Supreme Court of the United States
Foster v. Love
December 2, 1997522 U.S. 67
Summary
The Court affirmed the Fifth Circuit, holding that Louisiana’s open-primary system conflicts with federal election-day statutes insofar as it conclusively elects congressional candidates in October without any further electoral act on the federally prescribed November election day. Congress has authority under the Elections Clause to prescribe the time of congressional elections, and Louisiana cannot avoid that requirement by describing its October election as a regulation of electoral manner. Justice Souter wrote the opinion; Justices Scalia, Kennedy, and Thomas joined all but Part III, which discussed legislative purpose. No separate opinions were included.
Holding
- Whether Louisiana may conclusively elect congressional candidates before federal election day through its open-primary system.. Louisiana’s statute conflicts with federal law and is void to the extent it conclusively selects congressional candidates in October without any further electoral act on federal election day.
- Whether Congress may impose the federal election-day requirement notwithstanding Louisiana’s asserted authority over electoral manner.. Congress’s Elections Clause authority permits it to establish a binding uniform date for congressional elections, and Louisiana’s October selection of officeholders regulates timing rather than merely electoral manner.
Docket 96-670
Cited authorities
- 2 U.S.C. §§ 1
- 2 U.S.C. §§ 1
- 2 U.S.C. § 7
- 3 U.S.C. § 1
- 2 U.S.C. §7
- 2 U.S.C. § 1
- 3 U.S.C. § 1
- 2 U.S.C. § 8
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