Foster v. Love, 522 U.S. 67 (1997). · Go Syfert
Foster v. Love, 522 U.S. 67 (1997). Cases Citing This Book View Copy Cite
“when 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 (subject only to the possibility of a later run-off...)”
633 citation events (581 in the last 25 years) across 36 distinct courts.
Strongest positive: MAZO v. WAY (njd, 2021-07-30)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) MAZO v. WAY
D.N.J. · 2021 · quote attribution · 1 verbatim quote · confidence high
invests the states with responsibility for the mechanics of . . . elections.
examined Cited as authority (verbatim quote) Gutierrez v. Ada
SCOTUS · 2000 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
when 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 (subject only to the possibility of a later run-off...)
examined Cited as authority (quoted) IN THE MATTER OF THE PETITIONS OF HIRSH SINGH FOR RECOUNT AND RECHECK (L- 1757-20, MORRIS COUNTY AND STATEWIDE) (2×) also: Cited as authority (rule)
N.J. Super. Ct. App. Div. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
congressional authority extends not only to general elections, but also to any 'primary election which involves a necessary step in the choice of candidates for election as representatives in congress.
examined Cited as authority (rule) Watson v. Republican National Committee (4×) also: Cited "see"
SCOTUS · 2026 · confidence medium
But Foster is not about ballot receipt and nowhere mentions it; Foster decides only that an election “may not be consummated prior to federal election day,” id., at 72, n. 4 (emphasis added), and specifically refuses to “isolat[e] precisely what acts a State must cause to be done” on election day, id., 4 WATSON v. REPUBLICAN NATIONAL COMMITTEE Syllabus at 72.
discussed Cited as authority (rule) United States v. Jocelyn Benson
6th Cir. · 2026 · confidence medium
The Framers thus reserved for “Congress the power to override state regulations by establishing uniform rules for federal elections, binding on the States.” Foster v. Love, 522 U.S. 67, 69 (1997) (citation modified).
examined Cited as authority (rule) Scott v. McDougle (4×)
Va. · 2026 · confidence medium
When the law speaks of an “election,” it “plainly refer[s] to the combined actions of voters and officials meant to make a final selection of an officeholder.” Foster v. Love, 522 U.S. 67, 71 (1997) (relying on the definition of election from Noah Webster’s American Dictionary of the English Language); see also Millsaps v. Thompson, 259 F.3d 535, 547 (6th Cir. 2001); Keisling, 259 F.3d at 1175 ; Voting Integrity Project, Inc. v. Bomer, 199 F.3d 773, 775-76 (5th Cir. 2000).
discussed Cited as authority (rule) Jon F. Hyers et al. v. Jeffrey M. Landry et al.
E.D. La. · 2026 · confidence medium
“In practice, the Clause functions as ‘a default provision; it invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to pre-empt state legislative choices.’” Arizona v. Inter Tribal Council of Arizona, Inc., 570 U.S. 1, 9 (2013) (quoting Foster v. Love, 522 U.S. 67, 69 (1997)).
cited Cited as authority (rule) League of United Latin American Citizens v. Executive Office of the President
D.D.C. · 2026 · confidence medium
However, this grant of authority to the States is only “a default provision.” Foster v. Love, 522 U.S. 67, 69 (1997).
cited Cited as authority (rule) League of United Latin American Citizens v. Executive Office of the President
D.D.C. · 2025 · confidence medium
But this grant of authority to the States is only “a default provision.” Foster v. Love, 522 U.S. 67, 69 (1997).
cited Cited as authority (rule) League of United Latin American Citizens v. Executive Office of the President
D.D.C. · 2025 · confidence medium
But this grant of authority to the States is only “a default provision.” Foster v. Love, 522 U.S. 67, 69 (1997).
discussed Cited as authority (rule) Public Interest Legal Foundation, Inc. v. Simon
D. Minnesota · 2025 · confidence medium
I, § 4, cl. 1 (authorizing federal regulation of elections “for Senators and Representatives”); Inter Tribal, 570 U.S. at 7–9 (discussing the Elections Clause as the constitutional provision relevant to the NVRA); Foster v. Love, 522 U.S. 67, 69 (1997) (same).
