everything old is new again

Gee, I’m so surprised.

July 12, 2004
Gee, I’m so surprised.

Officials discuss how to delay Election Day

There is no reason that the elections should be postponed. At this stage of the game, it smacks of ShrubCo’s desperation to maintain power. They stole their way into office, and now they’re ready to do whatever is necessary to retain control.

We need to be heard, now, about this. The entire situation reeks of the Politics of Fear, and we cannot bow to its pressure. If the Republic withstood the Civil War, I think it can withstand another terrorist attack.

4 Responses to Gee, I’m so surprised.

  • States are able to postpone elections in case of emergency. There is no reason for federal power to do so, since each state is responsble for their voters.

    I thought the GOP was a state’s rights party?

  • Florida 2000 showed they care nothing for states’ rights.

    Even if elections were suspended, the Constitution clearly spells out how long a president is in office. It also clearly spells out when the electoral votes must be counted and registered. Any delay of either of these things would require a Constitutional amendment. The term of office for the president is so clearly laid out that the 20th amendment had to be ratified in order to change the inaugural date, because changing it gave the president in office at the time a couple of extra weeks in office.

    In other words, any suspension of elections *might* be legal, but it would be illegal to suspend them beyond the date necessary to ensure that everything the Constitution mandates be done when it needs to be.

  • Does a state have the right to suspend a *federal* election? I know that a lot of the election mechanics are handled by and the responsibility of the states, but there are federal laws that apply to them as well, and I’m not sure a state has the right to reschedule a federal election process.

    Good point from Kim on the Constitutional provisions of a presidential term; looking at the 20th Amendment, it looks like there’s an “out”: “If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”

    Which doesn’t fill me with any tremendous confidence, of course.

    Though, if the Federal elections have been cancelled, then none of the Representatives are within their terms. Article I Sec. 2 seems to indicate that the state executives (governors) can then issue Writs of Election. Unless that’s trumped by Congressional law passed pursuant to Article I, Sec 4.


  • Does a state have the right to suspend a *federal* election?

    States have to turn in counts by a certain date, but otherwise run elections themselves. Some states have additional days for voting, some have longer hours. States decide upon which machines to use, who is allowed to vote, and so on. This all applies to federal elections. I would assume they could also move the date back for a few days in case of emergency.