Election Day

Election Day in the United States is the day set by law for the selection of public officials by popular ballot. Federal (or National) Elections always occur on the Tuesday following the first Monday of November of every even numbered year (the Tuesday between November 2 and November 8, inclusively).

In Federal Elections, all members of the House of Representatives are elected for two-year terms together with one-third of the Senate for six-year terms. In years with a Presidential Election (years that are evenly divisible by four), electors for President and Vice-president are also chosen according to the method determined by each state. Many state and local government offices are also elected on Election Day, but this varies according to state and local law.

Congress has mandated a uniform date for Presidential and Congressional elections, though early voting is nonetheless authorized in many states. In Oregon, where all elections are vote-by-mail, all ballots must be received by a set time on Election Day, as is common with absentee ballots in most states (except overseas military ballots which receive more time by Federal law). In the state of Washington, where most counties are vote-by-mail (and in the others most votes are cast by mail as permanent absentee ballots), ballots need only be postmarked by Election Day.

Election Day is a legal holiday in some states, including Delaware, Hawaii, Kentucky, Maryland, Montana, New Jersey, New York, Ohio, and West Virginia. Some other states have laws that allow workers to take time off from employment without reprisal, and often without loss in pay. Democratic Representative John Conyers of Michigan recently introduced a bill in the House of Representatives that would make Election Day a national holiday, Democracy Day.

History

By federal law since 1792, Congress permitted the states to conduct their presidential elections (or otherwise to choose their Electors) anytime in a 34 day period^[1] before the first Wednesday of December, which was the day set for the meeting of the Electors of the U.S. president and vice-president (the Electoral College), in their respective states.^[2] The problems borne of such an arrangement were obvious and were intensified by improved communications via train and telegraph: the states that voted later could swell, diminish, or be influenced by a candidate's victories in the states that voted earlier. In close elections, the states that voted last might well determine the outcome.^[3]

A uniform date for chosing presidential Electors was instituted by the U.S. Congress in 1845.^[4] Many theories have been advanced as to why the Congress settled on the first Tuesday after the first Monday in November.^[5] The actual reasons, as shown in records of Congressional debate on the bill in December 1844, were fairly prosaic. The bill initially set the national day for choosing presidential Electors on "the first Tuesday in November," in years divisible by four (1848, 1852, etc.). But it was pointed out that in some years the period between the first Tuesday in November and the first Wednesday in December (when the Electoral College met) would be more than 34 days, in violation of the existing Electoral College law. So, the bill was amended to move the national date for choosing presidential Electors forward to the first Tuesday after the first Monday in November, a date scheme already used in the state of New York.^[6]

As for the day of the week chosen, Sunday was ruled out because it was the Sabbath. An election on Monday might require travel on Sunday, and so was also ruled out. Tuesday had no problem.

One theory as to the choice of date is that November 5th is the day in 1605 on which terrorists tried to blow up the English Parliament in the Gunpowder Plot. The plot was stopped and therefore democracy survived. Chosing November for elections therefore celebrates the ending of a plot to kill democracy.

Logistics

There are tens of thousands of voting precincts in the United States, each of which must be supplied and staffed with election judges on Election Day, usually a workday in most of the country.

Objections

Many social activists oppose this date, believing that it decreases voter turnout, since it is part of the workweek. Many advocate making election day a federal holiday or allowing voters to cast their ballots over two or more days. The United Auto Workers union has negotiated making Election Day a holiday for its workers at the U.S. domestic auto manufacturers.

In response to this, many states have implemented early voting, which allows the voters to cast ballots, in many cases up to two weeks early. Also, all states have some kind of absentee ballot system. The state of Oregon, for example, performs all major elections through mail-in ballots that are sent to voters several weeks before Election Day. Some companies will let their employees come in late or leave early on Election Day to allow them an opportunity to get to their precinct and vote.

Federal elections

Elective offices of the U.S. government are filled by Election Day balloting, for terms starting in January of the following year, specifically:

• in every even-numbered year,
  • for all seats in the United States House of Representatives;
  • for approximately 1/3 of United States Senate seats;
• additionally, in years evenly divisible by four,
  • for the President and Vice-President.

State elections

Elective offices of most U.S. states are also filled on Election Day, but different states choose different patterns; every odd numbered year, for at least some offices, is a popular choice. Most states now hold elections for governors in those even-numbered years when there is not a presidential election, in part to stimulate a higher voter turnout for "off-year" Congressional elections.

Local elections

Elective offices of municipalities, counties (in most states), and other local entities (such as school boards and other special-purpose districts) have their elections subject to rules of their state, and in some states, they vary according to choices of the jurisdiction in question. For instance, in Connecticut, all towns, cities, and boroughs hold elections in every odd-numbered year, but as of 2004, 16 have them on the first Monday in May, while the other 153 are on Election Day. In Massachusetts, the 50 cities are required to hold their elections on Election Day, but the 301 towns may choose any date, and most have traditionally held their elections in early spring, after the last snowfall.

References

See also

• Democracy Day
• Election
• U.S. presidential election
• U.S. state holiday
• Holidays of the United States
• U.S. General Election, 2005
• U.S. General Election, 2006
• Midterm elections
• Off-year elections
• Inauguration Day
• Primary Election

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