In the United States, Election Day for general elections of public officials - notably the President, Vice President, and members of Congress - was set into law by an act of the 28th Congress in 1845 as "the Tuesday next after the first Monday in the month of November."

Election Day is a civic holiday in Delaware, Hawaii, Kentucky, Montana, New Jersey, New York, Ohio, Virginia, West Virginia, and the territory of Puerto Rico. Proposals for making Election Day a federal holiday have so far been unsuccessful.

Most U.S. states allow voters to cast ballots before the Election Day and most have some kind of absentee ballot system. Unconditional early voting in person is allowed in 39 states and in D.C. Unconditional absentee voting by mail is allowed in 27 states and D.C., and with an excuse in another six states. Unconditional permanent absentee voting is allowed in five states and in D.C.

Postal voting for all major elections has been established in Colorado, Hawaii, Oregon, Utah and Washington, with ballots mailed to voters several weeks before Election Day. In Oregon, all postal votes must be received by a set time on Election Day. Washington State requires postal votes be postmarked by Election Day.