In the half - decade since he descended from Trump Tower ’s escalator into every American ’s learning ability , almost nothing has been able to dislodge Trump from the centre of the public imagery . Technically , the coronavirus has n’t either , as the final result of this nightmare in large part depends — has already calculate — on his response to it . This reaction will play a definite part in his bid for a 2nd condition , but could it also prolong his first ? Put otherwise : If the lockdown somehow stretch through November , could the election be suspend ? Are protocol in place for a office like this ? For this week’sGiz Asks , we reached out to a number of expert for their public opinion .
Amy Dacey
Executive Director of the Sine Institute of Policy & Politics at American University
The bottom line is that national election are governed by a Union statute , which is in the U.S. Code . That ’s Union police force : It ’s part of the constitution . The chairperson of the United States ca n’t change a federal law make by Congress . The law specifically sets the election for the Tuesday after the first Monday in November in every even year . To interchange that escort , Congress would have to change the federal legislative act , which is potential , but not probable .
And there are other factor forbid a delayed election . For one thing , it is built into federal jurisprudence that the President of the United States and frailty prexy ca n’t stay in office beyond a four - year term unless they ’re re - elected . So you could n’t delay things for six calendar month .
Illustration: Elena Scotti (Photos: Getty Images)
Then there ’s the fact that , to delay the election , you ’d have to rewrite two parts of the legal philosophy — the codification that set the date for the general election , and the another part , US Code 7 , which sets the timeline for electors to vote in the electoral college . That happens the first Monday after the 2d Wednesday in December — December 14 , this year . This is why states ca n’t severally make changes , because they have to meet this Electoral College banner . If you delayed it by a couple of months , you would have to rewrite the constitution .
Now , we live in a new norm , and condom has to amount first . The bigger doubt might be not moving the election but deal out it . That means vote - by - mail , and no - exculpation absenteeism . properly now , there are 13 land where you need an excuse to vote by absentee . How do you open up up access to vote - by - mail service in these states ? That ’s something that people are rushing to count on out . And it ’s not just access — you also have to administer it . You need to get the newspaper quick , you require to get the proper notifications in place . elect official have a peck on their home base .
Rebecca Green
Professor of Law , Co - Director of the Election Law Program , and Assistant Director of the Center for Legal and Court Technology at the College of William & Mary
The Constitution dedicate Congress undivided exponent to fix the particular date of the U.S. presidential election . The postponements we ’ve see in master election mesh according to a separate set of state prescript regularize the primary cognitive process . This rural area has a long chronicle of holding fast to its November general election engagement , despite war and other tragedy that might have impacted its timing . The world should gestate and prepare to vote for President of the United States in November accord to election rule dress in their state .
know this far in advance that covid-19 could touch on the November election , we have the precious natural endowment of time to train . Three core principle should guide preparation for November ’s election . First , any variety to DoS balloting procedures should be made as presently as possible ; changing rule faithful to election confuses voters and election workers . Second , the more transparency at all levels of the physical process the well ; transparency is a primal element of public self-assurance in election result . And third , the American public should forestall that a potential increase in absentee voting may stay a authoritative termination ; the medium has an important role to flirt in resetting public arithmetic mean of finality on election Nox .
Americans should do their part to see a smooth election cognitive operation in November : ( 1 ) be sure your state ’s section of elections has your most up - to - engagement contact info and that your voter information is accurate , ( 2 ) help inscribe high school and college - long time pate worker in your state , ( 3 ) keep abreast of any change to balloting rules in your state and what your options are to cast your balloting ; and ( 4 ) be argus-eyed about how and where you receive entropy about the election — misinformation is the enemy of liberal and fair elections .
Alan Hirsch
Lecturer in Humanities and Chair of Justice and Law Studies at Williams College and the author ofA Short History of Presidential Election Crises ( and How to Prevent the Next One
Yes , because if we ca n’t conduct an election , we ca n’t conduct an election . But the Constitution say nothing about this — indeed , it says virtually nothing about election presidential term , period of time . Elections are mostly left to the land — even presidential elections . The states essentially direct 50 separate elections ( actually 51 , admit the District of Columbia ) , with the results aggregated . It is easy to imagine a situation in which some states are unable to deport the election while others insist on doing so . For this and other reasons , the Electoral College invites chaos . On several occasions ( 1800 , 1824 , 1876 , and 2000 ) , chronicle has accepted the invitation .
The scourge of a suspended election is a subset of a much larger problem : We have no reliable means of dealing with what my record hollo “ crisis election . ” Many things can go wrong , such as a terrorist attack that disables vote machinery or cyberpunk switching votes from one candidate to another . Even under normal circumstances ( meaning no outside encumbrance or calamitous event ) , the 2000 presidential election produced a sustain crisis . We went several weeks without knowing who would be president . The resolution of that crisis created a crisis of genuineness : Is it acceptable for a partisan Supreme Court to determine the presidency ?
Long before coronavirus caused the cancellation of primaries and raised the phantasma of a compromise presidential election , I and others have predict for creation of a tri - partisan commission ( Democrats , Republicans , and people affiliate with neither major political party ) to answer presidential election difference of opinion . Such a physical structure must be give broad ability , including government agency to put over the election or call for a re - vote in the event of a failed election . The spectacle of the bungled Iowa Democratic caucus , and now coronavirus , makes the penury for such a consistency more apparent than ever .
Daniel Birdsong
Lecturer & Experiential Learning Coordinator , Political Science , University of Dayton
First , it ’s authoritative to remember that states run election , not the federal government . So , there ’s no one - sizing fits all choice .
Second : I do not recollect the general election would be suspended if the coronavirus were still an dynamic menace in November . decent now , states have clip on their side . There are several month between now and Election Day and that gives states the time to aline how they will conduct their election . Most—47 of 50 — already have some policies in place for emergencies .
Between now and Election Day , there may be a push for extra early balloting option ( like a longer window for early vote ) , as well as for no - fault absentee vote , like Ohio and other states have adopted . In addition some may push for all mail voting like Colorado , Oregon , and Washington state have .
Joshua A. Douglas
Professor , Law , University of Kentucky College of Law , who teaches and explore election police force and voting right wing , civil procedure , inbuilt practice of law , and judicial conclusion progress to
President Trump could not postpone the U.S. presidential election in November . Only Congress has the power to set the date of the election . Article II , department 1 says that Congress shall “ determine the time ” of choosing electors , “ which daylight shall be the same throughout the United States . ” Since 1845 , Congress has set that date as the “ Tuesday next after the first Monday in November ” every four years .
Congress , of trend , could drill its authority and commute the election day of the month . But that would be genuinely unprecedented . In addition , there are various statute and rule regarding when electors must meet in each state ( Dec. 14 ) , and when Congress counts the electoral college votes ( Jan. 6 ) . Ultimately , under the Constitution , Trump ’s first term ends at twelve noon on January 20 , 2021 .
Stephen Ansolabehere
Professor , Government , Harvard University
It is highly unlikely that the presidential election would be canceled on account of coronavirus . More belike , states would apply all - mail balloting , as is currently in place in Colorado , Oregon , and Washington . In fact , many states are actively consider this choice right now .
Some vantage . ( 1 ) We know how to do this . Every country uses absentee balloting . In fact , in many states absentee balloting is more common than voting in polling places . And there are best practices and routine from states that have already take up Vote By Mail for their integral election unconscious process . ( 2 ) It might result in cost savings and less break . Setting up and maintain polling places takes considerable effort and some price . Polling places are typically in school and public buildings , so vote by postal service might be less turbulent . ( 3 ) In less prominent elections ( off - oscillation elections ) , turnout is much higher .
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