Research FAQ's: Election Law and Voting Rights

The Law Library Staff prepares "Research Frequently Asked Questions" (FAQs) for the convenience of our users to provide access to a variety of sources addressing particular points of law. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. Please seek legal counsel to help you determine the applicability of any of the information in these resources to your specific situation. The Law Library makes no recommendation as to whether you should purchase any services offered by the websites contained in this FAQ.

GENERAL SOURCES:

Moritz College of Law Election Law Page: Information on federal, state and local elections. Contains e-book on election law, information on upcoming Ohio elections and ballot issues, pending election law cases, news and more.

LAWS AFFECTING VOTING RIGHTS

Federal Laws:

Federal Statutes:

Title 18: Elections and Political Activities, 18 U.S.C. Ch. 29 §592-611 (includes troops at polls, intimidation of voters, voting by aliens and coercion of political activity)
Title 42: Elective Franchise, 42 U.S.C. Ch. 20 §1971 et. seq. (includes voting rights, enforcement of voting rights, 18-year old voting, federal absentee voting, overseas citizens, accessibility for the elderly and handicapped, uniformed service voters, and voter registration)
Title 42: The Voting Rights Act of 1965, as amended in 1982: 42 U.S.C. §1973
Title 42: Federal Election Records, 42 U.S.C. Ch. 20 §1974-1974e
Title 47: Telephones, Telegraphs, and Radiotelephones, 47 U.S.C. §315, Candidates for public office (covers equal opportunities, censorship prohibition, station use, new appearances, public interest, and public issues discussion).

United States Constitution:

14th Amendment - Guarantees equal protection and due process under the law
15th Amendment - Protects the rights to vote
19th Amendment - Guarantees the right to vote, regardless of sex
26th Amendment - Extended the vote to persons 18 years of age

Federal Regulations (Code of Federal Regulations):

11 C.F.R. Title 11, Chapter I - Federal Election Commission (covers privacy, sunshine laws, FOIA requests, nondiscrimination on the basis of handicap, standards of conduct, campaign reform, and the Presidential Election Campaign Fund)
11 C.F.R. Title 11, Chapter II - Election Assistance Commission (covers FOIA requests, Sunshine Act, testimony, Privacy Act of 1974, standards of conduct, nondiscrimination on the basis of handicap, and voter registration)
Wesberry v. Sanders, 376 U.S. 1, 17-18 (1964): "No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined."

Ohio Law:

AGENCIES RESPONSIBLE FOR ELECTION LAWS

Federal Agencies:

Federal Elections Commission - Information on campaign finance laws, caucuses, election results, voter registration, and historical voter demographics and statistics.
U.S. Department of Justice, Civil Rights Division, Voting Section - Charged with enforcing federal voting rights statutes.
Election Assistance Commission - Among other duties, the EAC is charged with developing guidance to meet the requirements of the Help America Vote Act of 2002.

Ohio and County Agencies:

Ohio Elections Commission - Enforces the Ohio Revised Code and issues Advisory Opinions.
Ohio Secretary of State: Elections and Voting - Information on voter registration, election results, historical election data and districts.
Cuyahoga County Board of Elections - Information on voter registration, absentee voting, candidates and issues.
Ohio Secretary of State - Elections Officials / County Board Directory

THE ELECTORAL COLLEGE

BALLOT INFORMATION

Voting System Standards from the Federal Election Commission
Ballotpedia - Digital encyclopedia of American politics and elections
National Association of Secretaries of State - Information for eligible voters in all 50 states about how to cast their ballots
National Conference of State Legislatures - Election Legislation Database

CAMPAIGN FINANCE & REFORM

Bipartisan Campaign Reform Act of 2002
Cornell Backgrounder on the Bipartisan Campaign Reform Act of 2002
The Campaign Finance Institute
OpenSecrets.org - tracks money in U.S. politics
Brennan Center for Justice - Voting Rights and Elections
Penn Library - U.S. Elections Research Guide

VOTING RIGHTS AND THE MENTALLY AND PHYSICALLY DISABLED

Federal Law:

The Voting Accessibility for the Elderly and Handicapped Act of 1984, 42 U.S.C. § 1973
Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
11 C.F.R. Title 11, Chapter I - Federal Election Commission, Part 6 - Covers nondiscrimination on the basis of handicap.
ADA Checklist for Polling Places
National Voter Registration Act - Requires agencies primarily engaged in serving people with disabilities, and which receive state funds, to provide voter registration services to their consumers.

Ohio Law:

VOTER IDENTIFICATION & REGISTRATION INFORMATION

National Conference of State Legislatures: Voter Identification Requirements
League of Women Voters of the US
Ohio Secretary of State, Election Services
Cuyahoga County Board of Elections

CENSUS INFORMATION

U.S. Census Bureau: Data Access Tools

POLITICAL PARTIES

LOBBYING

Federal Statutes:

Title 2: Disclosure of Federal Campaign Funds, 2 U.S.C. Ch. 14 §431-442

Title 2: General Provisions, 2 U.S.C. §§451-457

Title 26: Financing of Presidential Election Campaigns, 26 U.S.C. §§9001-9013 (covers candidates and payments, judicial review, and criminal penalties)

Federal Regulations:

