Simone Lawson
The Elections Clause is the primary source of constitutional authority to regulate elections for the US House of Representatives and the US Senate. The Clause empowers states to determine the Times, Places, and Manner of congressional elections, subject to Congress's authority to make or alter state regulations. Congress has established a single national Election Day for congressional elections, and while it is not a public holiday, early and mail-in voting are authorized in nearly every state.
| Characteristics | Values |
|---|---|
| Election Day as a holiday | In April 2020, the Governor of Virginia, Ralph Northam, signed legislation that established Election Day as a holiday. In June 2020, the Governor of Illinois, J. B. Pritzker, did the same. |
| Election Day as Democracy Day | Democratic Representative John Conyers of Michigan proposed that the Tuesday after the first Monday in November of every even-numbered year be a legal public holiday called Democracy Day to increase voter turnout. |
| Election Day primaries | Currently, primaries for the U.S. House and U.S. Senate elections in Louisiana are held on federal Election Day, with runoffs in December if necessary. |
| Election Day and Congress | Congress has the power to regulate elections and has established a single national Election Day for congressional elections. |
| Election Day and the Constitution | The Elections Clause is the primary source of constitutional authority to regulate elections for the U.S. House of Representatives and U.S. Senate. The Constitution sought to preserve the fairness of congressional elections by allowing state legislatures, and ultimately Congress, to regulate them. |
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What You'll Learn
The Elections Clause
The framers of the Constitution included the Elections Clause to address concerns about potential unfair election procedures or attempts by states to undermine the national government by refusing to hold congressional elections. By granting Congress the power to "make or alter" state regulations, the Elections Clause serves as a self-defence mechanism to ensure fair and consistent election processes across the country.
While the Elections Clause provides Congress with the authority to override state regulations, Congress has only occasionally exercised this power. For example, in 1842, Congress passed a law requiring that Representatives be elected on a district basis. Additionally, in 1870, Congress enacted the first comprehensive federal statute to enforce the Fifteenth Amendment's guarantee against racial discrimination in voting.
The interpretation and application of the Elections Clause have been the subject of various court cases. The Supreme Court has construed the term "Legislature" broadly to include any entity or procedure that a state's constitution permits to exercise law-making power. This interpretation allows laws regulating congressional elections to be enacted by state legislatures or directly by state voters through initiatives or referendums, depending on the state's laws.
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Congressional power
The Elections Clause is the primary source of constitutional authority to regulate elections for the US House of Representatives and the US Senate. The Clause empowers states to determine the "times, places, and manner" of congressional elections, subject to Congress's authority to "make or alter" state regulations. This grants each level of government the authority to enact a complete code for such elections, including rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determination of election results.
Congress may pass federal laws regulating congressional elections that automatically displace ("preempt") any contrary state statutes or enact its own regulations concerning those aspects of elections that states may not have addressed. Congress has exercised this power to "make or alter" rules concerning congressional elections, establishing a single national Election Day for congressional elections.
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. The power to make the rules governing the electoral process is a significant power conferred by the Constitution, as it can be used to influence the election's outcome.
The Constitution also grants Congress the power to determine the time of choosing the Electors and the day on which they shall give their votes, which shall be the same throughout the United States. Each state shall appoint a number of Electors equal to the number of Senators and Representatives to which the state is entitled in Congress. The Electors shall meet in their respective states and vote for two persons, of whom one shall not be an inhabitant of the same state. The Person with the greatest number of votes becomes the President if they have a majority of the whole number of Electors appointed.
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State legislature
The Elections Clause is the primary source of constitutional authority to regulate elections for the US House of Representatives and the US Senate. The Clause empowers states to determine the "times, places, and manner" of congressional elections, subject to Congress's authority to "make or alter" state regulations. This includes the power to establish a single national Election Day for congressional elections.
The Constitution grants each level of government the authority to enact a complete code for elections, including rules on public notices, voter registration, voter protection, fraud prevention, vote counting, and determining election results. The power to make these rules governing the electoral process is a significant power conferred by the Constitution, as it can influence the election's outcome.
