Voting On Tuesdays: Constitutional Or Not?

is voting on a tuesday a constitutional requirement

Voting on a Tuesday is not a constitutional requirement in the United States. The U.S. Constitution does not specify a day for elections, but it does state that the Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. In 1845, Congress designated the first Tuesday after the first Monday in November as Election Day, a custom that was influenced by the agrarian makeup of 19th-century America, with most citizens being farmers who lived far from their polling places. Tuesday was chosen as it allowed farmers to attend church on Sunday, travel to the polling location on Monday, and vote before Wednesday, which was market day. While voting on Tuesdays may have been convenient for 19th-century farmers, it is now seen as a hindrance for many Americans, leading to proposals to move elections to the weekend or make Election Day a federal holiday.

Characteristics Values
Reason for voting on a Tuesday Convenient for farmers in the 1800s, who made up the majority of the workforce
Alternative solutions Making Election Day a federal holiday, merging it with Veterans Day, allowing voting over multiple days, mandating paid time off to vote, encouraging early voting or postal voting
States that have declared Election Day a civic holiday Delaware, Hawaii, Illinois, Kentucky, Louisiana, Montana, New Jersey, New York, Ohio, Virginia, West Virginia, Puerto Rico
States with laws that require employees to be permitted time off to vote California, New York
States that have made Election Day a holiday for workers Illinois, Virginia
City that made Election Day a paid holiday for city employees Sandusky, Ohio
Date of federal law designating the first Tuesday after the first Monday in November as Election Day 1845

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Voting on Tuesday is inconvenient for modern Americans

Voting on a Tuesday is inconvenient for modern Americans due to a number of reasons. Firstly, it is no longer a practical day of the week for most citizens. In the 1800s, when the tradition of voting on Tuesdays began, most Americans were farmers and lived far from their polling places, often travelling for at least a day to vote. Tuesday was chosen as Election Day so that voters could attend church on Sunday, travel to their polling location on Monday, and vote before Wednesday, which was market day for farmers.

However, in the present day, less than 2% of Americans are employed in agriculture, and the majority of the electorate have to work on Tuesdays. As a result, many people view voting on Tuesday as a hindrance, and voter turnout rates have declined over time. A study by the International Institute for Democracy and Electoral Assistance found that the top reason eligible voters gave for not casting a ballot was a scheduling conflict with work or school.

To address these issues, some states have implemented alternatives such as making Election Day a federal holiday or merging it with another holiday, allowing voting over multiple days, mandating paid time off to vote, encouraging early or postal voting, and promoting flexible voting. For instance, in 2019, Sandusky, Ohio became the first city to make Election Day a paid holiday for city employees, and the states of Virginia and Illinois have since followed suit. Other states require that workers be permitted to take time off from employment without loss of pay, and some provide that employees without sufficient time to vote must be allowed two hours off with pay.

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Historical reasons for Tuesday voting

Voting on a Tuesday is not a constitutional requirement in the United States. However, the practice of voting on Tuesdays dates back to the 19th century and is rooted in the country's agrarian past.

In the 1800s, most Americans were farmers and lived far from their polling places, often requiring a day's travel to vote. As a result, lawmakers needed to allow a two-day window for Election Day. Weekends were impractical, as Sundays were reserved for church and Wednesdays were market days for farmers. Therefore, Tuesday was selected as the most convenient day of the week to hold elections.

The month of November was also chosen for practical reasons. Spring and early summer elections were thought to interfere with the planting season, while late summer and early fall elections overlapped with the harvest. November, after the harvest was complete and before the harsh winter weather, was considered the best choice.

While Tuesday voting made sense in the agrarian context of 19th-century America, it has become a source of inconvenience for modern Americans, with many proposing alternatives such as moving elections to the weekend or making Election Day a federal holiday.

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Attempts to increase voter turnout

Voting on a Tuesday is not a constitutional requirement, but rather a custom that was established in 1845 by Congress, who designated the first Tuesday after the first Monday in November as Election Day. This decision was influenced by the agrarian makeup of 19th-century America, when most citizens worked as farmers and lived far from their polling places. Tuesday was chosen as it allowed farmers to travel to the polling location on Monday and vote before Wednesday, which was market day.

Today, voting on a Tuesday is often seen as a hindrance, as less than 2% of Americans are employed in agriculture. As a result, various attempts have been made to increase voter turnout by providing more flexible voting options and encouraging participation.

