an emergency he created? I don't think it will fly any further than about 25% support.

constitution when the election will happen.

and that is in the Constitution. Trump has NO SAY.

A new date would have to be agreed to by both houses.

Let's have someone with a little credibility (but not a lot) to put the idea out there and see what kind of reaction it gets.

Yes, there are quite a few lawyers on DU who have answered this question repeatedly. I am one of them.

You can answer the question yourself if you consider one simple fact which you already know if you have ever voted in an election in the United States - The US federal government does not run elections in this country.

If you have ever voted in the United States, you may have noticed that you register to vote with your STATE and that your STATE determines the ballots, locations, and manner of voting. Your state counts the votes and certifies the results.

Now, if your state decides not to participate in the elections this year, then I guess that will be a problem for you.

If you have not voted in an election in the United States before, then of course you may not be aware that the US federal government does not administer or run elections in this country. But everyone who votes in this country should have noticed that their elections are run by their state.

But, tell me, do you think that, say, New York, Michigan, California, or Pennsylvania are going to, through some magic, not hold elections because Trump says so?

3 USC Section 1: The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.

While this provision has been on the books for a very very long time, I don't think it has ever been challenged. But if it is indeed valid for the federal government to dictate to the states the timing of presidential elections, then one can foresee an argument that the federal government could change that date and, possibly, that Congress has delegated emergency powers to the President that would allow him/her to override the date designated by Congress.

Can we just for one second say the RETHUGS (tRUMPS whole group in congress, and judges, putin included) go for broke this Nov.! In this i mean they ALL decide someway, somehow to postpone this election, (with the rethugicon controlled states). Now for some ungodly reason this happens, Jan 20th. (i think) we have No president, no House, not sure about the senate, We would STILL have to have an election, but what happens, and who decides what? I know this sounds way off the wall type situation, BUT just to clear the air, WHAT HAPPENS? Anybody got any imput?

This would have a huge effect on electoral votes i'm thinking. I do not worry about the states you have mentioned. I do really believe this is possible, even though it sounds far fetched. I personally believe they have something up their sleeve!

California, Illinois or any blue or purple state will suspend their November elections for any reason.

But what if trump tweets out that he thinks we should postpone or suspend the election and all the deeply red states agree to it? Even if the rest of us go ahead, won't that give them an excuse call the results invalid?

I mean, I want to believe this very badly, but I feel like that's not how it would go.

I mean, McConnell made up a rule out of nowhere that SCOTUS picks aren't allowed before an election just to keep Obama from naming another. And now he's saying if there's an open seat between now and November they'll absolutely go ahead with filling it. The make up rules as it suits them and no one seems to be able to stop them.

I'm sure one could easily find a rule or law the GOP ignored in the last 3 years for their own convenience, if that example isn't comparable enough.

If trump convinced the red-state governors to delay or suspend their elections, what would stop the GOP, with its majority in the Senate and SCOTUS and its stranglehold on the WH, from declaring that election results from the blue states are meaningless until all the states vote?

...are all different things.

"I'm sure one could easily find..."

Then find one. Your certainty is not evidence of one.

"with its majority in the Senate" - If they don't have elections, then they don't keep that majority. It's up to states to hold elections to send representatives to Congress.

I get it. You, and others, want to believe this stuff. You want others to believe it too. Why, I don't know, but I can probably come up with some guesses.

Saying that they ignored a rule that doesn't even exist, as a basis for saying that nobody is going to be able to figure out what the Constitution means by "The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January", is just silliness.

Yes, if the flying unicorn says the magic words, then all the red states will simply decide that they don't need to replace their term-limited governors, elect their own legislatures, or send representatives to Washington. It's stupid and not in their interest, but who am I to argue with the magic flying unicorn.

but none of the arguments I've seen saying it can't happen seem to be taking into account that this administration has done so many unprecedented, previously unthinkable things and no one ever seems to stop them.

But since you've decided to get insulting and make assumptions that I'm some moron who believes in unicorns, I'll stop trying to have conversation with you about. Thanks.

Elections still went on during the Civil War. Regardless of an emergency. There has been multiple trends on this issue, perhaps someone can point to these prior discussions.

Look up Colorado in the 1876 election.

As a matter of fact, its enshrined in the constitution, including the time at which it should happen every four years. Not even congress can change that. States are charged with organizing it but the date is set in stone by the constitution.

Snip> " The 20th Amendment to the Constitution says a president’s term ends automatically at noon on Jan. 20, every four years: that’s Jan. 20, 2021, for Trump. If at that time there has been no one elected to replace the president, he and the vice president do not get to stay in office indefinitely.

Acting President Nancy Pelosi?

Instead, the Constitution says Congress decides who would become acting president. And it has decided on ... the speaker of the House." <Snip


https://www.usatoday.com/story/opinion/2020/03/26/coronavirus-pandemic-trump-cannot-cancel-2020-election-column/2898418001/

The Senate Pro Tempore would be next in line.

