Former US Attorney, Barb McQuade, doesn't think presidential election can be postponed w/o amendment

[Mrs. Overall]

Link to tweet

Barb McQuade
✔
@BarbMcQuade
For those worried about postponing the presidential election, I don’t think he can do so without a constitutional amendment. Art II says his term is 4 yrs, and 20th Amendment says it ends Jan 20. What say you, Con Law Twitter?

[no_hypocrisy]

1. And that's why it would be a constitutional crisis if Trump did suspend/cancel the presidental

election.

[LiberalFighter]

4. If he behaves as a dictator or other type he would not have protection.

[woodsprite]

2. There have been a lot of laws and rules that have said he and his cabal couldn't do things

They did them any way. I fully believe they are trying every which way to hinder or outright destroy the elections - both primary and general. Constitution - isn't worth the paper it's written on if nobody will hold him to it and enforce the laws set forth.

[LiberalFighter]

3. There is no thinking about it.

Congress would need to change the law regarding when electors are voted. That would be difficult to do. First it would require both the House and Senate to pass the legislation and then for a President to sign it. I don't see it happening in the House.

Then if it did pass, it would require all 50 states, DC, and territories to change their election law. THAT is NOT going to happen.

The alternative is for people to utilize mail-in absentee.

[Cha]

6. Thank you for all that valuable encouraging

information, LF

[EarlG]

5. Here's a theory:

If the Constitution says that Trump and Pence's term can last no longer then four years...

And the Constitution also says that the line of succession is President > Vice President > Speaker of the House...

Then if no elections are held, wouldn't Nancy Pelosi automatically become president on January 20, 2021?

(As you can probably tell, I'm no Constitutional scholar...)

[LiberalFighter]

7. Sneaky there. It might pass muster. :)

Make sure to include that VP can't take over because he is no longer in the line of succession once his term is up. At 4 year 1 second he is an ex-VP and only then is there a vacancy.

I should also add that if the President was to resign or otherwise cannot fulfill his duties and the VP takes over. The VP only completes the rest of that term and that term only.

[Roland99]

9. Validation.....

Link to tweet

Carlton Larson
@carltonfwlarson
And even if the election was delayed, Trump's and Pence's terms would still end at noon on January 20, 2021. If no election has been held by that point, the Speaker of the House would assume the powers of the presidency under the Presidential Succession Act.
Josh Douglas
✔
@JoshuaADouglas
Since lots of people have asked me:

No, Trump cannot use his executive powers, even in a national emergency, to delay the November 2020 election. Only Congress can set the date of the presidential election.

[crickets]

10. That tweet thread is a great read. Thanks! nt

[Native]

8. 1/4 of all ballots in the last presidential election were mailed in. We can simply switch to that.