Cite as: 609 U. S. ____ (2026)
3
Opinion of the Court
intervened again, mandating that the election of Representatives also take place on a single day—the same Tuesday
specified in the Presidential election-day statute. Act of
Feb. 2, 1872, ch. 11, §3, 17 Stat. 28. After the ratification
of the Seventeenth Amendment, Congress required Senators to be elected on the same day as Representatives. Act
of June 4, 1914, ch. 103, §1, 38 Stat. 384. Today, each of the
three election-day statutes sets the day for the “election” on
a Tuesday in November.
B
In our Nation’s early years, voters had to cast their ballots in person in the district where they lived. See, e.g.,
J. Benton, Voting in the Field: A Forgotten Chapter of the
Civil War 4–5 (1915) (Benton). Elections were “lively public
events,” marked not only by “ ‘continuous electioneering
and political arguments’ ” but also by “ ‘picnics, drinking,
and boisterous celebration.’ ” T. El-Haj, Changing the People: Legal Regulation and American Democracy, 86 N. Y. U.
L. Rev. 1, 14 (2011) (quoting Silbey 143). Public assembly
was not just a matter of merriment—it also helped ensure
that only those qualified to vote did so. See, e.g., E. Evans,
A History of the Australian Ballot System in the United
States 48 (1917). Ballots were cast “in the company of
neighbors and under the watchful eyes of community leaders.” D. Collins, Absentee Soldier Voting in Civil War Law
and Politics 1–13 (2014) (Ph.D. Dissertation, Wayne State
University) (Collins). For instance, under the Pennsylvania
constitution, a voter had to vote in “an appropriate election
district, in order that his neighbours might be at hand to
establish his right to vote if it were challenged, or to challenge if it were doubtful.” Chase v. Miller, 41 Pa. 403, 419
(1862).
Things started to change during the Civil War, when
some States allowed soldiers to vote from afar by absentee
ballot. See Benton 4–14. Access to absentee voting