ABSTRACT

The conduct of federal elections is a federal function�as the Supreme Court reiterated just this year, states have no inherent or reserved powers over federal elections because federal elections only came into being when the United States Constitution was ratified.

Nonetheless, the framers of the Constitution foresaw a federal-state partnership in the administration of federal elections, and delegated to the states a substantial role in the conduct of those elections. Article 1, Section 4, of the U.S. Constitution states that: �The Times, Places and Manner of Holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.� And Article II, in conjunction with the Twelfth Amendment, provides that the states shall choose electors for the President and Vice President, but that �the Congress may determine the Time of chusing the Electors and the Day on which they shall give their Votes,� and specifies rules by which the Congress might settle contested presidential elections.

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