Eleanor Finch
The United States Constitution outlines the election process for federal officials, with state law regulating most aspects of elections, including eligibility, primary elections, and the method of choosing presidential electors. Federal, state, and local elections are administered by individual states, with county or local authorities handling many operational details. Federal law mandates that general elections for the president and Congress occur on Election Day, the Tuesday after the first Monday in November, in even-numbered years. Presidential elections take place every four years, while congressional elections occur every two years. The Constitution also establishes the Electoral College, a group of electors who choose the president and vice president. The Constitution empowers states to determine the times, places, and manner of elections, subject to Congress's authority to make or alter regulations. The Constitution further sets eligibility requirements for congressional candidates, including age and citizenship status.
| Characteristics | Values |
|---|---|
| Election Clause | States are primarily responsible for regulating congressional elections, but the ultimate power lies with Congress |
| Election Day | Tuesday after the first Monday of November |
| Frequency of general elections | Every two to six years |
| Frequency of presidential elections | Every four years |
| Frequency of congressional elections | Every two years |
| Frequency of House of Representatives elections | Every two years |
| Frequency of Senate elections | Every two years (a third of the Senate is up for election every two years) |
| Eligibility to vote | Cannot be denied on grounds of race, colour, sex, or age for citizens 18 years or older |
| Exceptions to eligibility | Some states ban convicted criminals, especially felons, from voting |
| Election postponement | Only the states and Congress have the power to delay the election process |
| Election deadline | The Constitution requires the president and vice president to end their terms by noon on January 20 in the year following the election |
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What You'll Learn
The US Constitution sets parameters for federal official elections
The US Constitution outlines the rules for federal official elections, including the election of the president and Congress. The country's election system is highly decentralised, with state law regulating most aspects of elections, including primary elections, voter eligibility, and the running of state and local elections.
The Elections Clause gives states and the federal government shared authority over congressional elections. The Clause empowers states to determine the "times, places, and manner" of holding elections for Senators and Representatives, while Congress has the authority to "make or alter" state regulations. The Framers of the Constitution intended to preserve the fairness of congressional elections by allowing state legislatures and Congress to regulate them.
The Constitution sets basic requirements for presidential and vice-presidential elections, such as the rules of procedure for the Electoral College. It also establishes the qualifications for presidential candidates, including the requirement to be a natural-born citizen, at least 35 years old, and a resident of the United States for at least 14 years.
Congressional elections occur every two years, with House of Representatives elections held every two years on the first Tuesday after November 1 in even years. Senate elections are staggered, with one group of Senate seats ("class") up for election every two years.
While the Constitution does not specify a date for federal elections, it mandates that the president's term ends on January 20 of the year following a general election. This hard deadline ensures the timely selection of a new president, even in cases of potential delays or postponements due to emergencies.
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State law regulates most aspects of US elections
In the United States, general elections for the president and Congress are held on Election Day, which falls on the Tuesday after the first Monday of November. These federal general elections occur every four years for the presidency and every two years for Congress. While the US Constitution sets parameters for the election of federal officials, state law regulates most aspects of US elections.
State law and state constitutions, controlled by state legislatures, regulate elections at the state and local levels. This includes primary elections, the eligibility of voters (beyond the basic constitutional definition), the method of choosing presidential electors, and the running of state and local elections. All elections—federal, state, and local—are administered by individual states, with many aspects of the system's operations delegated to the county or local level. Each state sets its own voter ID rules, with most requiring voters to present identification to vote in person.
The Elections Clause makes states primarily responsible for regulating congressional elections, but it vests ultimate power in Congress. Congress may pass federal laws regulating congressional elections that automatically displace ("preempt") any contrary state statutes or enact its own regulations concerning aspects of elections that states may not have addressed. The Framers of the Constitution were concerned that states might establish unfair election procedures or attempt to undermine the national government by refusing to hold elections for Congress. They empowered Congress to step in and regulate such elections as a self-defense mechanism.
In the 2015 case of Arizona State Legislature v. Arizona Independent Redistricting Commission, the Supreme Court held that the term "legislature" in the Elections Clause refers to any lawmaking process authorized by a state's constitution, including public referenda and initiatives. This allows states to transfer power to regulate congressional elections from the legislature to other entities, such as executive branch officials or independent commissions.
