Can the 2020 US Presidential Election Be Delayed?

The question of whether the 2020 US presidential election can be delayed has garnered significant attention, particularly with the rhetoric surrounding a potential extension from former President Donald Trump. However, the legal framework firmly rejects such a scenario.

Legal and Constitutional Stance

Under US law, the president does not possess the authority to delay a presidential election. This limitation extends beyond just legal restraints; it also includes potential abuses of power. For example, if the president were to attempt a delay, he could do so only if he assumed a despotic role, which would be a serious breach of constitutional norms.

Emergency Situations and National Calamities

The idea that an election can be postponed due to national emergencies also faces significant obstacles. Historically, such emergencies have led to temporary delays in elections. For instance, during World War II, some states postponed primary elections. However, the Federal Election Commission noted that these delays were rare and often confined to states that faced unique challenges.

According to the Indian Constitution, if a national emergency is declared, the election for the President can be postponed for up to six months. Similarly, during national calamities, the election of the President can be deferred. However, the Indian model comes with its own set of conditions and legal frameworks, which may not apply to the United States.

Detailed Legal Analysis

The Electoral Process in the US is highly structured and dates back to the 19th century. The date of the election is set by Congress in 1845 as the Tuesday following the first Monday in November. This means that the election must take place within the seven-day window from November 2 to November 8. Any change to this date, including a delay, would require an act of Congress or a court order.

Each aspect of the election, including the Electoral College meeting and the vote count, is codified by federal and state laws. These laws would need to be amended for any delay to take place. For example, if a delay were to occur, the Constitution stipulates that Joe Biden’s term would end at noon on January 20th. If he had not been reelected, the Speaker of the House would become the Acting President. Similarly, the Senate would play a key role, with the Senate President Pro Tem potentially becoming the Acting President in the absence of a Speaker.

Conclusion

Given the well-defined legal and constitutional framework, the 2020 US presidential election cannot be delayed. Any attempts to do so would face significant constitutional and legal hurdles. The structure of the US election system ensures that the process is robust and reliable, regardless of external pressures or executive actions.