Malcolm Rivera
The United States Constitution outlines the process of electing the President and Vice President, including the timing of elections. While the Constitution does not specify a date for Election Day, it grants Congress the authority to determine the timing of choosing electors and the day on which they cast their votes, ensuring uniformity across the nation. This day typically falls on a Tuesday in early November, with variations in some states. The Constitution also establishes the Electoral College, a group of electors from each state who select the President and Vice President. The Twentieth Amendment sets the end of the President's term as January 20 following a general election, providing a deadline for the election process.
| Characteristics | Values |
|---|---|
| Election Day | The first Tuesday after the first Monday in November |
| Reason for Tuesday | Voters could attend church on Sunday, travel to the polling location on Monday, and vote before Wednesday, when farmers would sell their produce at the market |
| Election Day as a public holiday | Delaware, Hawaii, Illinois, Kentucky, Louisiana, Montana, New Jersey, New York, Virginia, West Virginia, Northern Mariana Islands, Puerto Rico |
| States requiring paid time off to vote | California |
| States with early voting | Nearly every state |
| States with mail voting | Nearly every state |
| States with elections for state offices during odd-numbered off years | A handful |
| States that may hold special elections | Any state with vacant offices |
| States empowered by the Elections Clause | All states are empowered to determine the "Times, Places, and Manner" of congressional elections |
| Congress's role per the Elections Clause | Congress can "make or alter" state regulations |
| Congress's role in preventing unfair election procedures | Congress can regulate elections to prevent states from establishing unfair procedures or refusing to hold elections for Congress |
| Congress's role in choosing electors | Congress may 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 |
| Deadline for states to send in electoral votes to Congress | Fourth Wednesday in December |
| End of a president's term | January 20 of the year following a general election |
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What You'll Learn
Congress determines the election date
The U.S. Constitution gives Congress the power to determine the date of federal elections. This power is derived from the Elections Clause, which authorises Congress to "make or alter" state regulations regarding the “Times, Places, and Manner” of congressional elections. Congress has used this authority to establish a uniform date for presidential and congressional elections, ensuring that they are held on the same day across the country.
The Elections Clause was included in the Constitution to address the Framers' concerns about potential unfair election procedures or attempts by states to undermine the national government by refusing to hold elections for Congress. By granting Congress the power to regulate elections, the Framers created a self-defense mechanism to protect the integrity of the electoral process.
In addition to setting a uniform election date, Congress has also mandated early and mail voting options in nearly every state. This was done to increase voter participation and make voting more accessible to those who may have difficulties voting in person on Election Day.
While Congress determines the election date, states play a crucial role in the process by appointing members of the Electoral College. The Electoral College is responsible for choosing the president and vice president, and each state appoints electors equal to the number of senators and representatives the state has in Congress. The states' role in appointing electors ensures that the election process involves both federal and state authorities.
The current federal law, established by Congress, sets the election date as the Tuesday after the first Monday in November. This date was chosen to harmonise with the existing 34-day window in federal law, allowing voters time to travel to polling locations and vote before the Wednesday market day. The timing also takes into account the completion of the harvest season and the arrival of severe winter weather.
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Presidential term deadline: January 20
The US Constitution's 20th Amendment specifies that the term of each elected President of the United States ends, and a new one begins, at noon on January 20 of the year following a general election. This deadline applies regardless of any term limits imposed on the President under the 22nd Amendment.
The presidential election process follows a typical cycle, with elections held every four years, in years divisible by four. The election falls on the first Tuesday after the first Monday in November. The next presidential election is scheduled for November 7, 2028.
The Twentieth Amendment, passed in 1933, changed the beginning and end dates for the terms of the President, Vice President, Congressmen, and Senators, but it did not affect the timing of Election Day. The original deadline for states to choose presidential electors was within a 34-day period before the first Wednesday in December.
The Constitution requires two steps in the general election and Electoral College process. Firstly, states are required to appoint members of the Electoral College, and secondly, Congress delegates the Electoral College deadlines and determines when states must cast their electoral votes. The Electoral College chooses the next president, and if a majority of electors cannot agree on a winner, Congress picks the winner in contingent elections held within Congress under the 12th Amendment.
