When is election day 2026: federal law sets Election Day as the “Tuesday next after the first Monday in November,” which makes Election Day Tuesday, Nov. 3, 2026.
The statutory rule appears in 2 U.S.C. §7, which states that “The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election” of Representatives, aligning House contests with that Tuesday in November.
The Library of Congress’s Congressional Research Service updated its FAQ on Oct. 26, 2026, noting that the federal statute means Election Day always falls between Nov. 2 and Nov. 8 and that the upcoming federal election is scheduled for Nov. 3, 2026.
National outlets and state election offices use the same date: Reuters’s midterms primer and multiple state election pages confirm that the 2026 general election is set for Nov. 3, 2026, and that early voting has been underway in many jurisdictions ahead of that date.
How the date is determined and why it matters
The date rule dates to 19th-century statutes and was codified for House elections in 2 U.S.C. §7; the Legal Information Institute reproduces the text saying the Tuesday after the first Monday is “established as the day for the election.”
The Congressional Research Service explains the timing choice: late autumn avoided harvest season, Tuesday avoided the Sunday Sabbath and the “first Monday” formulation prevents Election Day from falling on Nov. 1, which merchants used for monthly bookkeeping.
What voters should know for Nov. 3
Although federal law fixes the date, states run and set specifics for polling hours, early voting and absentee deadlines; CRS notes the federal government does not schedule nonfederal offices, and many jurisdictions hold state and local contests the same day.
Voters looking for local early-voting hours and locations can consult state and county election pages or resources like the site’s early-voting guide for Nov. 3, 2026; after polls close many outlets explain where to check results and how they are reported.
Sources
- Legal Information Institute — text of 2 U.S.C. §7 establishing the Tuesday after the first Monday in November as Election Day.
- United States Code (uscode.house.gov) — official codification showing the same statutory language for time of election.
- Congressional Research Service — updated Oct. 26, 2026 FAQ explaining that Election Day falls between Nov. 2 and Nov. 8 and that Nov. 3, 2026 is the scheduled federal election date.
- Reuters — reporting that early voting is underway and that the 2026 midterm elections are set for Nov. 3, 2026.
