Who runs US elections?

#What the Constitution says

Article I, Section 4 gives each state legislature the first word on the “Times, Places and Manner” of electing senators and representatives, and gives Congress the power to make or change those rules. Article II lets each state decide how to appoint its presidential electors, while Congress picks the day. Congress has passed federal laws on the date of federal elections, voter registration, voting by military and overseas citizens, and statewide voter lists. Where Congress has not acted, state law controls.

#State officials

Every state has a chief election official, whose job is to oversee or advise. As of January 13, 2026, NCSL counted 33 states where that official is elected, usually as secretary of state, and 17 where the official is appointed by the governor, the legislature or a board. In 17 states and DC, a board or commission also oversees elections. Who holds the job varies: in Alaska and Utah it is the lieutenant governor.

#Local officials

NCSL counts more than 10,000 election jurisdictions in the US. Elections are usually run at the county level, though in some New England and Midwestern states, cities or townships handle them. The office may be one person, a department or a board.

#What the EAC does and does not do

The Election Assistance Commission (EAC) was created by the Help America Vote Act of 2002. Its jobs are to:

• adopt voluntary voting system guidelines
• test and certify voting systems
• maintain the national mail voter registration form
• collect information on election administration
• audit the use of federal election funds

Its limits are written into law. The commission has no authority to issue rules that impose requirements on a state or local government, apart from the regulations tied to the mail form. By its own account, it has no regulatory oversight of elections. HAVA does not require states to use EAC-certified systems, and states take part in the program voluntarily.

The commission has four seats, and any action needs three votes. As of September 1, 2026, CRS reported all four empty, after departures on April 30 and July 9, 2026. Staff can carry on delegated tasks, but adopting new or changed voting system guidelines is reserved for commissioners.

#A worked example: an October election

When this case arose, Louisiana held an open primary in October for congressional seats, with every candidate on one ballot. A candidate who won a majority was elected, with no further vote on federal Election Day. Federal law sets that day as the Tuesday after the first Monday in November.

On December 2, 1997, in Foster v. Love, the Supreme Court held that the system conflicted with federal law “and to that extent is void.” The opinion shows both halves of the Elections Clause. The Court called it “a default provision” that leaves the mechanics of congressional elections to the states, and it said Congress has the power to override state rules.