1787 was a busy year in United States history – delegates gathered to create a new constitution for the fledgling nation, the Senate enacted the Northwest Ordinance, which established governing rules for the Northwest Territory (and limited the spread of slavery), the first of the Federalist Papers were published, and – finally – Delaware became the first state in the U.S. when it ratified the Constitution on December 7, with Pennsylvania and New Jersey hot on its heels. All of which is to say, the Founding Fathers can be forgiven for being too “pooped” to determine when federal elections would be held.
Decades of electoral chaos ensued, until 1845 when Congress had had enough. Monday was initially suggested, but that would have involved travel on Sunday – and since the primary method of travel during that time was horse-drawn buggies, that was a significant amount of time on a traditional day of rest. So, Tuesday it was.
And, more than a century and a half later, Tuesday it remains.
Since (most) Americans are no longer beholden to buggies to get to the polls, in recent years there has been a push to change Election Day to a weekend, or to make the day a federal holiday. Neither is a particularly easy task, nor would they guarantee increased voter turn out, but it’s something to watch for.
To celebrate Election Day 2018 we’ve gathered some of the most recent posts from our network about voting and the election, perfect to peruse on your way to the polls, or while wearing your “I voted” sticker.
- Jon Hyman, at the Ohio Employer Law Blog, wrote up some things for employers to keep in mind during Election Day.
- Matthew Landis, of Russell Kraft & Gruber, LLP, also weighed in on the legal obligations of employers on Election Day.
- Resident communications expert, David Oxenford of Broadcast Law Blog, discussed the recent demands to pull attack ads leading up to the election, and what radio and television stations should do.
- Angelica Cesario, of Lawline, answered the three most frequently asked questions about Election Day.
- Sarah Rathke, of Squire Patton Boggs, put together an overview of the 2018 US Midterm Elections, including updated polling, party funding comparisons, and a discussion of “toss up” races.
- Self-proclaimed “Rules Whiz” Sarah E. Merkle, of Bradley Arant Boult Cummings LLP, dove into the world of ballot counting, and how a ballot vote is determined to be legal
- Lastly, Shelina Kurwa, Seth Fiur, and Jason Madden, of Proskauer Rose LLP, wrote about Proskauer’s work with the Lawyer’s Committee for Civil Rights Under Law, and organization responsible for “the largest non-partisan voter protection endeavor in the country.”