The most pivotal moments of American democracy come on Election Day. Citizens are filled with anticipation as they take on the essential role of electing the president for the next four years. Across the country, news outlets provide live updates on the electoral process. 

The experience and procedures citizens follow to cast their vote depend upon different locations, ultimately changing individual voting and state ballot counting. These varied procedures reflect the Founding Fathers’ view on state rights as outlined in the Constitution. As modern elections become more complex and conspiracy theories emerge, the question arises of whether standardized voting laws nationwide would increase voter trust and lessen confusion among registered voters or if the uniqueness of the elections is beneficial for democracy. 

The Purpose of State Variation

States and counties can decide their election procedures nationwide, as found in the Constitution’s Article 1, section 4, or the Election Clause. 

The election clause states: “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.”

The writers of the Constitution left it up to the states to determine the voting system that reflects the needs of their citizens. The Founding Fathers were devoted to creating a federal system, with power shared between the federal and state governments.

Each state has specific needs based on population, geography, and political preferences, which showed the Founding Fathers the importance of state government control in elections. Although states have the leading authority in creating voting procedures, the federal government does oversee specific situations that involve voting discrimination or specific laws that make it difficult for certain groups of people to vote, such as the Voting Rights Act of 1965, the Voting Accessibility for the Elderly and Handicapped Act of 1984, The Uniformed and Overseas Citizens Absentee Voting Act, and the National Voter Registration Act of 1993.

“While Congress has the power to regulate – and has done so to pass such laws as the Voting Rights Act – the Constitution makes clear that states have primary authority to set the “times, places and manner” for elections,” journalist Christina A. Cassidy said in an article for the Associated Press. 

The US maintains its federal system and democratic style of government through shared power between the states and the federal government. This shared government style should continue to be applied to election procedures because it simplifies the process and continues to make voting accessible for all communities.

Standard or Individualized? 

Implementing standardized voting procedures across all states could make the process more fair, consistent, and uniform for voters, but the individualized process could allow for local flexibility, adaptation to state needs, and a unique process. 

“I believe in standardized voting laws for all the states. I think it leads to confusion when votes are counted differently, or procedures are different. Then, in the current climate, especially when you have confusion, that leads to people not trusting the system,” human geography teacher Darla Hart said. 

“It’s really unhelpful to be required to wait until election day to begin even, like, we’re not even allowed to open those ballots in the envelopes,” Centre County Board of Elections chair Amber Concepcion said.  “It takes a little time for each of those, so it’s a pretty slow process. Not being able to start until 7 a.m. that day creates a huge job for a whole core of volunteers to do, and it just creates extra stress on a day when we’re already running in-person elections.”

Conspiracy theories have the potential to arise through different vote-counting laws. In Pennsylvania, mail-in ballots can only be opened when polls open on Election Day at 7 a.m., while in Georgia, mail-in ballots can be processed starting on Oct. 21. 

The inconsistency of processing times could lead to theories of misinformation, changing results, and inconsistent reporting. Extra stress and work for election day officials, specifically in Pennsylvania, cause delayed results and fuel conspiracy theories because of the late arrival of results that might appear manipulated or misinterpreted. Although a standardized start time to begin counting and releasing the results of mail-in ballots would benefit Americans watching election night unfold on TV and election day volunteers, communities all over America would be able to continue to develop a system that works best specifically for their community. 

Voting ID requirements also vary by state. Requiring a photo ID ensures the voter is registered or eligible to cast a ballot, although ID requirements could cause lower voter turnout. Pennsylvania does not require any identification to vote except for first-time voters, while the neighboring Ohio has stricter voter ID laws. 

“I think there’s some advantage to having each state be able to make their own rules on registration because that way, it can be more responsive to the people who live in that state,” Concepcion said.

States and local areas that have a more diverse environment with people who might have difficulty getting a form of identification would find making tailored voting procedures helpful.

Specifically in PA, early in-person voting is only available at county election offices, while in Delaware, no early voting is allowed, and Maryland had residents’ typical polling locations open for early voting.  

“It would be helpful if we were allowed to have early voting stations so that people didn’t have to go through the mail-in ballot process to vote early. That would probably make it more efficient and more convenient for voters,” Concepcion said.

In addition to a better early in-person voting process, poll opening and closing times should be regulated between states. In Pennsylvania, polls open at 7 a.m. and close at 8 p.m. 

“I think as much as you can allow different shift workers and schedules to get in there. I think the polls should open a little earlier so that people who are going to work at 7 can get there,” Hart said. “I personally would like to see the polls close just a little later, maybe even an hour, to give people access after they get out of work.”

These varied approaches reflect states’ flexibility in enforcing voting procedures on residents. Ultimately, our democracy was intended to make voting accessible for all citizens as outlined in the Constitution. Tailored voting procedures for each state benefit Americans due to the simplified process, local perspectives, and uniqueness of the states.