Election Day: Frequently Asked Questions
November 2, 2023May 2, 2024
Election Day is the day legally established to select public officials in the United States. General
Election Day is the day legally established to select public officials 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
Caitlin Curran
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
Reference and DigitalSenior Knowledge
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
ServicesManagement Librarian Librarian
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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Contents
What Is Election Day? ..................................................................................................................... 1
When Is Election Day? .................................................................................................................... 1
What Does the Constitution SayState About Election Day? ................................................................... 1
When Were the First Federal Elections Held? ................................................................................. 12
When and How Was a Single Election Day Created? ..................................................................... 1
2
History of the 1845 Act ............................................................................................................. 2 Post-1845 Act Developments .................................................................................................... 3
Why Was the First Tuesday After the First Monday in November Chosen as Election
Day? ............................................................................................................................................. 3
Are State and Local Elections Held at the Same Time as Federal Elections? ................................. 34
Can Election Day Be Rescheduled or Postponed? .......................................................................... 34
Are Liquor Sales Prohibited on Election Day? ............................................................................... 4
Contacts
Author Information .......................................................................................................................... 45
Congressional Research Service
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Election Day: Frequently Asked Questions
What Is Election Day?
Election Day is the day legally established for the general electionElection Day is the day legally established for the general election
, sometimes referred to as a “popular election,” of federal public officials: of federal public officials:
President, Vice President, and President, Vice President, and
Members of the U.S. Congress.U.S. Congress.
1 Citizens vote for President and Vice President 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 fill unexpired terms.special elections to fill unexpired terms.2 Primary elections, used to nominate candidates for a general election, are also excluded.3 The Senate is divided into three election classes, with approximately one-third of Senators standing for reelection or election every two years, each term lasting six years. State and local elections are often, but not always, held State and local elections are often, but not always, held
on the same day as federal elections.on the same day as federal elections.
4
When Is Election Day?
A federal statute provides that 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.even-numbered years.
5 Election Day falls between November 2 and November 8, depending on Election Day falls between November 2 and November 8, depending on
the calendarthe year. Upcoming . Upcoming
federal elections are scheduled for November 5, 2024, and November 3, 2026. elections are scheduled for November 5, 2024, and November 3, 2026.
What Does the Constitution SayState About
Election Day?
The Constitution 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 designate a specific day for holding elections. It allows states to choose the “Times, Places and allows states to choose the “Times, Places and
Manner of holding Elections for Senators and Representatives,” but Manner of holding Elections for Senators and Representatives,” but
it permits Congress to “make permits Congress to “make
or alter” those state rules “except as to the Places of [choosing] Senators.”or alter” those state rules “except as to the Places of [choosing] Senators.”
16 The Constitution also 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 all states’ electors and the day all states’ electors
vote for President and Vice President.7 The Constitution does not designate a specific day for holding elections; rather, that date was designated by an act of Congress.8
1 3 U.S.C. §1 and 2 U.S.C. §1. 2 See 3 U.S.C. §21 for the President, 2 U.S.C. §7 for the House of Representatives, and 2 U.S.C. §1 for the Senate. For Senators, see also Article I, Section 3, Clause 2 and the section of Senate Classes at United States Senate, “About the Senate and the Constitution,” at https://www.senate.gov/about/origins-foundations/senate-and-constitution.htm.
3 National Conference of State Legislatures Report, Primaries: More than One Way to Find a Party Nominee, January 19, 2021, at https://www.ncsl.org/elections-and-campaigns/primaries-more-than-one-way-to-find-a-party-nominee.
4 For information on state elections generally, see the National Conference of State Legislatures, at https://www.ncsl.org/elections-and-campaigns/.
