Murphy J. Foster, JR., Governor of Louisiana, et al. v. G. Scott Love, Paul S. Bergeron, Kathleen B. Balhoff, and Bennie Baker-bourgeois (522 U.S. 67)
U.S. Supreme Court · decided December 2, 1997 · Supreme Court Database (Spaeth)
- Citation
- 522 U.S. 67 · 118 S. Ct. 464
- Decided
- December 2, 1997
- Term
- October Term 1997
- Vote
- 9–0
- Majority author
- Justice Souter
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- State/territorial law held unconstitutional
Opinion excerpt
Justice Souter delivered the opinion of the Court Under 2 U. S. C. §§ 1 and 7, the Tuesday after the first Monday in November in an even-numbered year “is established” as the date for federal congressional elections. Louisiana’s “open primary” statute provides an opportunity to fill the offices of United States Senator and Representative during the previous month, without any action to be taken on federal election day. The issue before us is whether such an ostensible election runs afoul of the federal statute. We hold that it does. I The Elections Clause of the Constitution, Art. I, § 4, cl. 1, provides that “[t]he 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.” The Clause is a default provision; it invests the States with responsibility for the mechanics of congressional elections, see Storer v. Brown, 415 U. S. 724, 730 (1974), but only so far as Congress declines to pre-empt state legislative choices, see Roudebush v. Hartke, 405 U. S. 15, 24 (1972) (“Unless Congress acts, Art. I, § 4, empowers the States to regulate”). Thus it is well settled that the Elections Clause grants Congress “the power to override state regulations” by establishing uniform rules for federal elections, binding on the States. U.S.…
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