The United States Constitution provides, in part, “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, except as to the Places of choosing Senators.”
u.S. Const. art. I, § 4, cl. 1. In 1872, Congress drafted
Title 2 U.S.C. § 7, which provides, “The 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.” Plaintiffs refer to this designation by Congress as the “Federal Election Day”. As such, Plaintiffs argue that, by allowing early voting up to seventeen days in advance of Federal Election Day rather than limiting the voting to the day prescribed by statute, the Texas statutes impermissibly conflict with federal law.