Fact Check: The U.S. Constitution gives state legislatures power to set election times.

Fact Check: The U.S. Constitution Gives State Legislatures Power to Set Election Times

What We Know

The claim that "The U.S. Constitution gives state legislatures power to set election times" is grounded in Article I, Section 4, Clause 1 of the U.S. Constitution, commonly referred to as the Elections Clause. This clause explicitly states that "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof" (source-1). However, it also allows Congress to alter these regulations at any time, except for the places of choosing Senators.

The Supreme Court has interpreted this clause to grant states broad authority over the administration of elections. For instance, in Smiley v. Holm (1932), the Court affirmed that states could establish comprehensive regulations regarding the conduct of elections, including the timing, procedures, and safeguards necessary to ensure fair elections (source-3). This interpretation has been reinforced in subsequent cases, confirming that states have the power to regulate various aspects of elections, including the establishment of election times (source-4).

Analysis

The evidence supporting the claim is robust, as it is directly derived from the Constitution itself and reinforced by judicial interpretation. The Elections Clause clearly delineates the authority of state legislatures to set election times, which has been upheld by the Supreme Court in various rulings. The Court has consistently recognized the states' rights to regulate the "Times, Places, and Manner" of elections, as long as they do not conflict with federal laws (source-2).

However, it is important to note that while states have this power, it is not absolute. Congress retains the authority to override state regulations, which introduces a layer of complexity to the claim. This means that while state legislatures can set election times, their authority is subject to federal oversight and potential alteration (source-1).

The sources used in this analysis are credible and authoritative, including legal interpretations from the U.S. Constitution Annotated and Supreme Court case law. The Library of Congress and Cornell Law School provide reliable legal resources that are widely accepted in academic and legal circles.

Conclusion

The claim that "The U.S. Constitution gives state legislatures power to set election times" is True. The Constitution explicitly grants this power to state legislatures under the Elections Clause, and this interpretation has been upheld by the Supreme Court. While Congress can alter state regulations, the foundational authority lies with the states to determine the timing of elections.

Sources

1. States and Elections Clause | Library of Congress
2. Article I Section 4 | Constitution Annotated | Library of Congress
3. States and the Elections Clause | U.S. Constitution Annotated
4. States and Elections Clause | U.S. Constitution Annotated
5. Constitution of the United States
6. The Seventeenth Amendment to the Constitution