Free and Fair Elections FAQ
A free and fair election means three key things: 1. Voters have the right to choose their candidate or party without fear or intimidation. 2. Every vote is counted. 3. All political parties are allowed to campaign.
Before the United States became a nation, John Adams wrote in his diary that “[t]he very ground of our liberties is the freedom of elections.” With this in mind, we address some of the most commonly asked questions about free and fair elections.
What is the meaning of a “free and fair election”?
A free and fair election means three key things:
Every voter has a right to have their voice heard without being intimidated or afraid to cast their vote.
Every vote is counted.
All political parties are allowed to campaign.
The idea of free and fair elections dates back to governments long before the birth of America. However, the U.S. is known historically and globally for its robust and accurate election system. This standard has been so widely accepted that the term “free and fair election” was historically unnecessary in describing elections within the U.S. In fact, it is more commonly used to describe elections in new democracies outside the U.S. With the spread of misinformation about elections since 2020, however, the term is now increasingly applied to describe U.S. elections as well.
Are free and fair elections described in the Constitution?
While the words “free and fair elections” do not appear in the document, various provisions in the Constitution and subsequent Supreme Court decisions support free and fair elections. The “elections clause,” in Article 1, Section 4, grants powers to the states to make related laws and administer elections and powers to Congress to regulate elections:
“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.”
Key amendments to the Constitution further assure free and fair elections. Regarding fairness, though the right to vote originally included only white male landholders in the U.S., it has expanded to include those previously excluded, like women and Black citizens. The 14th Amendment preserves the right to vote, the 15th Amendment prohibits racial discrimination in voting, and the 19th Amendment added women.
The Supreme Court has upheld various state laws to ensure the integrity of elections, preserve fairness and order, and avoid impeding candidates from running and campaigning. The court has also prohibited states from setting term limits for elected officials.
What is the importance of free and fair elections? Are free and fair elections a feature of democracy?
The concept of a government “by the people” is the most fundamental principle of a democratic government. A free and fair election, where every person has a voice, is the mechanism that ensures this key feature of democracy. Free and fair elections make it possible for the nation’s citizens to elect representatives they choose. Protect Democracy writes, “Elections are the linchpin of our democracy. Holding elections, and ensuring that power changes hands in accordance with their outcomes, is the essence of democratic self-government. By defending them, we also protect our rights and our system of government.”
How do we ensure free and fair elections?
To ensure elections remain free and fair, systems are in place well before Election Day. One reason U.S. elections are accurate is that individual votes are secured from local to federal levels with an extensive series of quality control checks. The following list highlights the key provisions. (This list is not intended to be inclusive of every protection in each voting district.)
Pre-election
Only eligible voters can vote: Federal and state governments require voters to meet eligibility requirements, including being a U.S. citizen, and then register to vote. Voter rolls are regularly maintained, and those who are no longer eligible to vote (e.g., dead or moved) are removed. Voting fraud triggers investigations and constitutes a felony, resulting in significant fines and jail time.
Election equipment is tested and secured: Election officials must test all voting equipment before voting occurs and maintain a paper record for post-election audits. State election officials audit every election.
Election Day
Citizen poll workers: Our neighbors serve as poll workers on Election Day. They are trained to carry out voting in their communities and maintain election security. One of MWEG’s principles of ethical government states: “Citizens have a duty to participate in representative government by casting an informed vote and seeking to engage with elected officials. As circumstances permit, they should consider participating in electoral politics as volunteers, candidates, or elected officials.”
Chain of custody: Every election ballot and piece of voting equipment is secured under a chain of custody — a set of processes designed to secure each citizen’s vote. These vary by voting jurisdiction and include locks, steps, logs, signatures, and more. For transparency, these processes are recorded and made available to the public. This protection continues after an election as well.
Mail-in ballot protections: Besides signatures, most states use software that keeps track of each ballot during its different stages of mailing and collection, which allows voters to check the status of their mail ballots. Thirty-two states also participate in ballot “curing,” where officials flag problem ballots (e.g., missing signatures or unsealed envelopes) and give voters an opportunity to correct mistakes.
What happens after the elections?
The work of election officials and chain of custody do not end when the polls close on Election Day. It is important to note that each state has laws about public observation of these processes throughout the election. Here is what happens next:
1. Most voting districts follow this order when counting votes after the polls close:
Election Day ballots: Cities, townships, and counties use tested voting machines to count each mark on each ballot. This method has been proven to be more accurate than other methods, especially compared to the error-prone by-hand method.
Early ballots: In some states, early and mail-in ballots are counted by machine before the polls close. Early and mail-in ballots require effort to even open the significant number of envelopes sent to each voting district.
Mail-in ballots: Most are not counted until Election Day or after. Find how your state verifies mail ballots here.
Challenged ballots: When a voter’s eligibility is questioned for reasons like a missing signature or duplicate ballots, some states allow for correction. These ballots are counted after election officials provide voters guidance and impose deadlines for voters to fix the issues.
Overseas/military ballots: These can be postmarked as late as Election Day and counted a week or more later when received.
Provisional ballots: These are required in all states except Idaho, New Hampshire, and Minnesota when there is a question of voter eligibility. Officials must provide provisional ballots for those who may not be listed on voter rolls or who may have experienced an administrative error. These votes are counted separately from other ballots after each is investigated by the election board and the ineligible ballots are sorted out.
2. Quick results: Next, within hours of polls closing, the available counts are tallied and posted to county websites. Voting results are still deemed “unofficial” during this phase of counting. Even when 100% of precincts are reporting, results remain unofficial until canvassing is complete.
3. Canvassing is the process where canvass board members, who are often separate from the elections board, review the election results of their jurisdictions, verify the accuracy of the count, and ensure all voting procedures follow the laws. Many states audit the entire election. Canvassing boards aggregate all the results from their jurisdictions and report it to their respective elections commissions.
4. Certification: Once every precinct’s votes and procedures are reviewed, and all ballots are accounted for, the canvass board or chief election official reviews the results one last time before signing off on official results at the local level. From there, results are sent to the state canvass board, which reconciles the local results. Once combined, statewide results are deemed official and “certified.” There are opportunities for candidates and voters to dispute election results and make election challenges in the post-election period; however, certification of election results is a ministerial act required by law.
5. Recounts: Most states have laws governing election recounts, including when a recount can happen and who can request them. Historically, recounts shift only small numbers of votes and rarely lead to changes in election outcomes.
6. Post-election audit: Every state now requires an audit after official results are reported.
What can I do to support free and fair elections?
The laws and procedures for elections have been designed, modernized, tested, and improved over the course of 250 years with a consensus that the U.S. administers free and fair elections.
Another of MWEG’s principles of ethical government states: “Political structures and electoral systems should be designed to maximize participation of and provide equitable access to all citizens in a society.” Ensuring this equitable access and maximum participation remains an ideal worth protecting.
Whether you volunteer as a poll worker, hold a voter prep party, talk about your ballot with your family, vote for the first time, or simply accept the election of someone you did not vote for, you are participating in upholding free and fair elections.
This article was written by Sherilyn Stevenson, lead researcher and writer for Mormon Women for Ethical Government, under the direction of Leslie Barron, advancing democracy specialist for Mormon Women for Ethical Government.
