Foster v. Love
Headline: Louisiana’s open primary is struck down for conflicting with federal election law, preventing candidates from being conclusively elected in October and requiring final congressional elections on the uniform federal election day.
Holding: The Court held that Louisiana’s open primary conflicts with federal law because it allows congressional offices to be conclusively filled before the uniform federal election day, and that part of the state statute is void.
- Prevents Louisiana from declaring congressional winners in October before federal election day.
- Requires final congressional selections to occur on the single federal election day.
- Voids state law provisions that elect members prior to the uniform federal election day.
Summary
Background
Louisiana voters sued the State’s Governor and secretary of state challenging Louisiana’s open primary for Congress. Under that state law, all candidates run in an October primary; if one wins a majority that candidate "is elected" and no further action is taken on the federal election day. If no one wins a majority, a run-off is held on the federal election day. Since 1978, the open primary has ended over 80% of the State’s contested congressional races before the federal date.
Reasoning
The Court examined whether federal statutes that set a single, nationwide election day for Representatives and Senators (2 U.S.C. §§ 1 and 7) allow a State to conclude a contested congressional election before that day. The Court said those statutes fix the day on which the combined acts that make a final selection must occur. When a State’s law conclusively fills a seat before that federal day, with no further act to be done on the chosen date, the state law conflicts with §7 and is void to that extent. The opinion also cited Congress’s purpose in fixing one day to avoid early results influencing other States and to prevent two separate federal election days.
Real world impact
As a result, Louisiana may not lawfully declare winners of congressional offices in October when that declaration makes the October vote the final selection. The State’s October conclusions are invalid to the extent they replace the single federal election day, affecting candidates, election officials, and voters in Louisiana. The ruling enforces the uniform federal election day for congressional offices.
Dissents or concurrances
Three Justices (Scalia, Kennedy, and Thomas) joined the opinion except for Part III, indicating partial disagreement with that section but full agreement with the judgment invalidating the October elections.
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