Can Tuesday's election be postponed without the approval of Congress?

[red dog 1]

Could President Obama use Executive Privilege to order a temporary postponement of the election?

Don't the 3.3 million victims of Hurricane Sandy who still have no power deserve the right to vote?



There are other DUers who have posted on this topic, including this one,
http://www.democraticunderground.com/10021665755

[LisaL]

1. It would be unprecedented.

I don't think there is any chance of that. But a governor of a state could postpone election of that state. Although it will likely end up in court, since that is also unprecedented for a federal election. I don't think that will happen either.

[HooptieWagon]

2. Yes and no.

State and local officials can postpone state and local elections. Only Congress can postpone a federal election. I doubt they will do so.

[LisaL]

4. If state fails to chose electors on election day, it can do so on subsequent day in a manner

dictated by its legislature. Although I have no idea what "failed to chose electors" means in this context. If two people out of the whole state manage to vote, does that count?

[Tx4obama]

10. The video with the article says it would not be postponed, voting days would be 'extended', so ...

... so that is different.

[HooptieWagon]

11. Congress shall establish the day of voting.

They established that day to be the first tues in Nov. Perhaps hours can be extended to midnight, I don't know. But adding extra days, or postponing the election until another day would require an act of Congress, which I doubt they'll do.

[Tx4obama]

12. Please watch the video on the link below... voting days can be extended without Congress

Here: http://www.cnn.com/2012/10/31/politics/sandy-election-day-postponement/index.html?hpt=hp_t2

The election can not be postpone, it has to take place on November 6th but the rules allow for states to 'extend' voting days due to natural disasters.

Also on the news this morning they said that if in the affected counties if voter turnout was less than 25% than after twenty days they could hold one more day of voting.

[Tx4obama]

3. Below is a link to an article that explains what can and cannot be done ...

Here: http://www.cnn.com/2012/10/31/politics/sandy-election-day-postponement/index.html?hpt=hp_t2

[LisaL]

5. I really don't understand what they mean by "state failed to chose electors"

If anything comes out of Sandy, we need new laws on how to deal with disasters and elections.

[Tx4obama]

8. There is a video there with the article ...

I just watched the video and basically he says that the election would go on as scheduled (not canceled) but that some states have a rule that would allow certain counties or cities within the state to extend the voting days/time ...

Anyway the video is pretty good and I recommend watching it if you get time.

[Tx4obama]

14. More info ...

Video here explaining extended voting time/days: http://www.cnn.com/2012/10/31/politics/sandy-election-day-postponement/index.html?hpt=hp_t2

The election can not be postpone, it has to take place on November 6th but the rules allow for states to 'extend' voting days due to natural disasters.

Also on the news this morning they said that if in the affected hurricane counties if voter turnout was less than 25% than after twenty days they could hold an extra day of voting. So, that might explain what the article meant when it talked about electors not been chosen.

[red dog 1]

6. Good link!...."so a state might be allowed to postpone an entire statewide vote for president

in emergency circumstances like a hurricane or other national disaster."

[LisaL]

7. Never done before so will likely end up in court if any state tries.

[Tx4obama]

9. Watch the video that is with the article on the link up in the OP. More details in the video. n/t

[LiberalFighter]

16. I don't think it is postpone but extend. Big difference.

[RomneyLies]

13. This nation does not postpone elections

We were engaged in a great Civil War in 1864, for God's sake, and the election still went on as scheduled!

What Sandy demonstrates is the value of early voting because ANYTHING can happen.

[LisaL]

15. There is no early voting in many of the states affected by Sandy.

[RomneyLies]

17. And those states have now seen the value of early voting n/t