discussed Cited as authority (rule) Promise Arizona v. Petersen (2×) also: Cited "see"
9th Cir. · 2025 · confidence medium
As background, the “default” rule is that States hold “responsibility for the mechanics of congressional elections.” Foster v. Love, 522 U.S. 67, 69 (1997).
discussed Cited as authority (rule) Siddhanth Sharma v. Alan Hirsch
4th Cir. · 2024 · confidence medium
“The [Elections] Clause is a default provision; it invests the States with responsibility for the mechanics of congressional elections” insofar as “Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997); see also Arizona v. Inter Tribal Council of Ariz., Inc., 570 U.S. 1, 8-9 (2013).
discussed Cited as authority (rule) Siddhanth Sharma v. Alan Hirsch
4th Cir. · 2024 · confidence medium
“The [Elections] Clause is a default provision; it invests the States with responsibility for the mechanics of congressional elections” insofar as “Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997); see also Arizona v. Inter Tribal Council of Ariz., Inc., 570 U.S. 1, 8-9 (2013).
discussed Cited as authority (rule) Republican Natl Cmte v. Wetzel
5th Cir. · 2024 · confidence medium
Act of Feb. 2, 1872, ch. 11, § 3, 17 Stat. 28 (to be codified at 2 U.S.C. § 7 ).1 The upshot: These statutes “mandate[] holding all elections for Con- gress and the Presidency on a single day throughout the Union.” Foster v. Love, 522 U.S. 67, 70 (1997).
discussed Cited as authority (rule) Michael Bost v. Illinois State Board of Elections
7th Cir. · 2024 · confidence medium
This clause is a “default provision,” meaning it “invests the States with the responsibility for the mechanics of con- gressional elections, but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997).
discussed Cited as authority (rule) Michael Bost v. Illinois State Board of Elections
7th Cir. · 2024 · confidence medium
This clause is a “default provision,” meaning it “invests the States with the responsibility for the mechanics of con- gressional elections, but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997).
discussed Cited as authority (rule) Michael Bost v. Illinois State Board of Elections
7th Cir. · 2024 · confidence medium
This clause is a “default provision,” meaning it “invests the States with the responsibility for the mechanics of con- gressional elections, but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997).
discussed Cited as authority (rule) Michael Bost v. Illinois State Board of Elections
7th Cir. · 2024 · confidence medium
This clause is a “default provision,” meaning it “invests the States with the responsibility for the mechanics of con- gressional elections, but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997).
discussed Cited as authority (rule) Republican National Committee v. Wetzel (2×)
S.D. Miss. · 2024 · confidence medium
The Clause “invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to pre-empt state legislative choices.” Id. at 9 (quoting Foster v. Love, 522 U.S. 67, 69 (1997)).
discussed Cited as authority (rule) Mennella v. Albence
Del. Super. Ct. · 2024 · confidence medium
If a candidate for a given office receives a majority at the open primary, the candidate ‘is elected’ and no further act is done on federal election day to fill that office.”49 Writing for the Court, Justice Souter found that Louisiana’s Open Primary ran afoul of federal election statutes.50 In interpreting the relevant federal election statutes to reach this conclusion Justice Souter wrote, “When the federal statutes speak of “the election” of a Senator or Representative, they plainly refer to the 46 522 U.S. 67, 71 (1997). 47 Foster, 522 U.S. 67, 67. 48 Id. 49 Id. 50 Id. at 69.…
discussed Cited as authority (rule) State of New York v. Donald J. Trump (2×)
D.D.C. · 2022 · confidence medium
