On Election Day, Americans vote on ballots designed by local officials, in polling places staffed by local volunteers, using equipment bought by counties and certified by states. This decentralized system was established by the Constitution and has survived every attempt to nationalize it, though federal law has steadily added protections and requirements.
This guide explains who does what, from Congress to the county clerk, and the debates over who should control election rules.
The Elections Clause in Article I lets each state legislature set the times, places, and manner of electing members of Congress, while allowing Congress to make or alter those rules. States also choose how to appoint presidential electors. Amendments bar denying the vote based on race, sex, poll taxes, or age for those 18 and older. In Moore v. Harper in 2023, the Supreme Court rejected the argument that state legislatures may set federal election rules free from review by state courts.
County clerks, election boards, and town officials do most of the work: registering voters, designing ballots, choosing polling places, recruiting and training poll workers, mailing and processing absentee ballots, and counting votes. Many are elected on partisan tickets, and others are appointed. Hundreds of thousands of temporary poll workers staff the polls, and many states allow observers from both parties to watch each step. After the 2020 election, many officials reported threats and harassment, and turnover rose.
The Voting Rights Act of 1965 bars racial discrimination in voting and is enforced by the Justice Department's Civil Rights Division. The National Voter Registration Act of 1993 requires registration at motor vehicle offices and sets rules for maintaining voter rolls. The Uniformed and Overseas Citizens Absentee Voting Act protects military and overseas voters, and the Help America Vote Act of 2002 created the Election Assistance Commission to fund equipment and set voluntary standards. The Federal Election Commission regulates campaign money, not election administration, and the Cybersecurity and Infrastructure Security Agency has helped states protect election systems.
In March 2025 the President issued an executive order directing the Election Assistance Commission to require documentary proof of citizenship on the federal registration form, pressing states not to count mail ballots received after Election Day, and conditioning some federal funds on compliance. States and voting groups sued, and on June 24, 2026, a federal court permanently blocked key provisions, holding that the Constitution gives election rules to the states and Congress, not the President. Supporters of the order said it protects election integrity and ensures only citizens vote, while opponents said noncitizen voting is rare and the order exceeded presidential power. Congress has debated legislation on proof of citizenship but has not enacted it.
In most states the secretary of state is the chief election official, while some states use an election board or commission. State officials certify voting equipment, maintain statewide voter registration databases, set ballot access rules, and certify results. State legislatures write election law, including rules on voter ID, early voting, mail ballots, and registration deadlines, which vary widely.
Every state allows some voters to cast absentee ballots by mail, and a growing number mail ballots to all registered voters. Most states also offer in-person early voting. Security measures include paper ballots or paper records in the great majority of jurisdictions, testing of equipment, chain-of-custody rules, and post-election audits. In June 2026, in Watson v. Republican National Committee, the Supreme Court held that federal Election Day laws do not require mail ballots to arrive by Election Day, so states may count ballots postmarked by then and received later.
See what happens after the votes are cast in how election results are certified, explore the history of the right to vote in voting rights law, or follow the national calendar in the presidential election, start to finish.