Georgia Commons

Constitution of the United States

Article I. Legislative Powers · Article I. Legislative Powers

Art. I, Sec. 4. Elections and the Assembly of Congress

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Current through: the volume states no acts currency; this is its 2025 edition.

  1. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

  2. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Editor's notes

The date on which Congress shall assemble each year has been modified by U.S. Const., amend. 20, sec. II.

Cross references

Manner of holding elections, Ga. Const. 1983, Art. II and T. 21, Ch. 2, Art. 7, 8, 8A, 9, 10. Times of elections, §§ 21-2-150, 21-2-541. Places of elections, §§ 21-2-265, 21-2-266, 21-2-269, 21-2-270.

Law reviews

For comment on South v. Peters, 339 U.S. 276, 70 S. Ct. 641, 94 L. Ed. 834 (1950) denying federal jurisdiction in case involving apportionment, see 2 Mercer L. Rev. 275 (1950). For article, “Speech and Campaign Reform: Congress, The Courts and Community,” see 14 Ga. L. Rev. 195 (1980). For comment, “Between Judgment and Law: Full Faith and Credit, Public Policy, and State Records,” see 62 Emory L.J. 639 (2013). For article, “Constitutional Text, Founding-Era History, and the Indepen-dent-State-Legislature Theory,” see 57 Ga. L. Rev. 539 (2023).

Other notes

laws.
Nothing in the language of U.S. Const., art. I, sec. IV gives support to a construction that would immunize state congressional apportionment laws which debase citizen’s right to vote from power of courts to protect constitutional rights of individuals from legislative destruction. Wesberry v. Sanders, 376 U.S. 1, 84 S. Ct. 526, 11 L. Ed. 2d 481, 1964 U.S. LEXIS 1773 (1964). Regulation of mixed state-federal
election.
The United States Constitution’s necessary and proper clause, U.S. Const., art. I, sec. VIII, cl. 18, along with U.S. Const., art. I, sec. IV, empowers Congress to regulate mixed federal-state elections, even if the federal candidate is unopposed. United States v. McCranie, 169 F.3d 723, 1999 U.S. App. LEXIS 4103 (11th Cir. 1999).
Am. Jur. 2d.
16A Am. Jur. 2d, Constitutional Law, § 219. 25 Am. Jur. 2d, Elections, §§ 3, 5, 10. 26 Am. Jur. 2d, Elections, §§ 228, 269.
C.J.S.
29 C.J.S., Elections, §§ 11 et seq., 61, 319, 587. 91 C.J.S., United States, §§ 16, 19, 20.
ALR.
Application of equal protection principle recognized in Bush v. Gore, 531 U.S. 98, 121 S. Ct. 525, 148 L. Ed. 2d 388 (2000), to elections cases, 104 A.L.R.6th 547.

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Current through: the volume states no acts currency; this is its 2025 edition.

Text read from 1us-const-(v1)-2025-pdf.pdf, Volume V1, 2025 edition, pages 43 to 44; merge action: bound only; file SHA-256 3ba17b39ff61.

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