“In practice, the Clause functions as ‘a default provision; it invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to pre-empt state legislative choices.’” Arizona v. Inter Tribal Council of Ariz., Inc., 570 U.S. 1, 9 (2013) (quoting Foster v. Love, 522 U.S. 67, 69 (1997)); see also Cook v. Gralike, 531 U.S. 510, 523 (2001) (“[T]he Elections Clause grants to the States ‘broad power’ to prescribe the procedural mechanisms for holding congressional elections.”(quoting Tashjian v. Republican Party of Conn., 479 …
discussed Cited as authority (rule) Overby v. Simon (2×)
D. Minnesota · 2021 · confidence medium
For example, regulations pertaining to federal elections that are “made by Congress are paramount to those made by the State legislature; and if they conflict therewith, the latter, so far as the conflict extends, ceases to be operative.” Foster v. Love, 522 U.S. 67, 69 (1997) (internal quotation marks omitted).
discussed Cited as authority (rule) Illinois Conservative Union v. State of Illinois
N.D. Ill. · 2021 · confidence medium
Plaintiffs also rely on the fact that Congress enacted the NVRA pursuant to the Elections Clause, which gives Congress “‘the power to override state regulations’ by establishing uniform rules for federal elections, binding on the States.” Foster v. Love, 522 U.S. 67, 69 (1997) (quoting U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 , 832–33 (1995)); see S. Rep. 103-6 at 4 (“Congress has the power to regulate Federal elections, including the establishment of national voter registration procedures for Presidential and congressional elections.
discussed Cited as authority (rule) King v. Whitmer
E.D. Mich. · 2020 · confidence medium
See also Bognet v. Sec’y Commonwealth of Pa., No. 20-3214, 2020 WL 6686120 , at *7 (3d Cir. Nov. 13, 2020) (applying same test for standing under both Elections Clause and Electors Clause); Wood, 2020 WL 6817513 , at *1 (same); Foster, 522 U.S. at 69 (characterizing Electors Clause as Elections Clauses’ “counterpart for the Executive Branch”); U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 804-05 (1995) (noting that state’s “duty” under Elections Clause “parallels the duty” described by Electors Clause).
cited Cited as authority (rule) Wood v. Raffensperger
N.D. Ga. · 2020 · confidence medium
Foster v. Love, 522 U.S. 67, 69 (1997).
discussed Cited as authority (rule) Angela Craig v. Steve Simon (2×) also: Cited "see"
8th Cir. · 2020 · confidence medium
States have responsibility “for the mechanics of congressional elections, but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997) (internal citation omitted).
discussed Cited as authority (rule) Jim Bognet v. Secretary Commonwealth of PA (2×) also: Cited "see, e.g."
3rd Cir. · 2020 · confidence medium
This provision is known as the “Elections Clause.” The Elections Clause effectively gives state governments the “default” authority to regulate the mechanics of federal elections, Foster v. Love, 522 U.S. 67, 69 (1997), with Congress retaining “exclusive control” to “make or alter” any state’s regulations, Colegrove v. Green, 328 U.S. 549, 554 (1946).
discussed Cited as authority (rule) Angela Craig v. Steve Simon (2×) also: Cited "see"
8th Cir. · 2020 · confidence medium
States have responsibility “for the mechanics of congressional elections, but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997) (internal citation omitted).
discussed Cited as authority (rule) DONALD J. TRUMP FOR PRESIDENT, INC. v. MURPHY
D.N.J. · 2020 · confidence medium
Canvassing before Election Day creates a risk that New Jersey’s election results will be disclosed to other states and potentially influence the outcome of other states’ elections, according to Plaintiffs. (/d.) Plaintiffs maintain that this provision contravenes the federal Election Day Statutes, which Plaintiffs argue were passed to prevent this result. (/d. (citing Foster v. Love, 522 U.S. 67, 73 (1997).) Finally, Plaintiffs challenge the A4475 provision that requires “every in-person voter to cast a provisional ballot.” (Pls.’ Opp’n Br, 19 (citing N.J.
discussed Cited as authority (rule) Craig v. Simon
D. Minnesota · 2020 · confidence medium
For example, regulations pertaining to federal elections that are “made by Congress are paramount to those made by the State legislature; and if they conflict therewith, the latter, so far as the conflict extends, ceases to be operative.” Foster v. Love, 522 U.S. 67, 69 (1997) (internal quotation marks omitted).
