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Could Hurricane Sandy delay the election?
Connect Mid-Missouri dot com ^ | 30 October 2012

Posted on 10/30/2012 11:58:36 AM PDT by JOAT

A 2004 Congressional Research Service report notes that there is no constitutional instruction or federal law on postponing a federal election.

However, the report theorizes that presidential emergency power could be used to delay an election -- specifically, if "attacks, disruptions and destruction are so severe and so dangerous in certain localities, particularly in crowded urban areas, that the President under a rule of necessity may look to protect the public safety by federalizing State national guard and restricting movement and activities in such areas which would obviously affect the ability to conduct an election at those sites."

Congress could also theoretically step in and pass a law or give that power to the president, the report says. Courts have typically left it up to Congress to set election procedures.

(Excerpt) Read more at connectmidmissouri.com ...


TOPICS: Conspiracy
KEYWORDS: braking; election; sandy
This cannot be allowed to happen. If power is not restored in a week, they better be printing up fraud-resistant paper ballots now.
1 posted on 10/30/2012 11:58:36 AM PDT by JOAT
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To: JOAT
... there is no constitutional instruction or federal law on postponing a federal election ...

False.

Art. I, Sec. 1 of the Constitution requires that all of the electoral college electors vote on the same day, but does not require that they all be selected on the same day. How electoral college electors are selected is expressly left up to each of the State legislatures; however, the Constitution is silent about when the electors have to be selected by the States. So federal statute spells out when the electors need to be selected.

Under 3 U.S.C. § 1, each State is required to appoint its electors (whether by direct election or otherwise) on the Tuesday after the first Monday in November.

3 U.S.C. § 1: "Time of appointing electors. 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."

Under 3 U.S.C. § 2, if a State legislature decides to select the State's electors by direct election (which all 50 states have elected to do) and the State is unable to choose them on election day (which would apply if the state had to cancel elections because of weather), then it is up to the state legislature to determine how to and when to appoint the State's electors.

3 U.S.C. § 2: "Failure to make choice on prescribed day. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct."

So the simple answer is if a natural disaster hits on election day, then under existing federal law the affected states can cancel or postpone their elections without affecting the elections in any other states. How their electors will then be selected will be entirely up to the state legislatures.

There is no provision under the Constitution or federal law allowing the President to cancel, postpone or delay Presidential elections for any reason. Of course, Obama has never let a little thing like rule of law hinder him from doing whatever he wants.

2 posted on 10/30/2012 12:05:32 PM PDT by Bubba_Leroy (The Obamanation Continues)
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To: JOAT
Non-starter. Even if the power is not restored in some places by next Tuesday, how hard would it be to hook up some generators to turn the machines on? When my power goes out, it only takes me 15 minutes to get my refrigerator and the lights back on with a generator I bought at Home Depot for around $500.

Let's not be nervous Nellies. The election will happen one week from today and Obama is going to get crushed.

3 posted on 10/30/2012 12:06:12 PM PDT by SamAdams76
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To: SamAdams76

Never put anything past 0bama. Ever. If he can allow Americans to be slaughtered by terrorists without trying to save them, he can stop us from voting. I hope you’re right though. Even if the election proceeds and 0bama loses, be prepared for the ‘disenfranchised voters due to Hurricane Sandy’ argument afterwards.


4 posted on 10/30/2012 12:11:55 PM PDT by Obama_Is_Sabotaging_America
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To: JOAT

Mark my words, we will be hearing about this from the MSM heading into the weekend.

Some liberal group or state will sue to have the election delayed or extended so that the Dems can unearth more of their voters to drag to the polls.

A Dem-appointee Federal Judge somewhere will side with them, it will have to be appealed...yada, yada, yada.

Romney better have his lawyers ready. The Dems will try to extend this election beyond November 6th.


5 posted on 10/30/2012 12:12:08 PM PDT by Retired Greyhound (.)
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To: SamAdams76

Never put anything past 0bama. Ever. If he can allow Americans to be slaughtered by terrorists without trying to save them, he can stop us from voting. I hope you’re right though. Even if the election proceeds and 0bama loses, be prepared for the ‘disenfranchised voters due to Hurricane Sandy’ argument afterwards.


6 posted on 10/30/2012 12:12:36 PM PDT by Obama_Is_Sabotaging_America
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To: JOAT

Perfect opportunity to tell liberals they’re right... the election has been postponed until 7 Nov, to give them an extra day to dry their horns, beaks and claws off.


