Legal Definitions - elections

In the context of law, elections are the formal processes through which citizens choose their representatives and make decisions on public issues by casting votes. They are a fundamental mechanism of democratic governance, ensuring that leaders are accountable to the people and that power is regularly renewed or transferred.

Elections generally fall into two main categories:

• General Elections: These are regularly scheduled elections that occur at fixed intervals as mandated by law. They typically involve voting for multiple offices, from local positions to federal ones, and are a routine part of the democratic calendar.

• Special Elections: These are unscheduled elections held outside of the regular cycle to address specific, non-routine situations. Common reasons for special elections include filling a sudden vacancy in an elected office or allowing voters to decide on a particular ballot measure or referendum.

The structure and administration of elections in the United States are primarily managed by individual states, following their own laws while adhering to the framework established by the U.S. Constitution and federal statutes. This includes determining voter qualifications, registration processes, and polling procedures.

For Presidential elections, the process involves the Electoral College. Citizens vote for a slate of electors pledged to a particular presidential candidate, rather than directly for the candidate themselves. The number of electors each state receives is based on its population (determined by the decennial census), reflecting its total number of U.S. Representatives plus two (for its U.S. Senators). In most states, a "winner-take-all" system awards all of a state's electoral votes to the candidate who wins the popular vote in that state. These electors then formally cast their votes to elect the President and Vice President.

For Congressional elections, citizens directly elect their U.S. Representatives and, since the 17th Amendment, their U.S. Senators. States have considerable discretion in how they conduct these elections.

Over time, various amendments to the U.S. Constitution and federal laws have expanded voting rights and reformed election processes. These include ensuring the right to vote regardless of race (15th Amendment) or sex (19th Amendment), lowering the voting age to 18 (26th Amendment), and regulating campaign finance to ensure fairness and transparency.

Examples of Elections:

• Imagine a state holds its gubernatorial election every four years on the first Tuesday after the first Monday in November. During this election, voters also choose state legislators, judges, and other statewide officials. This is an example of a general election because it occurs at a regularly scheduled, legally mandated interval, allowing citizens to routinely select their representatives for multiple offices.

• Consider a situation where a U.S. Senator from a particular state suddenly resigns due to health reasons, with two years remaining in their term. To fill this vacant seat, the state would typically hold a special election. This election is "special" because it is not part of the regular election cycle but is called specifically to address the unexpected vacancy, ensuring continuous representation for the state in the Senate.

• A city council proposes a bond measure to fund the construction of a new public library. Instead of waiting for the next general election, which might be over a year away, the council decides to put the measure before the voters in a standalone vote. This would be a special election focused solely on approving or rejecting the library bond, demonstrating how these elections can be used for specific ballot initiatives outside of routine electoral contests.