Monday, November 3, 2008

election day

Election Day in the United States is the day set by law for the selection of public officials by popular ballot. For federal offices, it occurs on the first Tuesday following the first Monday of November (so the earliest possible date is November 2 and the latest November 8). Presidential elections are held every four years. Elections to the House of Representatives and the Senate are held every two years. Many state and local government offices are also elected on Election Day as a matter of convenience and cost saving. However, a handful of states hold elections for state offices during odd numbered, off years; this varies according to state and local laws.

In Federal elections, all members of the House of Representatives are elected for two-year terms together with one-third of the Senate for six-year terms. In years with a presidential election, electors for President and Vice-president are also chosen according to the method determined by each state.

Congress has mandated a uniform date for Presidential (3 U.S.C. § 1) and Congressional (2 U.S.C. § 1 and 2 U.S.C. § 7) elections, though early voting is nonetheless authorized in many states. In Oregon, where all elections are vote-by-mail, all ballots must be received by a set time on Election Day, as is common with absentee ballots in most states (except overseas military ballots which receive more time by Federal law). In the state of Washington, where most counties are vote-by-mail (and in the others most votes are cast by mail as permanent absentee ballots), ballots need only be postmarked by Election Day.

Election Day is a legal holiday in some states, including Delaware, Hawaii, Kentucky, Montana, New Jersey, New York, Ohio, and West Virginia. Some other states have laws that allow workers to take time off from employment without reprisal, and often without loss in pay. California law simply states employees must be allowed to vote, but since voting can be done before or after working hours no time off or pay is offered by many employers. Democratic Representative John Conyers of Michigan recently introduced a bill in the House of Representatives that would make Election Day a national holiday called Democracy Day.

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