Originally Posted by
dougrz
One thing specifically, if the court wants to be truly textual, is a single day election day.
The Constitution says:
"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."
Seems impossible to justify 30 days of voting, and each state having different early voting periods, when Congress has set the first Tues in Nov after the first Mon as election day. The clause was meant to apply to the legislatures picking the electors, hence the Dec 14 date. But since a vote of the people picks the electors under state laws, this clause has to apply to the entire voting period, it seems to me.