5 2 U.S.C. §7. 6 Article I, Section 4, clause 1. See generally Cong. Rsch. Serv., ArtI.S4.C1.1 Historical Background on Elections Clause, CONSTITUTION ANNOTATED, https://constitution.congress.gov/browse/essay/artI-S4-C1-1/ALDE_00013351/ (last visited Apr. 12, 2024). For further discussion of relevant constitutional provisions, see CRS In Focus IF12291, Elections and Voting: Policy and Legal Issues for the 118th Congress, by R. Sam Garrett and L. Paige Whitaker.
7 Article II, Section 1, clause 4. See generally Cong. Rsch. Serv., ArtII.S1.C4.1 Timing of Electoral Votes Generally, CONSTITUTION ANNOTATED, https://constitution.congress.gov/browse/essay/artII-S1-C4-1/ALDE_00013599/ (last visited April 12, 2024).
8 Act of February 2, 1872, ch. 11, §3, 17 Stat. 28.
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When Were the First Federal Elections Held? Between November 24, 1788, and June 22, 1789, elections were held for the U.S. House of Representatives and the Senate. Popular elections for Representatives.9 Senators were selected by state legislatures, as established in the Constitution.10
States chose presidential electors in different ways, some by popular vote and others by legislatures;11 the electors cast their ballots on February 4, 1789, and the newly assembled Congress counted the votes on April 6, 1789.12
When and How Was a Single Election Day Created? In 1845, the 28th Congress set a single date for states to appoint presidential electors.13
History of the 1845 Act Leading up to the 1845 directive, invote 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 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 electors cast their ballots on February 4, 1789, and the newly assembled Congress counted the votes on April 6, 1789.6
When and How Was a Single Election Day Created?
In 1845, the 28th Congress set a single date for states to appoint presidential electors.
1 Article I, Section 4, clause 1. 2 Article II, Section 1, clause 4. 3 Kate Kelly, Election Day: An American Holiday, An American History (New York: Facts on File, 1991), p. 26. 4 Article I, Section 3, clause 1. 5 Marcus Cunliffe, “Elections of 1789 and 1792,” in History of American Presidential Elections, 1789-1968, eds. Arthur M. Schlesinger Jr., Fred L. Israel, and William P. Hansen, vol. 1 (New York: Chelsea House Publishers, 1971), pp. 3-32.
6 D. Jason Berggren, “Presidential Election of 1789,” in The Digital Encyclopedia of George Washington, eds. Jim Ambuske and Jeanette Patrick, at https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/about-the-encyclopedia.
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In 1792, the 2nd Congress decided presidential electors would vote on the first Wednesday 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.December, and electors must be chosen in the 34 days leading up to that date.
7 More14 In the early 1800s, more than half of than half of
the states the states
in the early 1800s held presidential elections in early November.held presidential elections in early November.
815
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.”intrigue.”
916 Members of the House, when debating a bill in 1844 that would set a uniform Members of the House, when debating a bill 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.”elections of President and Vice President.”
1017
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.November” as the date for states to appoint presidential electors.
1118 The first unified presidential The first unified presidential
Election Day was November 7, 1848.Election Day was November 7, 1848.
1219 Current law states that “ Current law states that “
the[t]he electors of President and Vice electors of President and Vice
President shall 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
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 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 States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.”15
Before the Seventeenth Amendment was ratified in 1913, state legislatures elected Senators. In 1914, the 63rd Congress aligned the popular election of Senators with the biennial House elections.16 Under current law,
At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a 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 January next thereafter.17
7 1 Stat. 239. 8President shall be appointed, in each State, on election day, in accordance with the laws of
9 Kate Kelly, Election Day: An American Holiday, An American History (New York: Facts on File, 1991), p. 26. 10 Article I, Section 3, clause 1. 11 Marcus Cunliffe, “Elections of 1789 and 1792,” in History of American Presidential Elections, 1789-1968, eds. Arthur M. Schlesinger Jr., Fred L. Israel, and William P. Hansen, vol. 1 (New York: Chelsea House Publishers, 1971), pp. 3-32.
12 D. Jason Berggren, “Presidential Election of 1789,” in The Digital Encyclopedia of George Washington, eds. Jim Ambuske and Jeanette Patrick, at https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/about-the-encyclopedia.
