Election Day: Frequently Asked Questions

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Election Day: Frequently Asked Questions
~~June 12, 2020~~ January 6, 2021
Election Day is the day legally established to select public officials Election Day is the day legally established to select public officials in the United States. General in the United States. General
elections for federal offices—President, Vice President, and U.S. Congress—are held on the elections for federal offices—President, Vice President, and U.S. Congress—are held on the
Ben Leubsdorf
Tuesday after the first Monday in November in even-numbered years. Citizens vote for President Tuesday after the first Monday in November in even-numbered years. Citizens vote for President
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and Vice President every four years, Representatives every two years, and Senators every six and Vice President every four years, Representatives every two years, and Senators every six
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years; this excludes special elections to fill unexpired terms. State and local elections are often years; this excludes special elections to fill unexpired terms. State and local elections are often

but not always held on the same day as federal elections. but not always held on the same day as federal elections.

This report provides responses to frequently asked questions about the history and current legal This report provides responses to frequently asked questions about the history and current legal
status of Election Day. It discusses how the first federal elections were held, how a single Election Day for federal offices status of Election Day. It discusses how the first federal elections were held, how a single Election Day for federal offices
was established in the 19th century, why the Tuesday after the first Monday in November was selected as Election Day, and was established in the 19th century, why the Tuesday after the first Monday in November was selected as Election Day, and
related issues. related issues.
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Election Day: Frequently Asked Questions

What Is Election Day?
Election Day is the day Election Day is the day ~~legal y~~ legally established for the general election of federal public officials: established for the general election of federal public officials:
President, Vice President, and U.S. Congress. Citizens vote for President and Vice President President, Vice President, and U.S. Congress. Citizens vote for President and Vice President
every four years, Representatives every two years, and Senators every six years; this excludes every four years, Representatives every two years, and Senators every six years; this excludes
special elections to special elections to ~~fil~~ fill unexpired terms. State and local elections are often, but not always, held unexpired terms. State and local elections are often, but not always, held
on the same day as federal elections. on the same day as federal elections.
When Is Election Day?
Election Day for federal offices is held on the Tuesday after the first Monday in November in Election Day for federal offices is held on the Tuesday after the first Monday in November in
even-numbered years. Election Day even-numbered years. Election Day ~~fal s~~falls between November 2 and November 8, depending on between November 2 and November 8, depending on
the calendar. Upcoming elections are scheduled for November the calendar. Upcoming elections are scheduled for November ~~3, 2020,~~8, 2022 and November and November ~~8, 2022~~5, 2024. .
What Does the Constitution Say About Election
Day?
The Constitution and federal statutes provide a structure for elections and voting in the United The Constitution and federal statutes provide a structure for elections and voting in the United
States, but election administration is primarily a state responsibility. The Constitution does not States, but election administration is primarily a state responsibility. The Constitution does not
designate a specific day for holding elections. It designate a specific day for holding elections. It ~~al ows~~allows states to choose the “Times, Places and states to choose the “Times, Places and
Manner of holding Elections for Senators and Representatives,” but it permits Congress to “make Manner of holding Elections for Senators and Representatives,” but it permits Congress to “make
or alter” those state rules “except as to the Places of [choosing] Senators.”1 The Constitution also or alter” those state rules “except as to the Places of [choosing] Senators.”1 The Constitution also
empowers Congress to select the time for choosing presidential electors for the Electoral College empowers Congress to select the time for choosing presidential electors for the Electoral College
and the day and the day al all states’ electors vote for President and Vice President.2 states’ electors vote for President and Vice President.2
When Were the First Federal Elections Held?
Popular elections for Representatives were held between November 24, 1788, and June 22, 1789.3 Popular elections for Representatives were held between November 24, 1788, and June 22, 1789.3
Senators were selected by state legislatures, as established in the Constitution.4 Different states Senators were selected by state legislatures, as established in the Constitution.4 Different states
chose presidential electors in different ways, some by popular vote and others by legislatures;5 the chose presidential electors in different ways, some by popular vote and others by legislatures;5 the
electors cast their electors cast their ~~bal ots~~ballots on February 4, 1789, and the newly assembled Congress counted the on February 4, 1789, and the newly assembled Congress counted the
votes on April 6, 1789.6 votes on April 6, 1789.6

