Why We Need Federal Election Standards

Lee Drutman made the case for federal election standards in the Ripon Forum.

In November 2020, America elected a new president, a new Congress, and a new Senate. Or rather, fifty states held elections, each by their own rules and procedures, and together they elected a new government. The election also generated all kinds of claims about the illegitimacies and unfairness. America’s federal system has often been a source of strength, allowing states to experiment and innovate, and giving them the flexibility and freedom to pursue their own course. But for national elections, federalism has, unfortunately, become a source of weakness, doubt, uncertainty, and illegitimacy. It is time for national standards.

For decades now, Americans have been losing faith in the legitimacy of our national elections, particularly when the outcome is unwelcome. Between allegations of suppression, fraud, foreign meddling, and other acts of malevolence, partisans on both sides have built strong narratives about how the election system is unfair, and have employed armies of lawyers to challenge any rules they think might hurt their party. Meanwhile, partisan state legislatures, convinced that the other party is trying to cheat their way to victory, play their own games of seeing what they can get away with by changing the rules of who can vote and when, and drawing district lines to advantage their party.

America is unusual in not having national standards for elections. Most advanced democracies, even federal ones, have a national agency that guarantees standard voting registration processes that make it straightforward to vote, and ensure all votes count equally by keeping districting out of partisan politics.