US Code

Public Law 119-73 (01/23/2026)

3 U.S.C. § 1

Time of appointing electors

The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.

Pub. L. 117–328, div. P, title I, § 102(a)136 Stat. 5233(Added , , .)

Editorial Notes

Prior Provisions

act June 25, 1948, ch. 64462 Stat. 672Pub. L. 117–328, div. P, title I, § 102(a)136 Stat. 5233A prior section 1, , , related to time of appointing electors, prior to repeal by , , .

Statutory Notes and Related Subsidiaries

Short Title of 2022 Amendment

Pub. L. 117–328, div. P, § 1136 Stat. 5233

section 22 of this titlesection 102 of this title“This division [enacting this section and , amending sections 6, 7, 9 to 13, 15 to 18, and 21 of this title, repealing this section and sections 2 and 14 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under ] may be cited as the ‘Electoral Count Reform and Presidential Transition Improvement Act of 2022’.”
, , , provided that:

Pub. L. 117–328, div. P, title I, § 101136 Stat. 5233

section 22 of this title“This title [enacting this section and , amending sections 6, 7, 9 to 13, 15 to 18, and 21 of this title, and repealing this section and sections 2 and 14 of this title] may be cited as the ‘Electoral Count Reform Act of 2022’.”
, , , provided that:

Pub. L. 117–328, div. P, title II, § 201136 Stat. 5241

section 102 of this title“This title [amending provisions set out as a note under ] may be cited as the ‘Presidential Transition Improvement Act’.”
, , , provided that:

Short Title of 2020 Amendment

Pub. L. 116–121, § 1134 Stat. 138

section 102 of this title“This Act [amending provisions set out as a note under ] may be cited as the ‘Presidential Transition Enhancement Act of 2019’.”
, , , provided that:

Short Title of 2010 Amendment

Pub. L. 111–283, § 1124 Stat. 3045

section 102 of this titlesection 102 of this titlesection 1101 of Title 5section 435b of Title 50“This Act [enacting provisions set out as a note under and amending provisions set out as notes under , , Government Organization and Employees, and , War and National Defense] may be cited as the ‘Pre-Election Presidential Transition Act of 2010’.”
, , , provided that:

Short Title of 1996 Amendment

Pub. L. 104–331, § 1(a)110 Stat. 4053

section 1219 of Title 2section 401 of this titlesection 1219 of Title 2section 1296 of Title 28“This Act [enacting sections 401, 402, 411 to 417, 421, 425, 431, 435, 451 to 456, and 471 of this title and sections 1296, 1413, and 3901 to 3908 of Title 28, Judiciary and Judicial Procedure, amending sections 1346 and 2402 of Title 28, repealing , The Congress, and enacting provisions set out as notes under , , and ] may be cited as the ‘Presidential and Executive Office Accountability Act’.”
, , , provided that:

Short Title of 1988 Amendment

Pub. L. 100–398, § 1102 Stat. 985

section 102 of this title“This Act [amending sections 3345, 3348, and 5723 of Title 5, Government Organization and Employees, and enacting and amending provisions set out as notes under ] may be cited as the ‘Presidential Transitions Effectiveness Act’.”
, , , provided that:

Constitutional Provisions

Time of choosing electors, see Const. Art. 2, § 1, cl. 3.