1 Article I, Section 4, clause1 Article I, Section 4, clause 1. 1.
2 Article II, Section 1, clause2 Article II, Section 1, clause 4. 4.
3 Kate Kelly, 3 Kate Kelly, Election Day: An American Holiday, An American History (New (New York: Facts on File, 1991), p. 26. York: Facts on File, 1991), p. 26.
4 Article I, Section 3, clause4 Article I, Section 3, clause 1. 1.
5 Marcus Cunliffe, “Elections of 1789 and 1792,” in 5 Marcus Cunliffe, “Elections of 1789 and 1792,” in History of American Presidential Elections, 1789-1968, eds. , eds.
Arthur M. SchlesingerArthur M. Schlesinger Jr., FredJr., Fred L. Israel, and William P. Hansen, vol. 1 (NewL. Israel, and William P. Hansen, vol. 1 (New York: ChelseaYork: Chelsea House Publishers,House Publishers, 1971), 1971),
pp. 3-32. pp. 3-32.
6 D. Jason Berggren, 6 D. Jason Berggren, “Presidential Election of 1789,” in “Presidential Election of 1789,” in The Digital Encyclopedia of George Washington, eds. Jim , eds. Jim
AmbuskeAmbuske and Jeanette Patrick, at https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/aboutand Jeanette Patrick, at https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/about -the--the-
encyclopedia. encyclopedia.
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Election Day: Frequently Asked Questions

When and How Was a Single Election Day Created?
In 1845, the 28th Congress set a single date for states to appoint presidential electors.In 1845, the 28th Congress set a single date for states to appoint presidential electors.
In 1792, the 2nd Congress decided presidential electors would vote on the first Wednesday in In 1792, the 2nd Congress decided presidential electors would vote on the first Wednesday in
December, and electors must be chosen in the 34 days leading up to that date.7 More than half of December, and electors must be chosen in the 34 days leading up to that date.7 More than half of
the states in the early 1800s held presidential elections in early November.8 the states in the early 1800s held presidential elections in early November.8
As travel and communication methods became faster in the 19th century, potential manipulation As travel and communication methods became faster in the 19th century, potential manipulation
and fraud concerns grew due to different election days in different states: “The 34-day period and fraud concerns grew due to different election days in different states: “The 34-day period
during which elections could be held prolonged excitement and provided time for more during which elections could be held prolonged excitement and provided time for more
intrigue.”9 Members of the House, when debating a intrigue.”9 Members of the House, when debating a ~~bil~~ bill in 1844 that would set a uniform in 1844 that would set a uniform
presidential Election Day across the country, declared the goal was “to guard against frauds in the presidential Election Day across the country, declared the goal was “to guard against frauds in the
elections of President and Vice President.”10 elections of President and Vice President.”10
In 1845, the 28th Congress set “the Tuesday next after the first Monday in the month of In 1845, the 28th Congress set “the Tuesday next after the first Monday in the month of
November” as the date for states to appoint presidential electors.11 The first unified presidential November” as the date for states to appoint presidential electors.11 The first unified presidential
Election Day was November 7, 1848.12 Current law states that “the electors of President and Vice Election Day was November 7, 1848.12 Current law states that “the electors of President and Vice
President President ~~shal~~ shall be appointed, in each State, on the Tuesday next after the first Monday in be appointed, in each State, on the Tuesday next after the first Monday in
November, in every fourth year succeeding every election of a President and Vice President.”13 November, in every fourth year succeeding every election of a President and Vice President.”13
In 1872, the 42nd Congress aligned House elections with presidential elections by scheduling In 1872, the 42nd Congress aligned House elections with presidential elections by scheduling
them for “the Tuesday next after the first Monday in November” starting in 1876 and “in every them for “the Tuesday next after the first Monday in November” starting in 1876 and “in every
second year thereafter.”14 Current law states that “the Tuesday next after the 1st Monday in second year thereafter.”14 Current law states that “the Tuesday next after the 1st Monday in
November, in every even numbered year, is established as the day for the election, in each of the November, in every even numbered year, is established as the day for the election, in each of the
States and Territories of the United States, of Representatives and Delegates to the Congress States and Territories of the United States, of Representatives and Delegates to the Congress
commencing on the 3d day of January next thereafter.”15 commencing on the 3d day of January next thereafter.”15
Before the Seventeenth Amendment was ratified in 1913, state legislatures elected Senators. In Before the Seventeenth Amendment was ratified in 1913, state legislatures elected Senators. In
1914, the 63rd Congress aligned popular election of Senators with the biennial House elections.16 1914, the 63rd Congress aligned popular election of Senators with the biennial House elections.16
Under current law, Under current law,
At the regular election held in any State next preceding the expiration of the term for which At the regular election held in any State next preceding the expiration of the term for which
any Senatorany Senator was electedwas elected to representto represent ~~such~~ such State in Congress,State in Congress, at which electionat which election a a
Representative to Congress is regularly by law to be chosen, a United States Senator from Representative to Congress is regularly by law to be chosen, a United States Senator from
said State shall be elected by the people thereof for the term commencing on the 3d day of said State shall be elected by the people thereof for the term commencing on the 3d day of
January next thereafter.17 January next thereafter.17

