68
Opinion of the Court
act in law or in fact to take place on the date chosen by Congress, clearly violates § 7. Louisiana's claim that its system concerns only the manner, not the time, of an election is at odds with the State's statute, which addresses timing quite as obviously as § 7 does. A federal election takes place in Louisiana before federal election day whenever a candidate gets a majority in the open primary. Pp. 72-73.
(c) This Court's judgment is buttressed by the fact that Louisiana's open primary has tended to foster both evils identified by Congress as reasons for passing the federal statute: the distortion of the voting process when the results of an early federal election in one State can influence later voting in other States, and the burden on citizens forced to turn out on two different election days to make final selections of federal officers in Presidential election years. Pp. 73-74.
90 F. 3d 1026, affirmed.
Souter, J., delivered the opinion for a unanimous Court with respect to Parts I, II, and IV, and the opinion of the Court with respect to Part III, in which Rehnquist, C. J., and Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined.
Richard P. Ieyoub, Attorney General of Louisiana, argued the cause for petitioners. With him on the briefs were Roy A. Mongrue, Jr., and Angie Rogers Laplace, Assistant Attorneys General.
M. Miller Baker argued the cause for respondents. With him on the brief were John W. Perry, Jr., Daniel J. Balhoff, Thomas E. Balhoff, Judith R. Atkinson, and Brian M. Tauscher.
Justice Souter delivered the opinion of the Court.* Under 2 U. S. C. §§ 1 and 7, the Tuesday after the first Monday in November in an even-numbered year "is established" as the date for federal congressional elections. Louisiana's "open primary" statute provides an opportunity to fill the offices of United States Senator and Representative during the previous month, without any action to be taken on
*Justice Scalia, Justice Kennedy, and Justice Thomas join all but Part III of this opinion.
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