Watson v. Republican National Committee · ¶28

As we have said before, the federal election-day statutes “simply regulate the time of the election.” Foster, 522 U. S., at 71–72. The statute governing Presidential elections provides that Presidential electors “shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.” 3 U. S. C. §1. “‘[E]lection day’” is defined as the “Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President held in each State.” §21(1). The statute governing House elections “establishe[s]” “the day for the election” of Representatives as the same Tuesday in November in every even-numbered year. 2 U. S. C. §7. The calendar for Senate elections follows suit: Senators are “elected” at the “regular election . . . at which election a Representative to Congress is regularly by law to…

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