At the local level, county and city government positions are usually filled by election, particularly within the legislative branch. In some states, executive positions such as Attorney General and Secretary of State are also elected offices. All members of state legislatures and territorial jurisdiction legislatures are elected. In some states, members of the state supreme court and other members of the state judiciary are elected as well.
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Elections for the House of Representatives occur every two years
The Elections Clause in the Constitution makes states primarily responsible for regulating these elections, but it vests ultimate power in Congress. Congress may pass federal laws regulating the elections that automatically override any conflicting state statutes. The Framers of the Constitution were concerned that states might establish unfair election procedures or refuse to hold elections for Congress. They, therefore, empowered Congress to step in and regulate such elections.
Congress has exercised this power to establish a single national Election Day for congressional elections. It has also mandated that states with multiple Representatives in the U.S. hold elections in this manner.
The House elections are first-past-the-post elections, which means that the candidate with the most votes wins. However, due to gerrymandering, fewer than 10% of House seats are contested in each election cycle, and over 90% of incumbents are re-elected every two years.
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Presidential elections occur every four years
Presidential elections in the United States occur every four years. The country's election system is highly decentralised, with state law regulating most aspects of elections, including primary elections, the eligibility of voters, the method of choosing presidential electors, and the running of state and local elections. Federal law establishes a uniform Election Day across the nation for federal elections, which occur on the Tuesday after the first Monday of November in even-numbered years.
The US Constitution outlines the process for electing the President and Vice President, which involves two steps and the Electoral College. Firstly, states and the District of Columbia are required to appoint members of the Electoral College, with each state appointing a number of electors equal to its number of Senators and Representatives in Congress. Secondly, Congress determines the time for choosing the electors and the day on which they give their votes, which must be the same throughout the United States.
The Electoral College was first implemented in the 1788 and 1789 elections, which were the first elections held to pick the President, Vice President, and Congress. The Electoral College system was created by the drafters of the Constitution in 1787 and is still used today, with electors meeting and giving their votes on the first Monday after the second Wednesday in December.
While states and Congress have the power to delay elections, the Constitution sets a hard deadline for the end of a President's term on January 20 of the year following a general election. If there is no clear winner, the House of Representatives and the Senate may be required to pick the President and Vice President, respectively.
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The Elections Clause gives states power to regulate congressional elections
The United States holds general elections every four years, with congressional elections occurring every two years. The Elections Clause, or Article I, Section 4, Clause 1, gives states the power to regulate congressional elections. This includes the determination of the "Times, Places, and Manner" of these elections, which encompasses rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and the determination of election results.
The Elections Clause makes states primarily responsible for regulating congressional elections, but it vests ultimate power in Congress. Congress may pass federal laws regulating these elections, which automatically override state statutes. This power was first exercised in 1842 when Congress passed a law requiring that Representatives be elected on a district basis. Congress has also used this power to enforce the Fifteenth Amendment's guarantee against racial discrimination in voting, and to establish contiguity, compactness, and substantial equality of population as districting requirements.
The Elections Clause grants each level of government the authority to enact a complete code for congressional elections. However, neither entity can enact laws under the Elections Clause that violate other constitutional provisions. For example, the Constitution specifies that anyone who is eligible to vote for the larger house of a state legislature may also vote for the U.S. House and Senate. The Elections Clause does not permit either states or Congress to override these provisions by establishing additional qualifications for voting for Congress.
The Framers of the Constitution sought to preserve the fairness of congressional elections by allowing state legislatures and ultimately, Congress, to regulate them. They were concerned that states might establish unfair election procedures or attempt to undermine the national government by refusing to hold elections for Congress. The Supreme Court has held that the term "Legislature" in the Elections Clause does not refer to the body in each state comprised of elected officials, but rather to any lawmaking process authorized by a state's constitution, including public referenda and initiatives.
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Frequently asked questions
General elections are held every four years in the US.
The next general election in the US will be held on November 5, 2024.
During a general election, voters select the president and vice president of the United States, as well as members of Congress.
Members of the House of Representatives serve two-year terms and are up for election every two years.
While the Constitution does not provide for the president or other federal officials to delay a general election, a combination of state or congressional actions could delay elections. However, it is important to note that the Constitution requires the terms of the president and vice president to end on January 20 of the year following a general election.