13 Act of January 23, 1845, ch. 1, 5 Stat. 721. 14 Act of March 1, 1792, ch. 8, 1 Stat. 239. 15 Jeffrey M. Stonecash, Jessica E. Boscarino, Rogan T. Kersh, “Congressional Intrusion to Specify State Voting Dates Jeffrey M. Stonecash, Jessica E. Boscarino, Rogan T. 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.
916 Kate Kelly, Kate Kelly,
Election Day: An American Holiday, An American History (New York: Facts on File, 1991), p. 34. (New York: Facts on File, 1991), p. 34.
1017 “Election Bill,” “Election Bill,”
Congressional Globe, December 13, 1844, p. 29. , December 13, 1844, p. 29.
1118 5 Stat. 721. 5 Stat. 721.
1219 James K. Polk, “President Polk Reacts to the Election of His Successor—Washington, D.C., 1848,” in James K. Polk, “President Polk Reacts to the Election of His Successor—Washington, D.C., 1848,” in
Election Day:
A Documentary History, by Robert J. Dinkin (Westport, CT: Greenwood Press, 2002), pp. 77-78. , by Robert J. Dinkin (Westport, CT: Greenwood Press, 2002), pp. 77-78.
13 3 U.S.C. §1. 14 17 Stat. 28. 15 2 U.S.C. §7. 16 38 Stat. 384. 17 2 U.S.C. §1.
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the State enacted prior to election day.”20 Election 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, except, in the case of a State that appoints electors by popular vote, if the State modifies the period of voting, as necessitated by force majeure events that are extraordinary and catastrophic, as provided under laws of the State enacted prior to such day, ‘election day’ shall include the modified period of voting.”21
Post-1845 Act Developments 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 second year thereafter.”22 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 States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.”23
Before the Seventeenth Amendment was ratified in 1913, state legislatures elected Senators. In 1914, the 63rd Congress aligned the popular election of Senators with the biennial House elections.24 Under current law,
At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a 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 January next thereafter.25
Why Was the First Tuesday After the First Monday
in November Chosen as Election Day?
The timing of Election Day means citizens cast their ballots for President and Vice President The timing of Election Day means citizens cast their ballots for President and Vice President
roughly one month before the formal vote of the Electoral College.roughly one month before the formal vote of the Electoral College.
18
In26
One researcher noted that in a mostly agrarian society, holding elections late in the year avoided the harvest season and the a mostly agrarian society, holding elections late in the year avoided the harvest season and the
onset of harsh weather. “Early November fell, Goldilocks-like, between the end of the autumnal onset of harsh weather. “Early November fell, Goldilocks-like, between the end of the autumnal
harvest and the grip of winter.”harvest and the grip of winter.”
1927
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.”travel on Sunday, the Sabbath for most Christians.”
2028
20 3 U.S.C. §1. 21 3 U.S.C. §21(1). 22 Act of February 2, 1872, ch. 11, 17 Stat. 28. 23 2 U.S.C. §7. 24 38 Stat. 384. 25 2 U.S.C. §1. 26 CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale.
27 Graeme Orr, Ritual and Rhythm in Electoral Systems: A Comparative Legal Account (London and New York: Routledge, 2016), p. 39 (hereinafter Orr, 2016).
28 Orr, 2016, p. 39.
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Lawmakers prevented Election Day from falling on November 1 by selecting the first Tuesday
Lawmakers prevented Election Day from falling 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 tally their books from the previous month.”day of the month to tally their books from the previous month.”
2129
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,state and local level,
2230 but many jurisdictions use the federal election date for convenience. but many jurisdictions use the federal election date for convenience.
31 A A few few
states hold “off-year” elections in odd-numbered years.states hold “off-year” elections in odd-numbered years.
2332 Many cities and local school districts Many cities and local school districts
hold “off-cycle” elections, as well.hold “off-cycle” elections, as well.
