If trump were to suspend/delay the election?

Leahy 2021: Vermont won't be the denied the presidency

 

If this crisis is this bad 10 months from now that we've delayed the election and inauguration we are truly in uncharted Constitutional territory. My own guess is Trump would stay in on the basis of it being a national emergency. Democrats and others would sue and it would have to be resolved by the USSC, provided the USSC is even able to meet in session. Unfortunately if it gets this far the Executive branch holds most of the power. Under the Constitution the Executive branch is given a lot of leeway in case of national crisis.

That said if this crisis is still going on 10 months from now we might have many other problems, such as shortages of medicine and food to worry about.

 

I can't see Republicans wanting to suspend elections...they thrive on lower turnout numbers. My guess is that they'll hold the elections, but try to limit how people can vote as much as possible while trying to rely on their dedicated voting base. So...basically what they always do.

 

I know OP is talking about trump delaying the election but could anyone else delay it?

 

Mail a paper ballot to every single citizen and ask for them to send it back and keep a receipt showing how they voted. It's not that difficult if we're still dealing with this pandemic come election time.

 

My guess is if he was to suspend under the National Emergency Powers, the best he can do is suspend for a period of time with a Supreme Court ruling after the DNC sued.

However....his decision to do so would be so widely unpopular & look so pathetic that one would think that when the election did take place at a later date, he would get completely crushed.

Best thing would be for all 50 states to agree to institute an emergency vote by mail process to be put in place. The DNC and RNC should both push for commitment from all 50 states to guarantee emergency voting procedures ASAP.

 

About a month ago I was scoffing at the threads saying how Trump would declare himself supreme ruler and find a way to stay in office, ala Putin. The irony of the situation is not lost upon me. The only way I would support a delay in the election is if the Dem Party was fully on board. Not that my support would mean jack.

Digital and vote by mail elections seem like it's too easy to compromise. But if both parties can't come up with an agreeable solution, then a 'shady' election is better than the appearance of impropriety, IMO. It's not like we've never had 'shady' elections in this country.

 

If the us can't contain the virus then the government has failed. China has managed to stop it and they have way more people.

 

Hell no 45 must go

 

Good job.

I was one who thought Pelosi would be president but I am glad to have actual answers.

 

There is no mechanism for him to declare a national emergency and stay.

Can Trump use the national emergency to delay the election?

No. The president does not have that power. Legal scholars are widely in agreement on this point, as are both Republican and Democratic election officials. The nonpartisan Congressional Research Service reached the same conclusion when it investigated the question in the aftermath of 9/11.

Under the U.S. Constitution, Trump and Vice President Mike Pence cannot stay in office past their four-year terms without being reelected. If the election does not happen for any reason, constitutional rules of succession kick in.

 

Congress can move election day as that is set by legislation. What can't be moved is the end of a presidential term. That is set by the Constitution. The 20th Amendment sets the end of Congressional and Presidential terms. So I'm not sure how you get around that. You basically can only delay it by a month or so and even that is dangerous because you potentially screw up the transition period between administrations (if Biden were to win). Now, Congress can pick the president if no president/vp is available but that implies that Congress had elections (which it wouldn't in this scenario).

You basically have to pass a constitutional amendment in rapid sequence to revise the 20th amendment.

 

In 10 months, if thing still exists, it's probably spread to just about everyone. In this scenario, there's a decent chance that many of our House Reps and Senators are dead, given their demographic, so we have no idea what the makeup of the Senate would be.

 

I believe it would have to be the states that delay it as they conduct all the elections. I don't think Trump could delay the elections himself. Doing so would certainly be an overreach of executive power and essentially appointing himself dictator.

I can't imagine any state delaying the election for president or house members. They have plenty of time until Nov, they will figure out a way.

Whether that way favors Dems or Reps is to be seen, I'd imagine it will be on party lines and geared to help their side win - that's where things get dodgy. How will the election be conducted in Michigan, Florida, Wisconsin, Pennsylvania, Virginia, etc? If Florida using a regular ballot system in poor black neighborhoods and encourages people not to gather or if the elderly are given the ability to vote remotely it will help republicans, where as if it is easier for the young/poor to vote it helps democrats.

It is going to be a contentious issue as it will likely decide whether Trump wins or not.

 

The states nor the President have the power to delay the elections. Those are set by federal statutes and only Congress can change it. Even martial law doesn't suspend the Constitution.