Now that President Obama has said, “We need to fix that” on election night, it is highly likely that Congress will consider many bills to improve election administration in federal elections. Obama was referring to the problem that in some states, voters had to wait in line for hours at polling places in order to vote. Here is a Washington Post article that mentions some ideas for new federal legislation. Article One authorizes Congress to pass laws on administration of congressional elections, and the U.S. Supreme Court has interpreted Article One to also include presidential elections. See Oregon v Mitchell, 400 U.S. 112 (1970).
I have suggested to my member of the U.S. House, Nancy Pelosi, that she introduce a bill to provide for some means for independent candidates for Congress who did not run in a primary to be placed directly on the November ballot. Federal ballot access protection for congressional candidates is long overdue. Such a bill would protect voters who are not satisfied with the choices presented by primaries. For example, the proposed bill, if it had been in place this year, would have provided a means for voters such as those who live in California’s 31st U.S. House district to vote for someone in November who is not a Republican. Democrats far outnumber Republicans in that district, and yet this week they were forced to either vote for a conservative Republican, or not to vote at all.