If there is no clear winner of the presidential election by January 20, the Speaker of the House would serve as Acting President under the current succession law until a President or Vice President is qualified.
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Tuesday chosen for religious reasons
In the United States, Election Day falls on the Tuesday after the first Monday in November. This date was chosen for several reasons, including religious ones.
In the 1800s, most Americans were devout Christians, and Sunday was a day of rest and worship. Wednesday was also out of the question as it was market day, when farmers sold their crops in town. With Sunday and Wednesday unavailable, Monday and Thursday were also impractical, leaving Tuesday as the best option.
Farm culture also explains why Election Day falls in November. Elections in spring and early summer were thought to interfere with the planting season, while those held in late summer and early fall overlapped with the harvest. November, after the harvest was complete, but before the arrival of harsh winter weather, was therefore seen as the best choice.
In recent decades, the fact that Election Day falls on a Tuesday has become controversial, as many people might be unable to vote because they have to work. Some states have since declared Election Day a public holiday, while others require that workers be given time off with pay.
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November elections for harvest reasons
In the United States, Election Day is held on the first Tuesday after the first Monday in November. This date was established by the 28th Congress in 1845, which passed an Act mandating a uniform time for holding elections for the president and vice-president of the United States.
The choice of this particular Tuesday in November is rooted in America's agrarian past. In the 19th century, most Americans worked as farmers and lived far away from their polling places. With travel often taking at least a day, a two-day window for Election Day was deemed necessary. Holding the elections on a weekend was impractical, as Sundays were reserved for church and Wednesdays were market days for farmers. Tuesdays, therefore, emerged as the most convenient option.
Additionally, November was chosen because it followed the harvest season but preceded the harsh winter weather that could impede transportation. Spring and early summer elections would have interfered with the planting season, while late summer and early fall elections would have overlapped with harvesting. Thus, November presented itself as the ideal month for conducting elections.
While this historical rationale is compelling, some critics argue that holding elections on Tuesdays in modern times is inconvenient as many people have to work, potentially hindering their ability to vote. Several proposals have emerged to address this issue, including making Election Day a federal holiday, merging it with Veterans Day, or allowing voting over multiple days or by mail.
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Voting on a single day
The United States Constitution's Elections Clause gives Congress the authority to regulate the "times, places, and manner" of congressional elections. This includes the ability to establish a single national Election Day for these elections. The Constitution also empowers Congress to determine the process and timeline for the Electoral College to choose the President.
To prevent information from one state from influencing presidential electoral outcomes in another, Congress mandated a uniform national date for choosing presidential electors in 1845. Congress chose the first Tuesday after the first Monday in November to harmonize with the existing 34-day window in federal law. This timeline was chosen to avoid interfering with religious practices, transportation, and markets.
The current statute requires that electors for President and Vice President of each state meet and cast their votes on the first Monday after the second Wednesday in December. This date falls within the 34-day period before the first Wednesday in December, as specified in federal law by 1792. The states must then send their electoral votes to Congress by the fourth Wednesday in December.
While Congress has established a single national Election Day, early and mail voting are authorized in nearly every state, and some states hold elections during odd-numbered off-years. The majority of states do not recognize Election Day as a public holiday, leading to concerns about voter turnout. Some propose making Election Day a federal holiday or merging it with Veterans Day, while others suggest moving Election Day to the weekend.
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Frequently asked questions
The US Constitution does not specify a date for Election Day. However, the Constitution does outline the process for electing the President and Vice President, which involves the Electoral College.
The Electoral College is a group of electors from each state who are appointed to choose the President and Vice President. The number of electors from each state is equal to the number of senators and representatives that state has in Congress.
Congress determines the date by which electors must cast their votes, which is the same throughout the United States. This date falls on a Tuesday after the first Monday in December.
The terms of the President and Vice President begin on January 20th of the year following the election. This is the only hard deadline specified in the Constitution regarding election timing.
