States Maintain Primary Election Authority Amidst Calls for Federal Vote Credibility Standards

A recent social media post by Scott Adams has reignited discussions regarding the federal government's role in overseeing state election processes, particularly concerning mail-in ballots and the integrity of vote counts. Adams questioned whether the federal government could "adopt standards for what kind of vote count they will include in the national total," and if it would be "obligated to accept" results from states "obviously falsifying vote counts" or where the "METHOD of vote counting was considered below credibility.

U.S. election administration is fundamentally decentralized, with individual states holding primary constitutional authority over the "times, places, and manner" of federal elections, and full control over state and local contests. This framework means states largely determine voter eligibility, voting methods, and vote counting procedures. Experts, including those from the Bipartisan Policy Center, affirm that while federal law sets certain standards, states are the principal administrators.

The President lacks the unilateral power to ban mail-in ballots or dictate voting methods to states. Attempts by the executive branch to impose such changes are widely considered unconstitutional and would face immediate legal challenges. Mail-in voting, utilized by all 50 states in some form, with eight states and Washington D.C. conducting all elections by mail, has established security protocols like signature verification and ballot tracking.

Despite this state-centric system, the federal government does play a role in election integrity. A March 2025 Executive Order, "Preserving and Protecting the Integrity of American Elections," outlines the administration's policy to enforce federal laws related to voter citizenship verification, accurate voter registration lists, and uniform ballot receipt deadlines. This order seeks to strengthen compliance with existing federal statutes rather than unilaterally overturning state election procedures.

The order directs agencies like the Election Assistance Commission and the Department of Justice to ensure states adhere to federal requirements, including preventing non-citizens from voting and ensuring ballots are received by Election Day. However, the federal government does not possess a clear constitutional mechanism to reject state-certified election results based on subjective credibility concerns or perceived falsifications without evidence of specific legal violations. Any such federal intervention would likely necessitate legislative action by Congress or judicial review, underscoring the enduring tension between state autonomy and federal oversight in U.S. elections.