examined Cited as authority (rule) DONALD J. TRUMP FOR PRESIDENT, INC. v. MURPHY (4×) also: Cited "see, e.g."
D.N.J. · 2020 · confidence medium
(Pls.’ Reply Br. 5-6 (citing Foster v. Love, 522 U.S. 67, 70 (1997); Voting Integrity Project, Inc. v. Keisling, 259 F.3d 1169, 1174 (9th Cir. 2001); Millsaps v. Thompson, 259 F.3d 535, 536 (6th Cir. 2001); Voting Integrity Project, Inc, v. Bomer, 199 F.3d 773, 774 (Sth Cir. 2000)).) Plaintiffs argue that A4475 “substantially increases the risk of early vote counts becoming public,” citing “New Jersey’s unfortunate history of election fraud—including fraud committed by election insiders just this year—which likewise carry criminal penalties.” (/d. at 7.) Plaintiffs also argue t…
discussed Cited as authority (rule) Fish v. Schwab
10th Cir. · 2020 · confidence medium
In other words, “[t]he Clause is a default provision; it invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997) (citation omitted); accord Fish I, 840 F.3d at 725S26.
cited Cited as authority (rule) The Public Interest Legal Foundation v. Boockvar
M.D. Penn. · 2019 · confidence medium
Foster v. Love, 522 U.S. 67, 69 (1997); Holk v. Snapple Beverage Corp., 575 F.3d 329, 339 (3d Cir. 2009).
discussed Cited as authority (rule) True the Vote v. Hosemann
S.D. Miss. · 2014 · confidence medium
Congress has the power under the Elections Clause to enact laws that “preempt state election laws concerning federal elections.” Voting for Am., 732 F.3d at 399 (citing Foster v. Love, 522 U.S. 67, 69, 118 S.Ct. 464 , 139 L.Ed.2d 369 (1997)).
examined Cited as authority (rule) Arizona v. Inter Tribal Council of Ariz., Inc. (5×) also: Cited "see, e.g."
SCOTUS · 2013 · confidence medium
Opinion of the Court bility for the mechanics of congressional elections, but only so far as Congress declines to pre-empt state legislative choices.” Foster v. Love, 522 U. S. 67, 69 (1997) (citation omitted).
examined Cited as authority (rule) Voting for America, Inc. v. Hope Andrade (19×) also: Cited "see"
5th Cir. · 2012 · confidence medium
See Ex Parte Siebold, 100 U.S. 371, 384 (1879) (when Congress’ power under the Elections Clause is “exercised, the action of Congress, so far as it extends and conflicts with the regulations of the State, necessarily supersedes them”); Foster, 522 U.S. at 69 (stating that the Elections Clause “invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to preempt state legislative choices”) (internal citation omitted).
examined Cited as authority (rule) Jesus Gonzalez v. State of Arizona (31×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2012 · confidence medium
Id. at 72, 74 .
examined Cited as authority (rule) Committee to Recall Menendez v. Wells (4×)
N.J. · 2010 · confidence medium
Foster v. Love, 522 U.S. 67, 69 , 118 S.Ct. 464, 466 , 139 L.Ed. 2d 369, 373 (1997) (citation omitted).
examined Cited as authority (rule) Maria Gonzalez v. State of Arizona (32×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2010 · confidence medium
In a nutshell, the Elections Clause gives state governments initial responsibility to regulate the mechanics of national elections, “but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997).
examined Cited as authority (rule) Wyeth v. Levine (5×) also: Cited "see"
SCOTUS · 2009 · confidence medium
Cf. AT&T, 524 U. S., at 221-226 (finding preemption where federal law forbade common carriers from extending communications privileges requested by state-law claims); Foster, 522 U. S., at 68-69 (finding pre-emption where the federal statute required congressional elections on a particular date different from that provided by state statute).
discussed Cited as authority (rule) Lamone v. Capozzi
Md. · 2006 · confidence medium