One approach is to make Election Day a federal holiday or merge it with another holiday like Veterans Day. Some states, such as Virginia and Illinois, have already established Election Day as a holiday. Additionally, states like California and New York have laws that allow employees who lack sufficient time to vote to take paid time off.

Early voting has also been implemented in 43 states and the District of Columbia, allowing people to vote before Election Day. This has been shown to have a positive impact on turnout, with each additional early voting day contributing to an increase of 0.22 percentage points in voter turnout.

Same-day registration has also been adopted by 21 states and the District of Columbia, leading to a 5% higher turnout rate compared to states without it. Furthermore, automatic voter registration policies have been implemented in 20 states and the District of Columbia, streamlining the registration process when citizens interact with certain government agencies.

Other methods to increase voter turnout include providing incentives like "I Voted" stickers or commemorative items, enhancing polling place accessibility, conducting community surveys to address concerns, and offering mail-in voting options.

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Congress's role in designating Tuesday as Election Day

In 1845, Congress passed a federal law designating the first Tuesday after the first Monday in November as Election Day. This decision was made to streamline the voting process and prevent early voting results from influencing elections in other states. Before this federal law was passed, states were allowed to hold elections at any time within a 34-day period before the first Wednesday in December.

The choice of Tuesday was a matter of convenience, particularly for farmers, who made up a majority of the labour force in the 19th century. A two-day window was needed for Election Day, as voters often travelled long distances to reach their polling locations. Tuesday was chosen so that voters could attend church on Sunday, travel to the polling location on Monday, and vote before Wednesday, which was market day for farmers.

In recent times, the fact that Election Day falls on a Tuesday has become controversial. With very few Americans now employed in agriculture, many people work on Tuesdays, and some propose that elections be moved to the weekend. Others have suggested keeping Election Day on a Tuesday but making it a federal holiday to increase voter turnout. Some states have already declared Election Day a civic holiday, and employers in some states must allow workers time off to vote.

To address these concerns, Democratic Representative John Conyers of Michigan proposed the H.R. 63 – Democracy Day Act of 2005, which would make the Tuesday after the first Monday in November of every even-numbered year a legal public holiday called Democracy Day. The bill was reintroduced in 2014 and 2018 by independent Senator Bernie Sanders but has never been enacted.

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State-level variations in voting days

While voting on a Tuesday is not a constitutional requirement, it has been a long-standing tradition in the United States, dating back to 1845 when Congress designated the first Tuesday after the first Monday in November as Election Day. This decision was influenced by the country's agrarian past, as most citizens at the time worked as farmers and needed time to travel to their polling places, often located in county seats. Tuesday was chosen to allow voters to attend church on Sunday and sell their produce at the market on Wednesday.

Today, the tradition of voting on Tuesdays faces criticism as it may hinder voter turnout due to work conflicts. In response, several states have implemented measures to address this issue. Some states, including Delaware, Hawaii, Illinois, Kentucky, Louisiana, Montana, New Jersey, New York, Virginia, West Virginia, and the territory of Puerto Rico, have declared Election Day a civic holiday or paid holiday for certain employees. Other states, like California and New York, mandate that employees be allowed time off with pay to vote.

Early voting options have also gained popularity, with nearly every state authorizing this method. Early voting allows voters to plan and schedule their voting while accommodating their calendars. In-person absentee voting, or IPA, is another alternative, where voters can cast their ballots before Election Day at local election offices. However, not all states provide tools for voters to easily locate early voting sites.

Additionally, there are proposals to establish a federal holiday called Democracy Day to coincide with Election Day, encouraging higher voter participation. Suggestions include merging it with Veterans Day, observed annually on November 11, or moving Election Day to the weekend. These initiatives aim to increase voter turnout and make the voting process more accessible and convenient for all Americans.

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Frequently asked questions

No, it is not a constitutional requirement. In 1845, Congress passed a federal law designating the first Tuesday after the first Monday in November as Election Day. Tuesday was chosen as it was the most convenient day of the week for 19th-century farmers, who made up the majority of the workforce.

Farmers needed a two-day window for Election Day. Sunday was a day of rest and worship, and Wednesday was market day. This left Tuesday as the best option.

Yes, there are activists who are promoting alternatives to increase voter turnout, such as making Election Day a federal holiday, allowing voting over multiple days, or encouraging early voting.

Delaware, Hawaii, Illinois, Kentucky, Louisiana, Montana, New Jersey, New York, Ohio, Virginia, West Virginia, and Puerto Rico have declared Election Day a civic holiday.

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