Federal Law They Cited

There were numerous references at Friday’s Supreme Court hearing to “3 U.S.C., 5” or “3 U.S.C.” or simply “Section 5.” The lawyers and justices were referring to Title 3 of the U.S. Code, Section 5, which states that any election dispute must be resolved in accordance with laws enacted prior to election day. The law:

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TITLE 3 THE PRESIDENT

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CHAPTER 1--PRESIDENTIAL ELECTIONS AND VACANCIES

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Section 5. Determination of controversy as to appointment of electors

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If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.