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Election Law: Voting Rights and Campaign Finance

Federal & State Law Editorial Team

Overview of U.S. election law including the right to vote, voter registration, redistricting, campaign finance regulations, and election administration.

Election Law

The Right to Vote

The Constitution has been amended multiple times to expand voting rights:

  • 15th Amendment (1870): Prohibits denial of the right to vote based on race
  • 19th Amendment (1920): Extends voting rights to women
  • 24th Amendment (1964): Prohibits poll taxes in federal elections
  • 26th Amendment (1971): Lowers the voting age to 18
  • Voting Rights Act of 1965: Landmark federal legislation prohibiting racial discrimination in voting. Originally required certain states and jurisdictions with histories of discrimination to obtain federal approval (preclearance) before changing voting laws.

    Voter Registration

  • National Voter Registration Act (1993): Requires states to offer voter registration at DMVs and public assistance offices ("Motor Voter Act")
  • Same-Day Registration: Available in about 20 states, allowing registration on Election Day
  • Automatic Voter Registration: About 20 states automatically register eligible citizens when they interact with government agencies
  • Voter ID Laws: Requirements vary widely by state — from no ID required to strict photo ID
  • Campaign Finance

  • Federal Election Campaign Act (FECA): Requires disclosure of campaign contributions and expenditures
  • Citizens United v. FEC (2010): The Supreme Court ruled that corporations and unions can make unlimited independent expenditures on political speech
  • Individual Contribution Limits: $3,300 per candidate per election (2024), $41,300 per national party committee
  • Super PACs: Can raise and spend unlimited amounts but cannot coordinate with candidates
  • Redistricting

  • Congressional and state legislative districts are redrawn every 10 years after the Census
  • Gerrymandering: Manipulating district boundaries for political advantage
  • Racial Gerrymandering: Drawing districts primarily based on race is subject to strict scrutiny
  • Partisan Gerrymandering: The Supreme Court ruled in Rucho v. Common Cause (2019) that federal courts cannot review partisan gerrymandering claims