Who controls elections for Congress under the Constitution?
State legislatures write the rules, but Congress can override them
Article I, Section 4 of the Constitution says each state legislature sets the times, places and manner of congressional elections, and Congress may make or alter those rules by law. State legislatures act through their full lawmaking process, which can include ballot initiatives and is subject to state constitutional limits and state court review. When Congress passes a law about congressional elections, that law overrides inconsistent state rules.
What the Elections Clause says
Article I, Section 4 reads: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators." Congress has used that power to require single-member House districts under 2 U.S.C. 2c.
What manner means
In Smiley v. Holm (1932), the Supreme Court interpreted manner as a complete code for congressional elections. That includes registration, supervision of voting, prevention of fraud, and the counting of votes.
What the legislature means
The Legislature means the state's lawmaking process as a whole. In Arizona State Legislature v. Arizona Independent Redistricting Commission (2015), the Court held that in some states this includes ballot initiatives. In Moore v. Harper (2023), the Court held that a legislature regulating federal elections stays bound by its state constitution and subject to state court review.
When Congress's rules take precedence
In Arizona v. Inter Tribal Council of Arizona (2013), the Supreme Court held that Congress's power is paramount and supersedes inconsistent state rules.
More on who runs elections, and who can't interfere.
See all the questionsFrequently asked questions
Q. What does the Elections Clause of the Constitution say about who controls congressional elections?
Article I, Section 4 lets each state legislature set the times, places and manner of congressional elections and lets Congress make or alter those rules by law. In Smiley v. Holm (1932), the Supreme Court read manner as a complete code for congressional elections, including registration, supervision of voting, prevention of fraud, and the counting of votes. In Moore v. Harper (2023), the Court held that a legislature regulating federal elections stays bound by its state constitution and subject to state court review.
Sources
- U.S. Const. art. I, sec. 4, cl. 1, constitution.congress.gov, https://constitution.congress.gov/constitution/article-1/ · 2026-09-26