This is so, they submit, because an “election” is not singularly the “casting of a ballot,” as the Circuit Court held, but, rather, it is, as articulated by Foster v. Love, 522 U.S. 67, 71 , 118 S.Ct. 464, 467 , 139 L.Ed.2d 369, 374 (1997), “the combined actions of *77 voters and officials meant to make a final selection of an office holder.” In Foster , Louisiana voters brought an action against state officials, alleging that the state’s “open primary” system was in conflict with 2 U.S.C. §§ 1 27 and 7. 28 522 U.S. at 68-69 , 118 S.Ct. at 466 , 139 L.Ed.2d at 373 .
examined Cited as authority (rule) Martha L. Millsaps Frank J. Conti Rachel D. Conti v. Brook Thompson, in His Official Capacity as Tennessee Coordinator of Elections Riley C. Darnell, in His Official Capacity as Secretary of State of Tennessee (3×) also: Cited "see, e.g."
6th Cir. · 2001 · confidence medium
In short, the Elections Clause of the Constitution "is a default provision; it invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to preempt state legislative choices." Foster v. Love, 522 U.S. 67, 69 (1997) (citations omitted). 21 By creating a congressional check on the power of the States to regulate federal elections, the Framers sought to curb the potential for abuses by the States and to give the nascent national government the power to preserve itself.
examined Cited as authority (rule) Millsaps v. Thompson (3×) also: Cited "see, e.g."
6th Cir. · 2001 · confidence medium
Id at 72, 118 S.Ct, 464 (“[0]ur decision does not turn on any nicety in isolating precisely what acts a State must cause to be done on federal election day (and not before it) in order to satisfy the statute.”).
examined Cited as authority (rule) Voting Integrity Project, Inc. Fred Decker Alberta Bryant Diana Evans Charles Sauvie v. Phil Keisling, Secretary of State Opinion of Oregon (7×) also: Cited "see"
9th Cir. · 2001 · confidence medium
Id. at 71 , 118 S.Ct. 464 . 59 .Id. at 72, 118 S.Ct. 464 . 60 .
discussed Cited as authority (rule) Voting Integrity Project, Inc. v. Bomer
5th Cir. · 2000 · confidence medium
The Court held that Louisiana’s open primary system conflicted with federal election statutes because the “final selection” of candidates could be (and often was) 3 “concluded as a matter of law before the federal election day, with no act in law or in fact to take place on the date chosen by Congress.... ” Id. at 72 , 118 S.Ct. at 467 (emphasis added).
discussed Cited "see" Fish v. Kobach (2×)
10th Cir. · 2016 · signal: see · confidence high
Foster, 522 U.S. at 74 , 118 S.Ct. 464 ; see id. at 72-73 , 118 S.Ct. 464 .
examined Cited "see" MJS and Associates, L.L.C., a Texas Limited Liability Corporation v. Judy Master, RN and Matthew Master (3×)
Tex. App. · 2015 · signal: see · confidence high
See Foster v. Love, 522 U.S. 67, 71 , 118 S.Ct. 464 , 139 L.Ed.2d 369 (1997) (finding that conflict pre-emption question “turn[ed] entirely on the meaning of the state and federal statutes” at issue before the Court); see also New York v. FERC, supra, at 19, 122 S.Ct. 1012 .
examined Cited "see" Kobach v. United States Election Assistance Commission (3×)
D. Kan. · 2014 · signal: see · confidence high
See Rapanos, 547 U.S. at 738 , 126 S.Ct. 2208 . . 42 U.S.C. § 1973gg-7(a)(2). . 42 U.S.C. § 1973gg — 7(a)(1). . 11 C.F.R. § 9428.3 (b) (emphasis added). . 42 U.S.C. § 1973gg-7(b). . 677 F.3d 383, 393-94 (9th Cir.2012). . 100 U.S. 371 , 25 L.Ed. 717 (1879). . 522 U.S. 67 , 118 S.Ct. 464 , 139 L.Ed.2d 369 (1997). .
examined Cited "see" Voting for America, Inc. v. John Steen (5×)
5th Cir. · 2013 · signal: see · confidence high
See Foster v. Love, 522 U.S. 67, 69 , 118 S.Ct. 464, 466 , 139 L.Ed.2d 369 (1997).
Retrieving the full opinion text from the archive…
FOSTER, GOVERNOR OF LOUISIANA, Et Al.
v.
LOVE Et Al.
96-670.
Supreme Court of the United States.
Dec 2, 1997.
522 U.S. 67
Richard P. Ieyoub, Attorney General of Louisiana, argued the cause for petitioners. With him on the briefs were Roy A. Mongrue, Jr., and Angie Rogers Laplace, Assistant Attorneys General., M. Miller Baker argued the cause him on the brief were John W. Perry, Jr., Daniel J. Balhoff, Thomas E. Balhoff, Judith R. Atkinson, and Brian M. Tauscher.
Souter, Rehnquist, Stevens, O'Connor, Ginsburg, Breyer.
Cited by 84 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: New Jersey Superior Court App … (1)
Justice Souter

