The Imperative of a Fixed Election Day

I have been involved in the election integrity battle for over 20 years as a researcher, as a national speaker, as the producer of a documentary, and even as a victim in court, I have firsthand experience against Harry Reid unlike my opponent who served as an apprentice of Harry Reid and the Reid Machine. This interest leads to hours of reading, especially the latest developments in elections.

In the United States, the concept of a fixed Election Day is not merely a matter of tradition—it's established in constitutional law. The significance of maintaining Election Day has profound implications for the integrity and participation in the democratic process.  Recent developments, particularly in states like Delaware and Mississippi, underscore the critical importance of a consistent Election Day. In the United States and in Nevada, Election Day is deeply embedded in history.  It happens on the first Tuesday after the first Monday in November.

The Foundation of Election Day in Constitutional Law

Historically, Election Day has been enshrined in U.S. law since 1845. Congress passed legislation establishing the first Tuesday after the first Monday in November as the official day. This decision was not arbitrary, nor is it a recommendation—it's a legal imperative grounded in 2 U.S. Code § 7. The Nevada Constitution Article 15 section 5 states "Time of General Election: The general election shall be held on the Tuesday next after the first Monday of November." 

The establishment of a uniform Election Day creates a level playing field across the states, discouraging confusion among voters regarding when elections will take place. Congress set Election Day on the first Tuesday after the first Monday in November. People could go to church on Sunday, travel to vote on Monday, and then vote on Tuesday. This plan helped more people participate in elections. 

Recent Developments: Upholding the Constitution

The recent ruling by Delaware’s Superior Court that elections must happen on a specific day. It exemplifies the legal and constitutional conflicts arising about voting methods, particularly early voting and permanent absentee ballots - mail-in ballots sent to every voter and not by voter request - that allow for voting on several days not just Election Day. In February 2024, the court struck down statutes allowing for early voting and permanent absentee voting in Delaware, reaffirming that the state constitution dictates a specific day for general elections. Judge Mark Conner's determination emphasized the clear conflict between these statutes and the Constitution, reiterating that the latter must prevail in the event of any inconsistencies.

The case revealed a critical concern about integrity in the electoral system over increased inaccuracies within voter registration lists—after COVID-19 these numbers skyrocketed. If these lists are not accurate, they could threaten the security of our elections. For example, some people are still on these lists even though they have moved to a different address or are deceased. The judge’s decision to stick to a fixed day for voting was necessitated by a reevaluation of expanded voting measures that may undermine the sanctity of an election.

Furthermore, significant pushback followed the ruling, framing it as a regression of voting rights and hindering reforms aimed at modernizing voting practices. However, the focus is on adhering to a constitutionally mandated Election Day that ensures legality, equality, and the effective functioning of democracy in Delaware and beyond.

The Mississippi Case: Upholding Federal Standards

Significantly, the Fifth Circuit Court of Appeals in October of 2024, ruled against a Mississippi law that allowed ballots to be received and counted after Election Day. Nevada has a similar law. Nevada requires mailed ballots to be received within four days of the election. This ruling firmly established that federal law designates a singular day for elections and that deviations from this schedule are unconstitutional. The court's opinion highlighted the paradox between ballots counted that arrived after Election Day while disregarding the established legal definitive cutoff. The court confirmed that the law did not follow federal law, which clearly states that Election Day is a fixed day. If ballots could be counted later, there would be confusion about when the election really ended.

The court elaborated on the foundational principle that an election is determined when all ballots are accounted for on a specific date. To illustrate the absurdity of extending ballot receipt beyond Election Day, the judges argued that treating ballots as “cast” before they are received undermines the integrity of the electoral process. Through this ruling, the Fifth Circuit reinforced the long-standing precedent of a fixed Election Day, thereby protecting the constitutional framework that governs our elections.

The judges pointed out that counting votes is not just about the ballots; it’s also about knowing when the election is finished. The ruling emphasized the importance of defining when ballots are "cast" and highlighted the historical precedent of having a designated Election Day that remains binding across states. "But it should be equally obvious that a ballot is ‘cast’ when the State takes custody of it," the opinion reads. Allowing ballots to be accepted and counted before or after the designated voting day could alter election outcomes and create confusion. Governor Lombardo described the delayed counting of Nevada's 2024 ballots as a "national embarrassment." The Nevada Secretary of State admitted to "snafus". By upholding the idea of a single Election Day, the court helped to keep our voting process organized and trustworthy.

The Imperative for Adhering to Fixed Election Day

These recent court cases remind us how important it is to have a fixed Election Day. While many people want to make it easier for everyone to vote—through early voting or mail-in ballots—we must remember that the law sets this special day. Keeping a specific day for voting ensures fairness and helps everyone know when they can cast their votes. Maintaining a fixed Election Day helps protect our democracy while allowing people to exercise their right to vote.

Changes to the federally mandated Election Day are a slippery slope where elections become disorganized or, worse, vulnerable to fraud. It's imperative to remember that a consistent Election Day is foundational to the health of American democracy. It promotes engagement in the electoral process while safeguarding the principles upon which this country was built.

Conclusion: A Call for Unity and Constitutionality

As the nation prepares for upcoming elections, the dialogue surrounding Election Day should transcend partisan divides, focusing instead on its constitutional underpinnings. The rulings in Delaware and Mississippi demonstrate how crucial it is to follow our laws and publicly trusted processes. Having one specific day for voting is not just a tradition; it is a commitment to making sure everyone has an equal chance to participate in choosing our leaders.

It is essential for us all to support laws that keep our elections fair, secure, and constitutionally sound.  By respecting the fixed Election Day agreed upon in our laws, we can ensure that our elections are trustworthy and that everyone has a voice in our democracy.  We can safeguard the integrity of our democratic processes and, ultimately, our republic. Let’s work together to honor this important day and make sure every American’s vote counts!

It’s official: I launched my campaign for Secretary of State in my home state of Nevada in December. America is on the verge of the greatest comeback our country has ever seen. I am running to be a key partner in implementing Voter I.D. and securing the integrity of our elections with President Trump and Governor Lombardo at the state level to Make America Great Again.

If that is all you need to know, then please become a Founding Donor to my campaign.

 Founding Donors are Americans who want to see the victories of 2024 continue long into the future, and are willing to contribute before March 31. Our campaign needs to make a strong showing, and you as a Founding Donor can make that happen.

As you know, the Secretary of State is the chief election officer and needs to be someone we trust with our right to vote in each state. I humbly ask you to become a Founding Donor to my campaign for the Secretary of State in Nevada using this secure link.

Whether it’s $20.26, or $200, or $2026 – whatever you can afford will go a long way to fueling our campaign to victory. It all adds up when everyone pitches in, and we use those funds wisely.

Thanks for everything you’ve done to help elect President Trump. Please consider joining my campaign today so we can win Nevada and continue to save America.

Together, we are making history!

God bless you and God bless America,

Sharron Angle

VoteSharronAngle.com

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