressional regulation. Consequently, evaluating the authority of Congress to establish standardized election procedures would appear to require a consideration of a variety of different proposals and scenarios. Article II, §1, cl. Power as Regards Different Types of Elections

Although the Constitution is silent on various aspects of the voting process, the Constitution seems to anticipate that states would be primarily responsible for establishing procedures for elections. Federal authority to direct how states administer these regulations, however, is also provided for in the Constitution. Congress's power is at its most broad in the case of House elections, which have historically always been decided by a system of popular voting. The Court has stated that the authority to regulate the times, places, and manner of federal elections:
embrace[s] [the] authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns; in short, to enact the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved.... [Congress] has a general supervisory power over the whole subject. This helps explain why congressional power over Senate elections, while almost as broad as it is for House elections, contains one exception—that Congress may not regulate "the Places of chusing Senators." Presidential Elections

The power of Congress to regulate presidential elections is not as clearly established as the power over House and Senate elections. First, the text of the Constitution provides a more limited power to Congress in these situations. 4 provides only that Congress may determine the "time" of choosing presidential electors. The case law on this issue is ambiguous, although Congress's regulatory authority over presidential elections does seem to be more extensive than it might appear based on the text of the Constitution. 1 and Article II, Section 1, cl. In addition, it does appear that Congress's authority over a particular type of election may extend to the primaries for such election. For instance, the Civil War Amendments, the Nineteenth Amendment, the Twenty-fourth Amendment, and the Twenty-sixth Amendment all seek to prevent discrimination in access to voting, and authorize Congress to exercise power over federal, state, and local elections to implement these protections. As noted, one might ask whether the principles of the Tenth Amendment would apply in this circumstance, so that directing state agencies to implement federal regulations would violate the "anti-commandeering" requirements of the Tenth Amendment. 1 which clearly contemplates that states will have the burden of administering federal elections. The court in Edgar did note that there may be some theoretical limits to how Congress exercises its power under Article I, Section 4, cl.
In the United States, states have primary responsibility for the administration of federal elections. The federal government, however, has significant authority to determine how these elections are run, and may direct states to implement such federal regulations as the federal government provides. This authority can extend to registration, voting, reporting of results, or even more fundamental aspects of the election process such as redistricting. This report focuses on Congress's constitutional authority to regulate how states administer elections.
Congress's authority to regulate a particular type of election may vary depending on whether that election is for the Presidency, the House, the Senate, or for state and local positions. Further, there may be variations in what aspects of elections are amenable to regulation. Consequently, evaluating Congress's authority to establish election procedures requires an examination of a variety of different proposals and scenarios.
Although the Constitution is silent on various aspects of the voting process, it seems to anticipate that states would be primarily responsible for establishing election procedures. Federal authority to regulate federal elections, however, is specifically provided for in the Constitution. There are two main provisions at issue—Article I, Section 4, cl. 1, which provides Congress the authority to set the "Times, Places and Manner" of congressional elections, and Article II, Section 1, cl. 4, which provides that Congress may designate the "Time" for the choosing of Presidential Electors.
Congress's power is broadest in the case of House elections, which have historically always been decided by a system of popular voting. Congressional power over Senate elections, while almost as broad as it is for House elections, contains one textual exception—that Congress may not regulate "the Places of chusing Senators." On the other hand, the power of Congress to regulate presidential elections is not as clearly established as the power over House and Senate elections. As noted above, the text of the Constitution provides Congress only the limited power to designate the "Time" of the choosing of Presidential Electors. It does appear that Congress's regulatory authority over presidential elections is more extensive than might appear based on the text of Article II, Section 1, cl. 4. How much more extensive, however, remains unclear.
There are also a variety of other constitutional provisions that provide Congress the power to regulate all elections. This includes Congress's authority under the Civil War Amendments—Thirteenth, Fourteenth, and Fifteenth—and the Nineteenth, Twenty-fourth, and the Twenty-sixth Amendments, which provide Congress the power to prevent various types of discrimination in access to voting. Further, to the extent that there are gaps in Congress's power to regulate federal, state, or local elections, Congress might use the Spending Clause to condition the receipt of federal monies upon compliance with federal requirements. This power would extend to nonfederal elections, over which Congress has little textual authority.
It should be further noted that legislation in this area may require state agencies to implement federal election mandates. Such mandates, however, do not appear to run afoul of the "anti-commandeering" requirements of the Tenth Amendment, as the Constitution appears to contemplate that states will bear the burden of administering federal election regulations.