As much as I could get behind that, it can't happen if the election is cancelled.

Just like Trump, all of the House Representative's terms also automatically end, and if there is no election, we will have no House of Representatives. Instead, what will happen in that case is that the temporary Presidency would go to the most Senior senator in the Majority. And no, that won't be Mitch McTurtle. He is up for re-election too. And with no election, too bad for him.

If there is no election, Republicans will lose their majority, they have more senators up for re-election in 2020 than democrats do.

Therefore, the Presidency will not go to Schumer either (I'm not even sure if he is up for re-election), it goes to the most senior senator (who has served the longest in the senate). We will be welcoming President Patrick Leahy.

This I don't know much about, but while the President can not "Cancel" the elections, he could pronounce Martial Law perhaps, thinking it could effectively cancel the election. (if there are so many people dying from the virus that there are bodies in the street? God forbid). Who knows. It is up to the States, but if there is a nationally proclaimed martial law, then people wouldn't be able to vote (hopefully all states will put forward vote by mail, but do you get mail under Martial Law?) We are in undiscovered territory, no doubt.

(Just KIDDING!!) But who f*%$ing knows with this guy. His mental state can only get worse as he is cornered. If he is not re-elected, there is a good chance he will be spending some time in Jail, and I think he would do /anything/ to avoid that.

The date of the Presidential election is established in the Constitution,
The expiration date of a president’s term is established in the Constitution,
Elections are regulated by states,
Votes are counted and certified by states,
State electors cast their electoral college ballots according to state laws,
Congress certifies the Electoral College results,
Any judge can swear in the new president on 1/20/21,
PERIOD.

Trump has no power to alter any of the above.

Feel better now?

Last edited Wed May 13, 2020, 03:43 PM - Edit history (1)

It is established by Congress. 3 USC Section 1. Congress also has set the date for election of Senators and Representatives. 2 USC Section 7.

To the extent Congress has conferred broad power on the President to override congressional mandates in the event of an emergency, then one could foresee an argument that the President could order the postponement of the November 2020 election.

But because of the other, Constitutionally mandated elements of the schedule, it would be problematic for the election to be postponed for more than a few days.

Even if there is an argument for Presidential power to postpone the election, I think the likelihood of Trump trying this is effectively zero.

The states that have republican governors may want to go along with trump, and just declare their electoral college votes to him, by declaring their own "states of emergency", and cancelling their elections.

In fact, here's my (conspiracy) theory:

The republicans have been spreading to their minions, through these (russian) conspiracy websites, that the "liberals" are planning a "one world order" (and, by the way, Bill Gates is supposed to head up this one world order, just to throw a real person in there. I'm surprised they aren't pushing Hillary, or some such.) .

Well, you know how republicans are MASTERS OF PROJECTION? Well, if you listen to all their rightwing QAnon and those nazi websites (can't recall their names at the moment), you will see that they are projecting onto the liberals AHEAD OF THEIR COUP, all of the things they are planning.

I think trump, Barr, McConnell and Putin are planning something. Gawd only knows what it might be, but Jared pushing this out there is just speaking to their followers.

Ok. Tinfoil hat, but they have it all worked out on these conspiracy websites, about what "liberals" are going to do. And we all know how convenient it would be to make it happen, and then say they foiled the liberals take-over. The people in the highest positions of power are clinically crazy, and they've stirred up a real crazy, gun-toting, militant crowd.

but what you are describing would be totally unprecedented and would in no way conform to any known or written law and it's not like all of the officials even in those states would just go along with such a move.

Give him any more power than the 34 already in effect?

A state of emergency does not allow him to delay or cancel an election

If THAT doesn't constitute a state of emergency, I don't know what does.

Its in our constitution

but he won't succeed. The election will be held and Trump will be gone.

There are NO provisions for delay or cancelling the elections in it. If the elections are not held, illegally I would add, Dump leaves office on January 20 with no replacement or an acting president steps in. PERIOD.

Same goes for Congress on January 3rd.

These "what if" posts are getting fucking tiresome.

I know some here are tired of speculation like this, but if this was a normal president, I too would like be tired of the endless speculation. The facts is the pResident cannot cancel elections in any legal or constitutionally sound way. However, this man is far from rational and keeps bragging about his "unlimited power", not fully understanding it isn't fact. So, would he try something like forcing states to postpone or cancel elections? I believe he is the type of person to try it. Is the Federal government able to withstand this; possibly. In the meantime, take a look at this:

He thinks it's a hoax anyway.

But what he can inspire his cult to do to intimidate voters at the ballot locations in liberal districts. Will there be adequate LE protections for those who want to vote or will these people be able to show up in their military gear with their assault rifles to scare away voters? That is something to think about and I have no doubt that it could happen.

I know that I would be intimidated, although I am in an area where it would be unlikely to occur, but there are many areas in this country where there is a huge risk for Democrats being scared away from the polls. We need to anticipate every possibly scenario and be prepared for it. And we need to make sure that LE does their job to protect our constitutional right to vote.