delivered the opinion of the Court *

Under 2 U. S. C. §§ 1 and 7, the Tuesday after the first Monday in November in an even-numbered year “is established” as the date for federal congressional elections. Louisiana’s “open primary” statute provides an opportunity to fill the offices of United States Senator and Representative during the previous month, without any action to be taken on[*69] federal election day. The issue before us is whether such an ostensible election runs afoul of the federal statute. We hold that it does.

I

The Elections Clause of the Constitution, Art. I, § 4, cl. 1, provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.” The Clause is a default provision; it invests the States with responsibility for the mechanics of congressional elections, see Storer v. Brown, 415 U. S. 724, 730 (1974), but only so far as Congress declines to pre-empt state legislative choices, see Roudebush v. Hartke, 405 U. S. 15, 24 (1972) (“Unless Congress acts, Art. I, § 4, empowers the States to regulate”). Thus it is well settled that the Elections Clause grants Congress “the power to override state regulations” by establishing uniform rules for federal elections, binding on the States. U.S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 832-833 (1995). “[T]he regulations made by Congress are paramount to those made by the State legislature; and if they conflict therewith, the latter, so far as the conflict extends, ceases to be operative.” Ex parte Siebold, 100 U. S. 371, 384 (1880).

One congressional rule adopted under the Elections Clause (and its counterpart for the Executive Branch, Art. II, § 1, cl. 3) sets the date of the biennial election for federal offices. See 2 U. S. C. §§ 1, 7; 3 U. S. C. § 1. Title 2 U. S. C. §7 was originally enacted in 1872, and now provides that “[t]he Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.” This provision, along with 2 U. S. C. § 1 (setting the same[*70] rule for electing Senators under the Seventeenth Amendment) and 3 U. S. C. § 1 (doing the same for selecting Presidential electors), mandates holding all elections for Congress and the Presidency on a single day throughout the Union.

In 1975, Louisiana adopted a new statutory scheme for electing United States Senators and Representatives. In October of a federal election year, the State holds what is popularly known as an “open primary” for congressional offices, La. Rev. Stat. Ann. § 18:402(B)(1) (West Supp. 1997), in which all candidates, regardless of party, appear on the same ballot, and all voters, with like disregard of party, are entitled to vote, § 18:401(B) (West 1979). If no candidate for a given office receives a majority, the State holds a run-off (dubbed a “general election”) between the top two vote-getters the following month on federal election day. § 18:481 (West 1979). But if one such candidate does get a majority in October, that candidate “is elected,” §18:511(A) (West Supp. 1997), and no further act is done on federal election day to fill the office in question. Since this system went into effect in 1978, over 80% of the contested congressional elections in Louisiana have ended as a matter of law with the open primary. [1]

Respondents are Louisiana voters who sued petitioners, the State’s Governor and secretary of state, challenging the open primary as a violation of federal law. The District Court granted summary judgment to petitioners, finding no conflict between the state and federal statutes, whereas a divided panel of the Fifth Circuit reversed, concluding that Louisiana’s system squarely “conflicts with the federal statutes that establish a uniform federal election day.” 90 F. 3d 1026, 1031 (1996). We granted certiorari, 520 U. S. 1114 (1997), and now affirm.

[*71] II

The Fifth Circuit’s conception of the issue here as a narrow-one turning entirely on the meaning of the state and federal statutes is exactly right. For all of petitioners’ invocations of state sovereignty, there is no colorable argument that § 7 goes beyond the ample limits of the Elections Clause’s grant of authority to Congress. [2] When 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 (subject only to the possibility of a later run-off, see 2 U. S. C. § 8). [3] See N. Webster, An American Dictionary of the English Language 433 (C. Goodrich & N. Porter eds. 1869) (defining “election” as “[t]he act of choosing a person to fill an office”). By establishing a particular day as “the day” on which these actions must take place, the statutes simply regulate the time of the[*72] election, a matter on which the Constitution explicitly gives Congress the final say.

• While true that there is room what may constitute the final act of selection within the meaning of the law, our decision does not turn on any nicety in isolating precisely what acts a State must cause to be done on federal election day (and not before it) in order to satisfy the statute. Without paring the term “election” in § 7 down to the definitional bone, it is enough to resolve this case to say that a contested selection of candidates for a congressional office that is concluded as a matter of law before the federal election day, with no act in law or in fact to take place on the date chosen by Congress, clearly violates §7. [4]

Petitioners try to save the Louisiana system by arguing that, because Louisiana law provides for a “general election” on federal election day in those unusual instances when one is needed, the open primary system concerns only the “manner” of electing federal officials, not the “time” at which the elections will take place. Petitioners say that “[although Congress is authorized by the Constitution to alter or change the time, place and manner the States have chosen to conduct federal eleetions[,] in enacting 2 U. S. C. §§ 1 and 7, Congress sought only to alter the time in which elections were conducted, not their manner. Conversely,' the open elections system [changed only the manner by which Louisiana chooses its federal officers; it] did not change the timing of the general election for Congress.” Brief for Petitioners 21.

