3 U.S.C. § 21

Definitions

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As used in this chapter the term—(1) “election day” means 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, except, in the case of a State that appoints electors by popular vote, if the State modifies the period of voting, as necessitated by force majeure events that are extraordinary and catastrophic, as provided under laws of the State enacted prior to such day, “election day” shall include the modified period of voting.(2) “State” includes the District of Columbia.(3) “executive” means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when the laws or constitution of a State in effect as of election day expressly require a different State executive to perform the duties identified under this chapter.(Added Pub. L. 87–389, § 2(a), Oct. 4, 1961, 75 Stat. 820; amended Pub. L. 117–328, div. P, title I, §§ 102(b), 104(b), Dec. 29, 2022, 136 Stat. 5233, 5235.)Editorial NotesAmendments

2022—Pub. L. 117–328, § 102(b), added par. (1) and redesignated former subsecs. (a) and (b) as pars. (2) and (3), respectively.

Par. (3). Pub. L. 117–328, § 104(b), added par. (3) and struck out former par. (3), as redesignated from subsec. (b), which read as follows: “ ‘executives of each State’ includes the Board of Commissioners of the District of Columbia.”

Executive DocumentsTransfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2017–2026 · leading case: W. Expl., LLC v. U.S. Dep't of the Interior, 250 F. Supp. 3d 718 (D. Nev. 2017).

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W. Expl., LLC v. U.S. Dep't of the Interior, 250 F. Supp. 3d 718 (D. Nev. 2017). “, the General Mining Law, 3 U.S.C. §§ 21 et seq., and the Due Process Clause of the Fifth Amendment.”

Repub. Natl Cmte v. Wetzel, 120 F.4th 200 (5th Cir. 2024). “” Where Congress wants to make exceptions to the federal Election Day statutes, it has done so. All of this further proves Congress did not abro- gate the uniform Election Day in other, non-excepted circumstances.”

Watson v. Repub. Nat'l Comm. (2026). · cites it 3× “” 3 U. S. C. §21 (1) (emphasis added). That Congress defined “election day” with reference to “voting” indicates that “voting” is the act governed by the statute.”

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