Block on Trump's Asylum Ban Upheld by Supreme Court
On the morning of July 30, President Trump finally came out and said it.
He thinks that perhaps the November General Election should be delayed.
“With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history," he tweeted. “It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???"
Trump's suggestion was probably not entirely surprising to Democrats, who have long suspected he'd be seeking to stoke advance fears about a “rigged election."
But, since he did raise the issue, maybe it's time to review what would have to transpire before a general election could be delayed.
First, it's important to point out that no general election in the U.S. has ever been delayed – not even in 1918, when the nation was in the throes of a crippling pandemic much like today.
Second, the president doesn't have the power to order a postponement. (Trump is apparently aware of this and has never claimed that he does.)
Third, it would require an act of Congress to move the date back. But even then, Congress would face difficult roadblocks. The date of the federal election and the date when the Electoral College casts its votes are set in federal law – this year those dates are Nov. 3 and Dec. 14, and it would require an act of Congress to move those dates. While the Republican-controlled Senate might be in favor, the Democrat-controlled House almost certainly would not.
Meanwhile, even on the remote chance that the House would agree to move the dates, the biggest roadblock would be looming in the near future: The U.S. Constitution states that at noon on Jan. 20, the term of the current president must end. Getting around that edict would require a constitutional amendment, which requires a two-thirds majority of both the House and the Senate. Simply put: This is extremely unlikely.
While all these rules seem clear, it also seems evident that 2020 is unfolding in an unprecedently unpredictable fashion. So, who knows for sure?
A big influx of mail ballots could overwhelm the U.S. Postal Service – and that's if the financially strapped U.S. Postal Service even exists beyond September, the date when it says it will run out of money without governmental assistance. Voters who apply for the ballots may not receive them in time. Some states require that ballots not received by Election Day must be rejected.
On July 29, the nonpartisan organization MapLight released a report, “Election in Peril," that pointed out some other possible troubling scenarios:
But let's not get ahead of ourselves. Let it be said for now that very few people, not even Republicans, think that altering the election date is a good idea – or even workable. At least we can take solace in that.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.