7 posted on 10/30/2012 12:16:20 PM PDT by ScottinVA (Record high turnout is our hope for sending 0bama home. Pray hard!!!)
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To: Obama_Is_Sabotaging_America

“particularly in crowded urban areas”


8 posted on 10/30/2012 12:22:29 PM PDT by MNDude (OWS Movement RIP)
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To: JOAT

If the majority of power cannot be restored by election day then it will not look good for this administration. Delaying the election will just drag this nightmare out showing how terribly incompetent they are.


9 posted on 10/30/2012 12:25:21 PM PDT by formosa
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To: JOAT

Congress has no authority over the chusing of electors.

There are 50 elections next Tuesday, not one, and all 50 are under the authority of the State legislatures, and no one else.


10 posted on 10/30/2012 12:27:04 PM PDT by Jim Noble (Diseases desperate grown are by desperate appliance relieved or not at all.)
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To: Bubba_Leroy
False.

Art. I, Sec. 1 of the Constitution requires that all of the electoral college electors vote on the same day, but does not require that they all be selected on the same day. How electoral college electors are selected is expressly left up to each of the State legislatures; however, the Constitution is silent about when the electors have to be selected by the States. So federal statute spells out when the electors need to be selected.

That is not quite right:
Article 2, Section 1, clause 4 states:
"The Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

So, the Constitution does clearly state that the Congress sets BOTH dates. I guess one could quibble whether the final clause applies to both preceding clauses, or only the last one - but IMHO it is clear that both dates are meant. It would be silly to allow the states to choose the electors "at will", but the electors can only cast their vote on a specific day.

Also, that "may" could easily be abused.

11 posted on 10/30/2012 12:27:35 PM PDT by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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To: JOAT

Congressional Research Service reports are not law. Not even close.


12 posted on 10/30/2012 12:28:36 PM PDT by popdonnelly (The first priority is get Obama out of the White House.)
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To: JOAT
Law? The Constitution? When did the 0bama regime start giving a flying **** about the Constitution?

Could it delay the election? Of course it could. 0bama could invoke martial law with the stroke of a pen (or a wave of his hand), too.

As long as that lawless Marxist resides in the White House, anything is possible. Bring it on. I'm sure there are hundreds of thousands of us, if not millions, ready and waiting for a reason to march on Washington.

Photobucket

13 posted on 10/30/2012 12:32:51 PM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: Bubba_Leroy

Article I, Section. 4. is also relevant. “The Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”


14 posted on 10/30/2012 12:33:13 PM PDT by arrogantsob (The Disaster MUST Go. Sarah herself supports Romney.)
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To: SamAdams76

“When my power goes out, it only takes me 15 minutes to get my refrigerator and the lights back on with a generator I bought at Home Depot for around $500.”

Yeah...but when the gubmint undertakes something of this nature, it requires 3 months, $50 million, a new czar (with a commensurate quantity of underlings), and an environmental impact study.


15 posted on 10/30/2012 12:36:11 PM PDT by moovova (If someone is still "undecided", they're not really undecided. They're just chronically perplexed.)
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To: JOAT
To the headline:

NO


16 posted on 10/30/2012 12:44:39 PM PDT by svcw (Why is one cell on another planet considered life, and in the womb it is not.)
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To: JOAT
Not to far fetched! Pictures, Images and Photos

It's good that we have Dear Leader around to save us from free elections. Very good.

17 posted on 10/30/2012 1:14:23 PM PDT by Snickering Hound
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To: An.American.Expatriate
"The Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

I interpreted the clause "which Day shall be the same throughout the United States" as only modifying the portion of the first clause that reads "the Day on which they shall give their Votes" and not the portion of the first clause that reads "the Time of chusing the Electors."

In other words, the "Time of chusing" does not need to be the same time throughout the United States but the "Day on which they shall give their Votes" does need to be the same throughout the United States.

Grammatically, if the second clause was intended to modify both "the Time of chusing" and "the Day on which they shall give their votes" then the section should have read either, "The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Time and Day shall be the same throughout the United States" or "The Congress may determine the Day of chusing the Electors, and the Day on which they shall give their Votes; which Days shall be the same throughout the United States."

In any event, it is moot because Congress has by statutes set dates for both the appointment of Electors (election day) and the election by the appointed Electors (in December). Congress has also by statute provided for a state to use a subsequent date for appointing Electors if for any reason the state is unable to appoint its directors on election day.

18 posted on 10/30/2012 1:35:55 PM PDT by Bubba_Leroy (The Obamanation Continues)
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To: Bubba_Leroy

Dear Leader doesn’t need no old outdated piece of paper.


19 posted on 10/30/2012 2:05:28 PM PDT by bgill (Evil doers are in every corner of our government. Have we passed the point of no return?)
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To: JOAT
Could Hurricane Sandy delay the election?

Something neither World War II nor the Civil War could do?

