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.
Mar. 3, 1875, ch. 130, § 618 Stat. 400June 5, 1934, ch. 390, § 248 Stat. 879(R.S. § 25; , ; , .)
Editorial Notes
Codification
act Feb. 2, 1872, ch. 11, § 317 Stat. 28R.S. § 25 derived from , .
The second sentence of this section, which was based on section 6 of the act 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.
Amendments
1934—Act , substituted “3d day of January” for “fourth day of March”.
Constitutional Provisions
The 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.