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Federal Criminal Laws Prohibiting Unlawful Voting (CRS Report for Congress)

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Release Date Aug. 16, 2024
Report Number IF12742
Report Type In Focus
Authors Jimmy Balser
Source Agency Congressional Research Service
Summary:

While the U.S. Constitution charges the states with primary responsibility for regulating federal elections, it also provides that the federal government play a significant role in overseeing such elections. The Supreme Court has held that this role includes enacting laws to protect the integrity of federal elections. Smiley v. Holm, 285 U.S. 355, 366-67 (1932). This In Focus summarizes the federal government’s constitutional authority to criminalize conduct that undermines election integrity, provides a brief overview of the federal government’s jurisdiction to prosecute election crimes, and examines a few of the federal criminal laws that prohibit unlawful voting—fraudulent registration and voting, and unlawful voting by aliens. This In Focus also offers some considerations for Congress.