11 C.F.R. Title 11, Chapter I - Federal Election Commission

Subchapter C - Bipartisan Campaign Reform Act of 2002 (Part 300)
Subchapter E - Presidential Election Campaign Fund: General Election Financing (Parts 9001-9012)
Subchapter F - Presidential Election Campaign Fund: Presidential Primary Matching Fund (Parts 9031-9039)

U.S. House of Representatives' Office of the Clerk - Lobbying Disclosure Page

U.S. Senate Lobbying Disclosure Act Reports

POLITICAL ACTION COMMITTEES (PAC's)

Federal Election Commission: PACs, parties and other committees
OpenSecrets.org PAC locator and Center for Responsive Politics to track money in U.S. politics
Wikipedia's List of PAC's

Research FAQ's: Election Law and Voting Rights

GENERAL SOURCES:

Moritz College of Law Election Law Page: Information on federal, state and local elections. Contains e-book on election law, information on upcoming Ohio elections and ballot issues, pending election law cases, news and more.

LAWS AFFECTING VOTING RIGHTS

Federal Laws:

Federal Statutes:

Title 18: Elections and Political Activities, 18 U.S.C. Ch. 29 §592-611 (includes troops at polls, intimidation of voters, voting by aliens and coercion of political activity)

Title 42: Elective Franchise, 42 U.S.C. Ch. 20 §1971 et. seq. (includes voting rights, enforcement of voting rights, 18-year old voting, federal absentee voting, overseas citizens, accessibility for the elderly and handicapped, uniformed service voters, and voter registration)

Title 42: The Voting Rights Act of 1965, as amended in 1982: 42 U.S.C. §1973

Title 42: Federal Election Records, 42 U.S.C. Ch. 20 §1974-1974e

Title 47: Telephones, Telegraphs, and Radiotelephones, 47 U.S.C. §315, Candidates for public office (covers equal opportunities, censorship prohibition, station use, new appearances, public interest, and public issues discussion).

United States Constitution:

14th Amendment - Guarantees equal protection and due process under the law

15th Amendment - Protects the rights to vote

19th Amendment - Guarantees the right to vote, regardless of sex

26th Amendment - Extended the vote to persons 18 years of age

Federal Regulations (Code of Federal Regulations):

11 C.F.R. Title 11, Chapter I - Federal Election Commission (covers privacy, sunshine laws, FOIA requests, nondiscrimination on the basis of handicap, standards of conduct, campaign reform, and the Presidential Election Campaign Fund)

11 C.F.R. Title 11, Chapter II - Election Assistance Commission (covers FOIA requests, Sunshine Act, testimony, Privacy Act of 1974, standards of conduct, nondiscrimination on the basis of handicap, and voter registration)

Wesberry v. Sanders, 376 U.S. 1, 17-18 (1964): "No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined."

Ohio Law:

AGENCIES RESPONSIBLE FOR ELECTION LAWS

Federal Agencies:

Federal Elections Commission - Information on campaign finance laws, caucuses, election results, voter registration, and historical voter demographics and statistics.

U.S. Department of Justice, Civil Rights Division, Voting Section - Charged with enforcing federal voting rights statutes.

Election Assistance Commission - Among other duties, the EAC is charged with developing guidance to meet the requirements of the Help America Vote Act of 2002.

Ohio and County Agencies:

Ohio Elections Commission - Enforces the Ohio Revised Code and issues Advisory Opinions.

Ohio Secretary of State: Elections and Voting - Information on voter registration, election results, historical election data and districts.

Cuyahoga County Board of Elections - Information on voter registration, absentee voting, candidates and issues.

Ohio Secretary of State - Elections Officials / County Board Directory

THE ELECTORAL COLLEGE

BALLOT INFORMATION

Ballotpedia - Digital encyclopedia of American politics and elections

National Association of Secretaries of State - Information for eligible voters in all 50 states about how to cast their ballots

National Conference of State Legislatures - Election Legislation Database

CAMPAIGN FINANCE & REFORM

OpenSecrets.org - tracks money in U.S. politics

Brennan Center for Justice - Voting Rights and Elections

Penn Library - U.S. Elections Research Guide

VOTING RIGHTS AND THE MENTALLY AND PHYSICALLY DISABLED

Federal Law:

11 C.F.R. Title 11, Chapter I - Federal Election Commission, Part 6 - Covers nondiscrimination on the basis of handicap.

National Voter Registration Act - Requires agencies primarily engaged in serving people with disabilities, and which receive state funds, to provide voter registration services to their consumers.

Ohio Law:

VOTER IDENTIFICATION & REGISTRATION INFORMATION

National Conference of State Legislatures: Voter Identification Requirements

CENSUS INFORMATION

POLITICAL PARTIES

LOBBYING

Federal Statutes:

Federal Regulations:

11 C.F.R. Title 11, Chapter I - Federal Election Commission

Subchapter C - Bipartisan Campaign Reform Act of 2002 (Part 300)

Subchapter E - Presidential Election Campaign Fund: General Election Financing (Parts 9001-9012)

Subchapter F - Presidential Election Campaign Fund: Presidential Primary Matching Fund (Parts 9031-9039)

U.S. House of Representatives' Office of the Clerk - Lobbying Disclosure Page

U.S. Senate Lobbying Disclosure Act Reports

POLITICAL ACTION COMMITTEES (PAC's)

Federal Election Commission: PACs, parties and other committees

OpenSecrets.org PAC locator and Center for Responsive Politics to track money in U.S. politics

Wikipedia's List of PAC's

POLITICAL NEWS