6
WATSON v. REPUBLICAN NATIONAL COMMITTEE
Opinion of the Court
used in all three federal statutes—has always been the electorate’s choice of candidate. And a related federal statute,
the Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA), confirms that while federal law dictates when
ballots must be cast, state law dictates when they must be
received.
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 be chosen.” §1.
By setting the day for the “election,” these statutes set
the day when the electorate must make its choice. It is a
“fundamental canon of statutory construction that words
generally should be interpreted as taking their ordinary
meaning at the time Congress enacted the statute.” New
Prime Inc. v. Oliveira, 586 U. S. 105, 113 (2019) (internal
quotation marks and ellipses omitted). The election-day
statutes were enacted and amended across almost two centuries. At all relevant times, the word “election” was understood to mean “[t]he act of choosing a person to fill an
office.” N. Webster, An American Dictionary of the English
Language 433 (C. Goodrich & N. Porter eds. 1869) (Webster
1869); see, e.g., N. Webster, An American Dictionary of the
English Language 288 (rev. ed. 1844) (“[t]he act of choosing