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 ...
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.
Let's not be nervous Nellies. The election will happen one week from today and Obama is going to get crushed.
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.
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.
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.
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.
“particularly in crowded urban areas”
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.
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.
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.
Congressional Research Service reports are not law. Not even close.
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.
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.”
“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.
It's good that we have Dear Leader around to save us from free elections. Very good.
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.
Dear Leader doesn’t need no old outdated piece of paper.
Something neither World War II nor the Civil War could do?
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