Watson v. Republican National Committee · ¶106

Consider next our decision in Foster v. Love, 522 U. S. 67. There, this Court concluded that the election-day statutes preempted an arrangement under which a congressional candidate who performed well enough in a primary could win election to office outright without facing a further contest. In invalidating this arrangement, Foster held that the election-day statutes’ use of the word “election” meant the “combined action of voters and officials meant to make a final selection of an officeholder.” Id., at 71. So, although Foster did not “isolat[e] precisely what acts a State must cause to be done on federal election day,” id., at 72, the Court did contemplate that the election-day statutes require more than just unilateral voter action. In other words, Foster explained that an “election” does not occur on election day unless both voters and officials play a role.

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