7 1 Stat. 239. 7 1 Stat. 239.
8 Jeffrey M. Stonecash, Jessica8 Jeffrey M. Stonecash, Jessica E. Boscarino, Rogan TE. Boscarino, Rogan T . Kersh, “Congressional Intrusion to Specify State Voting Dates . Kersh, “Congressional Intrusion to Specify State Voting Dates
for National Offices,” for National Offices,” Publius, vol. 38, no. 1 (Winter 2008), pp. 137-151. , vol. 38, no. 1 (Winter 2008), pp. 137-151.
9 Kate Kelly, 9 Kate Kelly, Election Day: An American Holiday, An American History (New (New York: Facts on File, 1991), p. 34. York: Facts on File, 1991), p. 34.
10 “Election Bill,” 10 “Election Bill,” Congressional Globe, December 13, 1844, p. 29. , December 13, 1844, p. 29.
11 5 Stat. 721. 11 5 Stat. 721.
12 James K. Polk, “President Polk Reacts to the Election of His Successor—Washington, D.C., 1848,” in 12 James K. Polk, “President Polk Reacts to the Election of His Successor—Washington, D.C., 1848,” in Election Day:
A ~~Docum entary~~Documentary History, by Robert J. Dinkin (Westport, CT, by Robert J. Dinkin (Westport, CT : Greenwood Press, 2002), pp. 77: Greenwood Press, 2002), pp. 77 -78. -78.
13 3 U.S.C. 13 3 U.S.C. §1. §1.
14 17 Stat. 28. 14 17 Stat. 28.
15 2 U.S.C.15 2 U.S.C. §7. §7.
16 38 Stat. 384. 16 38 Stat. 384.
17 2 U.S.C.17 2 U.S.C. §1. §1.
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Election Day: Frequently Asked Questions

Why Was the First Tuesday After the First Monday
in November Chosen as Election Day?
The timing of Election Day means citizens cast their The timing of Election Day means citizens cast their ~~bal ots~~ballots for President and Vice President for President and Vice President
roughly one month before the formal vote of the Electoral College.18 roughly one month before the formal vote of the Electoral College.18
In a mostly agrarian society, holding elections late in the year avoided the harvest season and the In a mostly agrarian society, holding elections late in the year avoided the harvest season and the
onset of harsh weather. “Early November onset of harsh weather. “Early November ~~fel~~ fell, Goldilocks-like, between the end of the autumnal , Goldilocks-like, between the end of the autumnal
harvest and the grip of winter.”19 harvest and the grip of winter.”19
Voting on Tuesday, rather than Monday, sidestepped religious complications. “Given that voters Voting on Tuesday, rather than Monday, sidestepped religious complications. “Given that voters
from remote areas had to travel overnight to poll, it did not seem appropriate to require them to from remote areas had to travel overnight to poll, it did not seem appropriate to require them to
travel on Sunday, the Sabbath for most Christians.”20 travel on Sunday, the Sabbath for most Christians.”20
Lawmakers prevented Election Day from Lawmakers prevented Election Day from ~~fal ing~~falling on November 1 by selecting the first Tuesday on November 1 by selecting the first Tuesday
after the first Monday, which “took into consideration the fact that many merchants used the first after the first Monday, which “took into consideration the fact that many merchants used the first
day of the month to day of the month to ~~tal y~~tally their books from the previous month.”21 their books from the previous month.”21
Are State and Local Elections Held at the Same Time
as Federal Elections?
The federal government has no formal role in scheduling elections for nonfederal offices at the The federal government has no formal role in scheduling elections for nonfederal offices at the
state and local level,22 but many jurisdictions use the federal election date for convenience. A few state and local level,22 but many jurisdictions use the federal election date for convenience. A few
states hold “off-year” elections in odd-numbered years.23 Many cities and local school districts states hold “off-year” elections in odd-numbered years.23 Many cities and local school districts
hold “off-cycle” elections, as hold “off-cycle” elections, as ~~wel~~ well.24 .24
Can Election Day Be Rescheduled or Postponed?
The timing of Election Day is set by law, and changing the date would require enacting a new The timing of Election Day is set by law, and changing the date would require enacting a new
law, as “neither the Constitution nor Congress provides any ... power to the President or other law, as “neither the Constitution nor Congress provides any ... power to the President or other
federal officials to change this date outside of Congress’s regular legislative process.”25federal officials to change this date outside of Congress’s regular legislative process.”25

