Title 3, The PresidentRelease 119-102

§21 Definitions

Title 3 › CHAPTER 1 — PRESIDENTIAL ELECTIONS AND VACANCIES › § 21

Last updated Aug 21, 2026|Official source

Summary

Defines three key words used in this chapter. "Election day" means the Tuesday after the first Monday in November every four years following each election of a President and Vice President in each State. If a State that chooses electors by popular vote changes its voting period because of extraordinary, catastrophic force majeure events under State laws it passed before that day, then "election day" also includes that changed voting period. "State" includes the District of Columbia. "Executive" means the State Governor (or the Mayor for the District of Columbia), unless the State's laws or constitution in effect on election day require a different State executive to do the chapter's duties.

Full Legal Text

Title 3, §21

The President, Source: USLM XML via OLRC

As used in this chapter the term—
(1)“election day” means the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President held in each State, except, in the case of a State that appoints electors by popular vote, if the State modifies the period of voting, as necessitated by force majeure events that are extraordinary and catastrophic, as provided under laws of the State enacted prior to such day, “election day” shall include the modified period of voting.
(2)“State” includes the District of Columbia.
(3)“executive” means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when the laws or constitution of a State in effect as of election day expressly require a different State executive to perform the duties identified under this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Pub. L. 117–328, § 102(b), added par. (1) and redesignated former subsecs. (a) and (b) as pars. (2) and (3), respectively. Par. (3). Pub. L. 117–328, § 104(b), added par. (3) and struck out former par. (3), as redesignated from subsec. (b), which read as follows: “ ‘executives of each State’ includes the Board of Commissioners of the District of Columbia.”

Executive Documents

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198.

Reference

Citations & Metadata

Citation

3 U.S.C. § 21

Title 3, The President

Last Updated

Aug 21, 2026

Release point: 119-102