The Framers of the Constitution were concerned about the potential for states to establish unfair election procedures or undermine the national government by refusing to hold elections for Congress. To address this, they empowered Congress to step in and regulate such elections. Congress may pass federal laws regulating congressional elections that automatically displace or "preempt" any contrary state statutes.
The Supreme Court has interpreted the term "Legislature" broadly to include any entity or procedure that a state's constitution permits to exercise lawmaking power. This means that laws regulating congressional elections can be enacted not only by a state's actual legislature but also directly by its voters through initiatives or referendums, in states that allow such procedures. The Court has also held that a legislature may delegate its authority under the Elections Clause to other entities or officials.
In the context of the Elections Clause, the Court has determined that the function of the Legislature is lawmaking, and this function can be performed by the people of a state via an initiative consistent with state law.
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Presidential elections
The US Constitution's Elections Clause is the primary source of authority to regulate elections for the US House of Representatives and the US Senate. The Clause empowers states to determine the "times, places, and manner" of congressional elections, subject to Congress's authority to "make or alter" state regulations.
Congress has the power to regulate the time of choosing the electors for the President and the day on which they shall give their votes, and this day shall be the same throughout the United States. Each state shall appoint electors, equal to the number of Senators and Representatives to which the state is entitled in Congress. These electors shall meet in their respective states and vote for two persons, of whom one at least shall not be an inhabitant of the same state as themselves. The person with the greatest number of votes becomes the President if they have a majority. If there is no majority, the House of Representatives chooses the President from the five candidates with the most votes.
The Framers of the Constitution were concerned about the potential for unfair election procedures at the state level, so they gave Congress the power to "make or alter" rules concerning congressional elections. Congress has exercised this power by establishing a single national Election Day for congressional elections.
While Congress has mandated a uniform date for presidential elections, early and mail-in voting are nearly universally authorized across the states. Most primary elections are held between March and September, mainly on Tuesdays.
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Inauguration Day
While the US Constitution does not specify a date for federal elections, it does outline Inauguration Day procedures and the timeline for the transition of power.
The 20th Amendment to the Constitution, ratified on January 23, 1933, specifies that the term of each elected President of the United States begins at noon on January 20 of the year following the election. This amendment changed the original calendar date for the president's term from March 4 to January 20, addressing the challenges posed by a four-month delay between the November elections and the March inauguration. The delay often resulted in a lag in addressing pressing issues and crises.
The 20th Amendment also establishes a backup procedure in case there is no president-elect before Inauguration Day. In such a scenario, the vice president-elect would assume the role of the president until Congress appoints a new one. This provision was designed to prevent constitutional succession crises, as experienced in the elections of 1800 and 1876.
The Constitution grants Congress the authority to determine the specific day for Inauguration Day, with the default being the first Monday in December. The first use of the new calendar dates for inauguration occurred on January 3, 1935.
The Architect of the Capitol (AOC) plays a crucial role in preparing for the inauguration. They are responsible for erecting the inaugural platform, arranging seating and fencing, and coordinating with the Joint Congressional Committee on the Inaugural Ceremonies (JCCIC) to ensure all necessary physical arrangements are in place.
The President must take the oath of office before assuming their duties. On a few occasions, Inauguration Day has fallen on a Sunday, leading four presidents (Hayes, Wilson, Eisenhower, and Reagan) to take the oath privately before the public inaugural ceremonies.
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Frequently asked questions
The Elections Clause is the primary source of constitutional authority to regulate elections for the US House of Representatives and US Senate. The US Constitution's Article II also mentions the election of the President and Vice President.
The Elections Clause empowers states to determine the "times, places, and manner" of congressional elections, subject to Congress's authority to "make or alter" state regulations.
The Framers of the Constitution were concerned that states might establish unfair election procedures or refuse to hold elections for Congress. The Elections Clause grants each level of government the authority to enact a complete code for elections, including rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determination of election results.
