Article I of the US Constitution
Constitutional article vesting legislative power; gives states first say on election manner.
Article I's Elections Clause gives state legislatures first say over how congressional elections run and Congress the last word. Since Moore v. Harper on 27 June 2023, state courts may also review those legislative rules.
Last refreshed: 1 October 2026
Timeline for Article I of the US Constitution
Mentioned in: Judge Ali voids FEMA election conditions
US Midterms 2026Mentioned in: Justices keep Missouri on its 2022 map
US Midterms 2026Background
Most of the 2026 fights over WHO controls election rules are, at bottom, arguments about Article I. When Judge Amir Ali voided FEMA's grant conditions on 28 September 2026, the practical result was that states may use a federal citizenship-check database but cannot be made to. Three days earlier the Supreme Court kept Missouri on its 2022 congressional map for 3 November, saying the election had already begun. Both outcomes leave the running of the vote with the states.
Article I creates Congress. Section 1 vests 'All legislative Powers herein granted' in a Senate and a House of Representatives. Section 2 requires a census every ten years and apportions House seats by population. Section 4, the Elections Clause, says the 'Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof', while Congress may 'at any time by Law make or alter such Regulations'.
Moore v. Harper settled one long-running dispute over the clause. the Supreme Court held that it 'does not vest exclusive and independent authority in state legislatures', so state courts may review a legislature's election rules within the ordinary bounds of judicial review.