20 posted on 10/30/2012 2:09:24 PM PDT by Fiji Hill (Deo Vindice!)
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To: Bubba_Leroy

As I said, it is possible to argue about the application of the final clause.

I contend that it would be a bit strange to allow the selection of the electors to be open to influence based on the results of the elections in other states, but that each state’s electors must meet and select the president on the same day, i.e. not open to influence.

But I concede that the grammatical arguments are also compelling.

As you stated, it is, at least for the moment, moot. Congress did set a specific date for both and there is no “wiggle” room.

One final point though - in your original post, you mentioned a Paragraph from the USC regarding the failure to choose electors. IIRC, that paragraph stated that an election has been conducted, but the electors could not be chosen *on that day* and therefore the Legislature was to choose the Electors. That Paragraph would not apply here as the election itself would not have taken place.

TBH, if one or more states are unable to hold an election (due to such circumstances as a natural disaster), the executive should be able to adjust the date, within reason. Of course, the Congress should be the ones charged with doing so - but the quibbling there would likely take longer than would be justified. Then again, in today’s political environment - such an action, even if justified in the exes of a reasonable person - would cause a s***storm!

Let’s just hope things go off smoothly.


21 posted on 10/30/2012 2:09:53 PM PDT by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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To: Noumenon

ping


22 posted on 10/30/2012 2:32:08 PM PDT by B4Ranch (Stand Up and Be Counted ... Or Line Up and Be Numbered ...)
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To: B4Ranch

Another crisis “too good to waste,” eh?


23 posted on 10/30/2012 3:14:23 PM PDT by Noumenon (“The other side wants everything in America to be free, except us.” -- Paul Ryan)
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To: nathanbedford

Kind Sir:

I would appreciate your insights on this article and the potential ramifications of the election(s) being postponed.

Thank you,

~ lyby


24 posted on 10/30/2012 4:14:31 PM PDT by lyby ("Mathematics is the language with which God has written the universe." ~ Galileo Galilei)
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To: lyby
The constitutional analyses on this thread have been excellent but let us look at the matter in practical terms.

Congress will not act because the Republicans who control the house will not countenance a solution which favors Obama and the Democrats in the Senate will not submit to a solution which favors Romney. Therefore, Congress will not act.

Will the executive act? He has no constitutional authority whatsoever to do so. He has no inherent authority anywhere in the Constitution do so. This does not come under the rubric of commander-in-chief exercising war powers such as did Abraham Lincoln. By next Sunday at least much of the debris will of been cleared away, much of the electricity will and been restored, and much of the situation will have been cleared up. The impediments to voting will be much reduced and the states will by then have put in place emergency voting procedures which compensate for the lack of mobility or the lack of electricity in the most affected places in a few states. Therefore, there will be no general consensus for the president to convert the election into a coup. He will have to do so in the teeth of an outraged country which will see no practical reason to do so.

The courts, however, are a different story. They are, as we have seen, quite capable of dipping into various corners of the Constitution to find justification for doing what they want to do. Add to that the ability of the administration to forum shop and find a left-wing judge and they might well get intrusive orders from the federal courts based on voting rights of minorities, the poor, or other favored identity groups, finding that their constitutional right to vote has been impaired and therefore the state must set a new voting date etc. This then starts a scramble reminiscent of Bush vs. Gore to find a higher court which will set the matter right. There is no way of gaming this scenario.

I think as a practical matter, however, by the time a desperate Obama tries either route, executive order or a complaisant judge, the debris and the confusion will have largely been cleared away and even he would shrink from such a usurpation in view of the fact that the election so far has demonstrated absence of popular support. He is Hugo Chavez but his barrio is much smaller than Chavez'.


25 posted on 10/31/2012 12:32:43 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: All

i wanted to say two seperate things. first, biden on postponing elections:

“I think that is the worst idea in the world,” Biden said in a 2004 interview on ABC’s “This Week with George Stephanopoulos,” according to a transcript. “Essentially acknowledging to the whole world we think we’re going to be attacked before this happens, I think it is absolutely mindless with all due respect.” did biden really say something i agree with???

second, people have been saying for 4 years obama was going to appoint himself dictator, i say that only half believing he would do it.


26 posted on 10/31/2012 1:26:44 AM PDT by willywill
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To: All

“on the Tuesday next after the first Monday in November”

it depends on what your definition of “next” is


27 posted on 10/31/2012 1:26:59 AM PDT by willywill
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To: nathanbedford

THANK YOU! ~ lyby


28 posted on 10/31/2012 2:35:37 PM PDT by lyby ("Mathematics is the language with which God has written the universe." ~ Galileo Galilei)
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