Wilso wrote:Are there any people on this site who know enough about the US constitution to say whether it's possible for a US election to be postponed? And what the circumstances would need to be?
http://www.law.yale.edu/outside/html/Public_Affairs/134/yls_article.htm
Interesting article and topic. Might be worth starting up a thread just for this issue.
Excerpts:
Think back for a moment to the reason Sept. 11 was a specially marked date on New Yorkers' calendars: It was a local election day, with contests that included the city's mayoral primary. As the horrific events unfolded, Gov. George Pataki understood that an orderly and democratically satisfactory election that day was impossible.
State law allowed him to postpone the balloting. But current federal law does not permit a similar delay of congressional and presidential elections. The law mandates an election on the first Tuesday after Nov. 1, come hell or high water, terror or trauma.
So suppose that a major presidential or vice presidential candidate dies or is incapacitated shortly before Election Day. A patchwork of state laws governs ballot access and counting, and most states allow national parties to substitute new candidates. But in some situations, parties would lack time to deliberate and state officials would lack time to print revised ballots. Without some postponement, voters might not even know whom they were really voting for. If presidential candidate Smith died, would a vote for Smith be counted as a vote for his or her vice presidential running mate Jones, or for some player to be named later by a conclave of party bigwigs?
One option would be for federal law to move the federal Election Day to October, with provision for postponement in rare circumstances. This, of course, would widen the very gap between election and inauguration that the 20th Amendment sought to shrink. A better response would thus be to keep Election Day as is, but allow brief postponement in rare circumstances, with streamlined voting technology, statutes and court procedures to ensure enough time for proper counts and recounts.
The question remains of how--and by whom--a postponement should be triggered. Handing this power to the chief justice risks sucking the Supreme Court into partisan politics, the danger of which is well illustrated by last year's controversy surrounding Bush v. Gore. The current Federal Election Commission may likewise lack the necessary credibility and impartiality. One possibility would be to let each major party (defined as the top two vote-getters in the previous election) trigger a postponement upon request. Parties would hesitate to delay elections for frivolous or partisan reasons because the voters could immediately punish any postponements seen as gamesmanship.
A final issue is whether, in an emergency, to postpone all federal elections or simply the presidential one. Once again, a law could be drafted to specify the decision maker and vest that person with considerable discretion. Because federal law controls only federal elections, each state would decide whether to postpone elections for state officers so as to coordinate with the delayed federal election, or whether instead to hold two elections in short order for state and federal officers, respectively.