Even if the distinction mattered here, the State’s attempt to draw this time-manner line is merely wordplay, and wordplay just as much at odds with the Louisiana statute as that law is at odds with § 7. The State’s provision for an October election addresses timing quite as obviously as §7 does.[*73] State law straightforwardly provides that “[a] candidate who receives a majority of the votes cast for an office in a primary election is elected.” La. Rev. Stat. Ann. § 18:511(A) (West Supp. 1997). Because the candidate said to be “elected” has been selected by the voters from among all eligible office-seekers, there is no reason to suspect that the Louisiana Legislature intended some eccentric meaning for the phrase “is elected.” After a declaration that a candidate received a majority in the open primary, state law requires no farther act by anyone to seal the election; the election has already occurred. Thus, contrary to petitioners’ imaginative characterization of the state statute, the open primary does purport to affect the timing of federal elections: a federal election takes place'prior to federal election day whenever a candidate gets a majority in the open primary. As the attorney general of Louisiana conceded at oral argument, “Louisiana’s system certainly allows for the election of a candidate in October, as opposed to actually electing on Federal Election Day.” Tr. of Oral Arg. 6.

Ill

While the conclusion that Louisiana’s open primary system conflicts with 2 U. S. C. § 7 does not depend on discerning the intent behind the federal statute, our judgment is buttressed by an appreciation of Congress’s object “to remedy more than one evil arising from the election of members of Congress occurring at different times in the different States.” Ex parte Yarbrough, 110 U. S. 651, 661 (1884). As the sponsor of the original bill put it, Congress was concerned both with the distortion of the voting process threatened when the results of an early federal election in one State can influence later voting in other States, and with the burden on citizens foreed to turn out on two different election days to make final selections of federal officers in Presidential election years:

[*74] “Unless we do fix some time at which, as a rule, Representatives shall be elected, it will be in the power of each State to fix upon a different day, and we may have a canvass going on all over the Union at different times. It gives some States undue advantage_I can remember, in 1840, when the news from Pennsylvania and other States that held their elections prior to the presidential election settled the presidential election as effectually as it was afterward done- I agree ... that Indiana, Ohio, and Pennsylvania, by voting in October, have an influence. But what I contend is that that is an undue advantage, that it is a wrong, and that it is a wrong also to the people of those States, that once in four years they shall be put to the trouble of having a double election.” Cong. Globe, 42d Cong., 2d Sess., 141 (1871) (remarks of Rep. Butler).

See also Busbee v. Smith, 549 F. Supp. 494, 524 (DC 1982) (recounting the purposes of § 7), aff’d, 459 U. S. 1166 (1983). The Louisiana open primary has tended to foster both evils, having had the effect of conclusively electing more than 80% of the State’s Senators and Representatives before the election day elsewhere, and, in Presidential election years, having forced voters to turn out for two potentially conclusive federal elections.

IV

When Louisiana’s statute is applied to select from among congressional candidates in October, it conflicts with federal law and to that extent is void. The judgment below is affirmed.

It is so ordered.

*

Justice Scalia, Justice Kennedy, and Justice Thomas join all but Part III of this opinion.

1

A run-off election has been held on federal election day in only 9 of the 57 contested elections for United States Representative and in only 1 of the 6 contested elections for United States Senator. See 90 F. 3d 1026, 1030 (CA5 1996).

2

The Clause gives Congress “comprehensive” authority to regulate the details of elections, including the power to impose “the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved.” Smiley v. Holm, 285 U. S. 355, 366 (1932). Congressional authority extends not only to general elections, but also to any “primary election which involves a necessary step in the choice of candidates for election as representatives in Congress.” United States v. Classic, 313 U. S. 299, 320 (1941).

3

Title 2 U. S. C. § 8, which was enacted along with §7, provides that a State may hold a congressional election on a day other than the uniform federal election day when such an election is necessitated “by a failure to elect at the time prescribed by law.” The only explanation of this provision offered in the legislative history is Senator Allen G. Thurman’s statement that “there can be no failure to elect except in those States in which a majority of all the votes is necessary to elect a member.” Cong. Globe, 42d Cong., 2d Sess., 677 (1872). In those States, if no candidate receives a majority vote on federal election day, there has been a failure to elect and a subsequent run-off election is required. See Public Citizen, Inc. v. Miller, 813 F. Supp. 821 (ND Ga.), aff’d, 992 F. 2d 1548 (CA11 1993) (upholding under § 8 a run-off election that was held after.federal election day, because in the initial election on federal election day no candidate received the majority vote that was as required by Georgia law).

4

This ease thus does not present the question whether a State must always employ the conventional mechanics of an election. We hold today only that if an election does take place, it may not be consummated prior to federal election day.