Watson v. Republican National Committee · ¶10

The Constitution’s Elections Clause empowers state legislatures to “prescrib[e]” the “Times, Places and Manner of holding” congressional elections. Art. I, §4, cl. 1. Congress may “‘override’” most of these choices. Foster v. Love, 522 U. S. 67, 69 (1997) (quoting U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 833 (1995)). By “default,” however, “responsibility for the mechanics of congressional elections” belongs to States. Foster, 522 U. S., at 69. As Alexander Hamilton put it, the Constitution lodges power over congressional elections in state legislatures “primarily” and in Congress “ultimately.” The Federalist No. 59, p. 362 (C. Rossiter ed. 1961).

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