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2026-07-06 09:52:37 -04:00

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LegalText 2 U.S.C. § 7 Time of election us united_states_code code_section 2 THE CONGRESS 1 ELECTION OF SENATORS AND REPRESENTATIVES 7 2 U.S.C. § 7 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip /us/usc/t2/s7 data/legal/raw/us/code/title-02/usc02.xml cc33e4739a3842b59a3c8bf782225fb08d484dee7b7c94a2de1d01e50f860ae1 ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e 5823a88433b20272c17c61135a35808fb782c7bf706b90b20476168988e2c138 2026-07-04 official
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2 U.S.C. § 7 - Time of election

Text

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.

(R.S. § 25; Mar. 3, 1875, ch. 130, § 6, 18 Stat. 400; June 5, 1934, ch. 390, § 2, 48 Stat. 879.)

Notes

Editorial Notes

Codification R.S. § 25 derived from act Feb. 2, 1872, ch. 11, § 3, 17 Stat. 28. The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this section inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted.

Amendments1934—Act June 5, 1934, substituted “3d day of January” for “fourth day of March”.

Constitutional ProvisionsThe first section of Amendment XX to the Constitution provides: “The terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.” Time for election of Representatives, see Const. Art. I, § 4, cl. 1.