What role did the each state have in the Times places and manner of holding elections?

October 17, 2020 Off By idswater

What role did the each state have in the Times places and manner of holding elections?

The Elections Clause gives the states and the federal government concurrent jurisdiction over congressional elections, granting states the power to set the “Times, Places, and Manner” of these elections, and delegating to Congress the authority to “alter” state regulations or “make” its own.

Who decides the times places and manner of elections for Congress?

The Constitution simply states that “The 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” (Article I, section 4).

How is the number of electors in each state determined?

Presidential elections take place quadrennially. The process is regulated by a combination of both federal and state laws. Each state is allocated a number of Electoral College electors equal to the number of its senators and representatives in the U.S. Congress.

How are the electors for president and vice president appointed?

They act by authority of the state that in turn receives its authority from the Federal Constitution. By the Constitution of the U.S., the electors for President and Vice President in each state are appointed by the state in such manner as its legislature may direct [xiii].

Which is the sole function of the electors?

The sole function of the presidential electors is to cast, certify, and transmit the vote of the state for President and Vice President of the nation. Control and regulation of state and municipal elections rest with the state. A state is free to conduct its elections and limit its electorate as it may deem wise.

What is the power of the States to elect federal representatives?

Thus, the power of the states for electing federal representatives encompasses nearly every procedural facet of a federal election. The Elections Clause grants to the states broad power to prescribe the procedural mechanisms for holding congressional elections [vi].

How are representatives chosen by the people of the several states?

I, § 2, that Representatives be chosen ‘by the People of the several States’ means that as nearly as is practicable one man’s vote in a congressional election is to be worth as much as another’s.”

Why was the House of Representatives directly elected?

However, by stipulating that those qualified to vote in elections for the largest chamber of a state’s legislature could vote in Congressional (House of Representatives) elections the Framers expressed a rather explicit intent that the House was to be directly elected.

How does Congress have the power to regulate?

By its terms, Art. I, § 4, cl. 1 empowers both Congress and state legislatures to regulate the “times, places and manner of holding elections for Senators and Representatives.” Not until 1842, when it passed a law requiring the election of Representatives by districts, 358 did Congress undertake to exercise this power.

What is the role of Congress in Article I, Section 4?

By its terms, Article I, Section 4, Clause 1, also contemplates the times, places, and manner of holding elections being prescribed in each State by the Legislature thereof, subject to alteration by Congress (except as to the place of choosing Senators).