Virginia Democrats' Legal Argument Accidentally Makes Case for Single Election Day
Source: Elle Purnell. "VA Dems Say Elections Must Be One Day. SCOTUS Should Agree." May 14, 2026. thefederalist.com
The Gist
A Virginia Democrat accidentally argued that elections should happen on one day only, not spread over months with early voting. The author thinks the Supreme Court should take this argument seriously and rule that federal law requires all voting to happen on a single Election Day.
Conclusion
The Supreme Court should interpret federal law as mandating a single Election Day, effectively ending months-long early voting periods
Premises
- Virginia Attorney General Jay Jones argues that federal law 'expressly fixes a single day for the election' of Representatives and that Virginia's general election takes place in 'November,' not over a three-month period
- Federal statute 2 U.S.C. § 7 requires congressional elections to occur on 'The Tuesday next after the 1st Monday in November'
- Supreme Court justices have expressed concern that current practices have transformed 'Election Day' into 'election month or election months'
- Historical practice shows elections originally meant 'showing up in person and casting your vote and being qualified as the voter on that same day'
- Multi-day elections create dangers by keeping 'the electorate fluid and exposed' to new information that can't influence already-cast votes
- Virginia's own experience demonstrates this problem when damaging information about Jones emerged after many voters had already cast ballots
Assumptions
- The plain text meaning of 'Election Day' should be interpreted literally as a single day
- Historical constitutional intent should guide current interpretation of election laws
- Simultaneous voting by all citizens is preferable to extended voting periods
- Early voting creates unfair advantages and democratic deficits