2433
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.”federal officials to change this date outside of Congress’s regular legislative process.”
25
18 CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale.
19 Graeme Orr, Ritual and Rhythm in Electoral Systems: A Comparative Legal Account (London and New York: Routledge, 2016), p. 39 (hereafter Orr, 2016).
20 Orr, 2016, p. 39. 2134
Are Liquor Sales Prohibited on Election Day? Not anymore. Following the passage of the Twenty-First Amendment in 1933, which ended Prohibition and delegated alcohol regulation to the states,35 a number of states continued to prohibit the sale of alcohol on Election Day.36 States abandoned the policy over time, and South Carolina lifted the nation’s last statewide Election Day liquor ban in 2014.37
29 Mary Lynn F. Jones, “election day,” in Mary Lynn F. Jones, “election day,” in
Encyclopedia of American Political Parties and Elections, eds. Larry J. , eds. Larry J.
Sabato and Howard R. Ernst, 2nd ed. (New York: Facts on File, 2014), p. 120. Sabato and Howard R. Ernst, 2nd ed. (New York: Facts on File, 2014), p. 120.
2230 CRS Report R45302, CRS Report R45302,
Federal Role in U.S. Campaigns and Elections: An Overview, by R. Sam Garrett. , by R. Sam Garrett.
2331 CRS Report RL30527, Presidential Elections in the United States: A Primer, by Kevin J. Coleman, Joseph E. Cantor, and Thomas H. Neale.
32 Paul Braun et al., “Why These 5 States Hold Odd-Year Elections, Bucking the Trend,” National Public Radio, Paul Braun et al., “Why These 5 States Hold Odd-Year Elections, Bucking the Trend,” 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.
2433 Sarah F. Anzia, “Election Timing and the Electoral Influence of Interest Groups,” Sarah F. Anzia, “Election Timing 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.
2534 CRS Legal Sidebar LSB10425, CRS Legal Sidebar LSB10425,
Postponing Federal Elections and the COVID-19 Pandemic: Legal Considerations, ,
by Jacob D. Shelly, p. 2. by Jacob D. Shelly, p. 2.
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Are Liquor Sales Prohibited on Election Day?
Not anymore. A long tradition in American politics offered a 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 “prohibited almost uniformly on Election Day, at least during polling hours.”27 States abandoned the policy over time, and South Carolina lifted the nation’s last statewide Election Day liquor ban in 2014.28
Author Information
Caitlin Curran
Reference and Digital Services Librarian
Acknowledgments
This fact sheet was originally authored by Ben Leubsdorf, CRS 35 CRS Legal Sidebar LSB11067, The Twenty-First Amendment and the End of Prohibition, Part 3: Drafting and State Ratification, by Brandon J. Murrill.
36 National Research Council, 1981, Alcohol and Public Policy: Beyond the Shadow of Prohibition, Washington, DC: The National Academies Press (p. 173).
37 Cassie Cope, “SC to Permit Sales of Liquor for First Time on Election Day,” The State, November 3, 2014, at https://www.thestate.com/news/local/article13908065.html.
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Author Information
Caitlin Curran
Senior Knowledge Management Librarian
Acknowledgments
This fact sheet was previously updated by Ben Leubsdorf, Research Librarian. Research Librarian.
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
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not 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
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
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26 Lisa Bramen, “Swilling the Planters With Bumbo: When Booze Bought Elections,” Smithsonian Magazine, October 20, 2010, at https://www.smithsonianmag.com/arts-culture/swilling-the-planters-with-bumbo-when-booze-bought-elections-102758236.
27 National Commission on Marihuana and Drug Abuse, Marihuana: A Signal of Misunderstanding: Appendix: The
Technical Papers of the First Report of the National Commission on Marihuana and Drug Abuse, 1972, p. 512.
28 Cassie Cope, “SC to Permit Sales of Liquor for First Time on Election Day,” The State, November 3, 2014, at https://www.thestate.com/news/local/article13908065.html.
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