~~18 CRS~~ 18 CRS Report RL32611, Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by , by ~~T homas~~Thomas H. H.
Neale. Neale.
19 Graeme Orr, 19 Graeme Orr, Ritual and Rhythm in Electoral Systems: A Comparative Legal Account (London and New (London and New York: York:
Routledge,Routledge, 2016), p. 39 (hereafter Orr, 2016). 2016), p. 39 (hereafter Orr, 2016).
20 Orr, 2016, p. 39. 20 Orr, 2016, p. 39.
21 Mary Lynn F. Jones, “election day,” in 21 Mary Lynn F. Jones, “election day,” in Encyclopedia of American Political Parties and Elections, eds., eds. Larry J. Larry J.
Sabato and HowardSabato and Howard R. Ernst, 2nd ed. (NewR. Ernst, 2nd ed. (New York: Facts on File, 2014), p. 120. York: Facts on File, 2014), p. 120.
22 CRS 22 CRS Report R45302, Report R45302, Federal Role in U.S. Campaigns and Elections: An Overview, by R., by R. Sam Garrett. Sam Garrett.
23 Paul Braun et al., “Why 23 Paul Braun et al., “Why ~~T hese~~These 5 States Hold Odd-Year 5 States Hold Odd-Year Elections, Bucking the Elections, Bucking the ~~T rend~~Trend,” National Public Radio, ,” National Public Radio,
November 4, 2019, at https://www.npr.org/2019/11/04/767959274/why-these-5-states-hold-odd-year-elections-November 4, 2019, at https://www.npr.org/2019/11/04/767959274/why-these-5-states-hold-odd-year-elections-
bucking-the-trend. bucking-the-trend.
24 Sarah F. Anzia, “Election 24 Sarah F. Anzia, “Election ~~T iming~~Timing and the Electoral Influence of Interest Groups,” and the Electoral Influence of Interest Groups,” The Journal of Politics, vol. 72, , vol. 72,
no. 3 (May 2011), pp. 412-427. no. 3 (May 2011), pp. 412-427.
25 CRS25 CRS Legal SidebarLegal Sidebar LSB10425, LSB10425, Postponing Federal Elections and the COVID-19 Pandemic: Legal Considerations, ,
by Jacob D. Shelly,by Jacob D. Shelly, p. 2. p. 2.
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Election Day: Frequently Asked Questions

Are Liquor Sales Prohibited on Election Day?
Not anymore. A long tradition in American politics offered strong drink as an incentive for voters Not anymore. A long tradition in American politics offered strong drink as an incentive for voters
to turn out and support certain candidates at the polls.26 As of the early 1970s, alcohol sales were to turn out and support certain candidates at the polls.26 As of the early 1970s, alcohol sales were
“prohibited almost uniformly on Election Day, at least during polling“prohibited almost uniformly on Election Day, at least during polling hours.”27 States abandoned hours.”27 States abandoned
the policy over time, and South Carolina lifted the nation’s last statewide Election Day liquor ban the policy over time, and South Carolina lifted the nation’s last statewide Election Day liquor ban
in 2014.28 in 2014.28

Author Information

Ben Leubsdorf Ben Leubsdorf

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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should under the direction of Congress. Information in a CRS Report should ~~n ot~~not be relied upon for purposes other be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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26 Lisa Bramen, “Swilling26 Lisa Bramen, “Swilling the Planters With Bumbo: When Booze Bought Elections,” the Planters With Bumbo: When Booze Bought Elections,” Smithsonian Magazine, October , October
20, 2010, at https://www.smithsonianmag.com/arts-culture/swilling-the-planters-with-bumbo-when-booze-bought-20, 2010, at https://www.smithsonianmag.com/arts-culture/swilling-the-planters-with-bumbo-when-booze-bought-
elections-102758236. elections-102758236.
27 National Commission on Marihuana and Drug 27 National Commission on Marihuana and Drug Abuse,Abuse, Marihuana: A Signal of Misunderstanding: Appendix: The
Technical Papers of the First Report of the National ~~Com m ission~~Commission on Marihuana and Drug Abuse, 1972, p. 512. , 1972, p. 512.
28 Cassie28 Cassie Cope, “SCCope, “SC to Permit Sales of Liquor for First to Permit Sales of Liquor for First ~~T ime~~Time on Election Day,” on Election Day,” The State, November 3, 2014, at, November 3, 2014, at
https://www.thestate.com/news/local/article13908065.html. https://www.thestate.com/news/local/article13908065.html.
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