Posted by 30 July 2020
President Trump has consistently been expressing his view that lack of in-person voting will reduce the integrity of this year's election. This morning, he suggested a way to deal with these fears: delaying the election.
In a tweet, he wrote:
With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history. It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???
For presidential electors, the Constitution states: "The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States." The Constitution also gives Congress the power to set election procedures for members of the House of Representatives and the Senate. During the early history of the republic, there was no uniform Election Day. But by 1854, Congress stepped in and fixed the first Tuesday after the first Monday in November as the day when voters choose presidential electors and members of the House and Senate.
While the Constitution does not mandate any specific day for Election Day, it does mandate that presidents must be inaugurated on January 20. Any election would have to be conducted prior to then, giving enough time for presidential electors to meet, cast their votes, then have those votes counted by Congress. Current law requires that electoral votes be counted during a joint session of Congress during the first week of January.
While President Trump may be open to the idea of delaying the election, he has no power to do this unilaterally. Only Congress can pass a law to set Election Day, and obtaining enough votes to do so is unlikely. In the event Congress did, any delay could not be for a significant period of time, since the new president must take office on January 20.
Do you think that this year's elections should be delayed?