The task force on constitutional and federal election law issues is currently developing a background report for the National Commission on Federal Election Reform. The report will aim to (i) synthesize the law in the area, (ii) point out particular legal issues the Commission might face in developing its proposals, and (iii) demonstrate how the laws might apply in practice through the presentation of sample hypothetical reform proposals. It is also preparing a separate report describing the different recount and contest procedures that are employed by different states. These reports will be widely circulated among election experts, interest groups, advocates and others with interest in these topics. After submission to the Commission, the reports will also be available to the public.

The legal task force is focusing on several major areas for its background report. For example, what is the proper legal and constitutional role of the federal government in regulating elections and enacting voting reform relative to states and localities? Under what provisions of the Constitution and federal law does the Congress derive such authority with respect to voting issues?

In addition, the legal task force is looking at current law covering voting rights and measures that have been enacted to ensure equal access to the vote. This includes examining the Voting Rights Act, motor voter legislation, the various legislation regarding access for the handicapped, and rules regarding overseas and military ballots. The task force will analyze whether these provisions are working effectively and the possibilities for improvements. Finally, in this respect, the task force will explore what the possible ramifications of the decision in Bush v. Gore are, especially regarding equal protection of voting rights within states.

Finally, the legal task force will look at the role of the media. What, if any, measures might be taken to limit media reporting of results or doing exit polling? Does the First Amendment permit, if anything, in this regard?

As the Commission undertakes it works, the task force will respond to questions the members have on an ongoing basis. For example, Commissioners may often have questions about the constitutionality or constitutional authority for a particular reform measure they are interested in.