Watson v. Republican National Committee · ¶12
Initially, Congress allowed States significant leeway with respect to the timing of elections. States had a 34-day window to appoint Presidential electors and exercised total control over the timing of other federal elections. See Act of Mar. 1, 1792, ch. 8, §1, 1 Stat. 239; J. Stonecash, J. Boscarino, & R. Kersh, Congressional Intrusion To Specify State Voting Dates for National Offices, 38 Publius: J. Federalism 137, 141–142 (2008). As soon became clear, this scheme was not the founding generation’s finest. Fraud, or at least allegations of it, ran rampant—because States could hold elections on different days, voters could travel across the country, casting ballots in multiple States. See Cong. Globe, 28th Cong., 1st Sess., 679 (1844); J. Silbey, The American Political Nation, 1838–1893, pp. 147–148 (1991) (Silbey). So in 1845, Congress enacted the first election-day statute, setting…Read in context ›
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