Cite as: 609 U. S. ____ (2026)
7
Opinion of the Court
a person to fill an office”); Webster’s New International Dictionary 706 (1914) (“[a]ct of choosing by vote a person to fill
an office”); Webster’s Third New International Dictionary
731 (2002) (“the act or process of choosing a person for office”).
We have likewise defined “election” as the expression of
the electorate’s choice. “From time immemorial,” we have
observed, “an election to public office has been in point of
substance no more and no less than the expression by qualified electors of their choice of candidates.” United States v.
Classic, 313 U. S. 299, 318 (1941); see Republican National
Committee v. Democratic National Committee, 589 U. S.
423, 424 (2020) (per curiam) (explaining that a “fundamenta[l]” aspect of an election is ballot “cast[ing],” as distinguished from ballot “recei[pt]”). And when we interpreted the election-day statutes for the first (and until now,
the only) time, we again emphasized the voters’ choice. In
Foster, we explained that “[w]hen the federal statutes speak
of ‘the election’ of a Senator or Representative, they plainly
refer to the combined actions of voters and officials meant
to make a final selection of an officeholder.” 522 U. S., at 71
(citing Webster 1869, p. 433 (defining “election” as “[t]he act
of choosing a person to fill an office”); emphasis added).
The electorate’s choice is made when voting is complete,
not when ballots are received. The most recent amendment
to the Presidential election-day statute bears this out. In
2022, Congress inserted the phrase “election day” into that
statute and marked that day as a specific Tuesday. 3
U. S. C. §21(1). It then created an exception: When States
“modif[y] the period of voting” in response to certain force
majeure events, the term “election day” shall “include the
modified period of voting.” Ibid. (emphasis added). That
Congress defined “election day” with reference to “voting”
indicates that “voting” is the act governed by the statute.
A related statute, UOCAVA, reinforces the point.
100 Stat. 924. It is the “most rudimentary rule” of statutory