Need a constitutional and federal law scholar to confirm this...

[Pacifist Patriot]

Just got a text saying, "the President cannot change Election Day. Only Congress has the legal authority to change that date. If elections were postponed by an act of Congress, the terms of office for Present and VP still end at noon on Inauguration Day in January 2021 and the Speaker of the House becomes the head of federal government."

Is this true? Having trouble searching on my phone.

Thanks!

[hlthe2b]

1. This report was prepared for COngress on the issue and states, NO, President can not change date

unless Congress delegated that power. CONGRESS CAN CHANGE THE DATE.

https://fas.org/sgp/crs/RL32471.pdf

The Sabato Center at UVA likewise looked at this in reference to COVID-19. Here is there finding:
http://centerforpolitics.org/crystalball/articles/congress-needs-to-start-thinking-about-covid-19-and-the-presidential-election-now/

[Jamastiene]

2. Good question. n/t

[BamaRefugee]

3. Trump won't "change" Election Day. He'll just cancel it due to the danger of people gathering in one

place and going into tiny little cubicles where everything has already been touched by countless others, but of course no deep cleaning after each voter.

HE IS LOOKING OUT FOR US!
Elections are obviously a terrible public health risk.
He cares. He really really cares.

[The Velveteen Ocelot]

5. He can't. States have exclusive control over election procedures,

and Congress determines the national date.

[BamaRefugee]

8. Trump can do anything he wants. He is the UNITARY EXECUTIVE, and Barr,Roberts, and McConnell will be

more than happy to prove it to you.
If you think only states have control over election procedures, you must not have been around in 2000.
The Supreme Court decided that election, for Bush, and they will do it again if need be.

[The Velveteen Ocelot]

9. Bush v. Gore was not decided on a unitary executive theory,

but on an interpretation of the 14th Amendment which the court specifically held was not to apply to any other case.

[BamaRefugee]

11. I didn't say it was, I said it was decided by the Federal Government,not the states.

My take on it is, if someone doesn't think every kind of unprecedented skullduggery possible is going to happen in this election, then they're not paying attention.

[jberryhill]

13. Just out of curiosity

Since the OP specifically calls for:

"Need a constitutional and federal law scholar"

Would you mind stating your qualifications for that, and perhaps VO will do the same, so there is something to go by?

(3 semesters of Constitutional Law in law school here, one of which was a 12 student group seminar taught by Joe Biden)

[BamaRefugee]

15. If you want to be specific, the OP stated she needed a Constitutional/federal scholar to CONFIRM IT,

there was no stipulation that no one could discuss other things, without confirming it.

20 years of actual service in the legal field here, not an attorney but I do the dirty work courts and attorneys need done, or there would be no one showing up for trials, no writs and levies for judgements, no restraining orders on bad people, etc.

[BamaRefugee]

10. Also, don't forget SCOTUS will be taking up a case on whether or not Electors in the Electoral

College, which ACTUALLY decides who is President, and is a strictly FEDERAL institution, have to really vote for the candidate that they said they would vote for. The "faithless electors" situation I think it's called.
Supposedly SCOTUS will rule in April or May.
All kinds of hijinks may ensue.

[stopdiggin]

14. No. Again you are off track

And the case before the SC (decided either way) will have zero effect on the election.
And, getting back to the original question, also has zero effect on whether the election can be cancelled or postponed by the president. Answer: No.

[BamaRefugee]

17. I don't think I'm off track. I'm responding to people who keep saying that Presidential Elections

are strictly managed by the States.
I'm simply posting proof that a Presidential Election is decided, ultimately, by a FEDERAL institution.

[stopdiggin]

21. yeah. that plus a bunch of stuff about

cancelled elections and unitary executive .. and the "president can do anything he wants" and ...

so .. perhaps if you were only arguing about state vs federal role in elections ...
but clearly you aren't.

[BamaRefugee]

12. More proof that Trump can do what he wants:

[link:https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/|

[stopdiggin]

16. Again. No.

The idea that the president is going to "take over" .. and extend his stay in office through national emergency or martial law .. is just conspiracy nonsense.

Indulge your own dark fantasies .. but you're way out on a limb.

Elections will be held .. and voters (and electoral college) will determine who is in office next January.

[TwilightZone]

6. He can't.

See the first link in post #1.

[Flaleftist]

20. Sounds like a good time to push for mail in voting.

Every registered voter should be mailed a ballot. This would increase voter participation and leave a paper ballots for proper recounts.

[The Velveteen Ocelot]

4. Article II, sec. 4:

"The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States." Congress sets a national election day. Currently, electors are chosen on the Tuesday following the first Monday in November, in the year before the president's term is to expire. The electors cast their votes on the Monday following the second Wednesday in December of that year. Thereafter, the votes are opened and counted by the vice president, as president of the Senate, in a joint session of Congress. Article II, sec. 1 says: (The president) "shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term.."

[crickets]

18. Thanks for that. nt

[Under The Radar]

7. * if first approved by Charles Koch....

Which shall be directed through the Senate by Mitch McConnell.

[KY_EnviroGuy]

19. What do you all think will happen with our convention?

Can a convention be held by video teleconference in a dire emergency?

Won't many of our late primaries need to be completed by mail-in ballots?

Ours is not held until May 19.

TIA, KY...........