Foster v. Love

In Foster v. Love, the U.S. Supreme Court invalidate a Louisiana election system that filled federal offices prior to Election Day, in a unanimous decision written by Justice David Souter:

“

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 federal election day. The issue before us is whether such an ostensible election runs afoul of the federal statute. We hold that it does.

”

Foster v. Love, 522 U.S. 67, 68-69 (1997).

As of July 5, 2025, this decision has been cited 61 times by federal court decisions, and 20 times by state court decisions.