---
title: U.S. Const. Art. I, Sec. 4. Elections and the Assembly of Congress
collection: code
id: us-const:art-i-sec-4
cite_as: U.S. Const. Art. I, Sec. 4
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---

# U.S. Const. Art. I, Sec. 4. Elections and the Assembly of Congress

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

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.

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.

## 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.

## Editor's Notes

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

## 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).

## 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.