November 1, 2022politicalElection LawFederal PreemptionConstitutional InterpretationLegal TheoryLitigation Strategy
Federal Election Day Statute (2 U.S.C. § 7) Becomes Central to Election Law Debate
Election law scholars and conservative legal groups begin citing the 1872 federal Election Day statute (2 U.S.C. § 7) as grounds for challenging state mail voting accommodations. The statute specifies that federal elections occur on "the Tuesday next after the first Monday in the month of November." Conservative legal organizations argue the statute creates a uniform national standard that preempts state grace periods for mail ballots arriving after Election Day. This legal theory becomes the foundation for the RNC's litigation strategy.