General Discussion

whopis01

(3,920 posts)

42. It does not require a Constitutional Amendment.

Mon Apr 6, 2020, 02:53 PM

Apr 2020

All the Constitution says about the date of the election is:
"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."

By statute, specifically the Presidential Election Day Act, sets the date by which the states must appoint all electors as "the Tuesday after the first Monday in November".

So Congress can modify the election date without requiring a Constitutional Amendment. It would still take both houses to pass a bill changing the law, but would not require an amendment.

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HRC: "Let's be clear. Trump does not have the power to cancel / postpone the Nov election." [View all] Dennis Donovan Apr 2020 OP

Yet LakeArenal Apr 2020 #1

I would Rebl2 Apr 2020 #5

Not without a Constitutional Amendment passed by both crickets Apr 2020 #16

Whew. LakeArenal Apr 2020 #19

It does not require a Constitutional Amendment. whopis01 Apr 2020 #42

Thanks for the correction on that detail, however crickets Apr 2020 #48

I wasn't claiming that it would happen whopis01 Apr 2020 #71

no, hard stop obamanut2012 Apr 2020 #22

Although I bet he'll still try it. calimary Apr 2020 #44

Hopefully this will stop all these ridiculous OPs Jake Stern Apr 2020 #2

Hopefully SammyWinstonJack Apr 2020 #36

Of course that doesn't mean that he won't try something illegal anyway, but yeah. Thomas Hurt Apr 2020 #3

Bingo. not_the_one Apr 2020 #34

I second that bingo Sugarcoated Apr 2020 #40

Amen to you NTO DENVERPOPS Apr 2020 #47

Amen, DENVERPOPS. n/t TreadSoftly Apr 2020 #49

YEP Cosmocat Apr 2020 #69

K and R dewsgirl Apr 2020 #4

That's how the Constitution is supposed to work Bayard Apr 2020 #6

He has said DENVERPOPS Apr 2020 #63

and if he does, who will stop him? NewJeffCT Apr 2020 #7

The states, as clearly explained in the article. TwilightZone Apr 2020 #12

+1 crickets Apr 2020 #18

yes, because the 26 states with Republican governors NewJeffCT Apr 2020 #25

So republican governors will cancel elections so that there are fewer republican onenote Apr 2020 #51

the governors will issue executive orders NewJeffCT Apr 2020 #72

That's so silly it almost doesn't deserve a response. onenote Apr 2020 #73

What the article claims is true for the House and Senate elections. whopis01 Apr 2020 #46

K and R Thank You for posting.. Stuart G Apr 2020 #8

His term and that if Pence runs out Jan 20, 2021. So if there is no election before that he is yellowcanine Apr 2020 #9

That's what I thought, JenniferJuniper Apr 2020 #10

They file a lawsuit and the SCOTUS Bettie Apr 2020 #11

Please don't. That is not going to happen. crickets Apr 2020 #20

My problem is that I no longer trust any Bettie Apr 2020 #24

Understandable given the shitshow we are all having to endure right now. crickets Apr 2020 #29

Not for nothing Cosmocat Apr 2020 #70

In case you actually want facts: onenote Apr 2020 #52

Just wait a year or two DENVERPOPS Apr 2020 #67

Without Vote By Mail republicans will ***EFFECTIVELY*** call off 2020 election. We need intervention uponit7771 Apr 2020 #13

and even with VBM, the P.O. is running out of money. Qutzupalotl Apr 2020 #15

+1, that'll be another way to effectively cancel the election is the postal system wont work uponit7771 Apr 2020 #21

Yes! That was a very troubling news story. FailureToCommunicate Apr 2020 #43

How will they call off the 2020 election? Why would they want to? onenote Apr 2020 #53

effectively means they don't have to formally pronounce anything just make it 10 times ... uponit7771 Apr 2020 #57

And if states with Democrats in charge allow voting by mail, the Democrats win. onenote Apr 2020 #58

Hmmmmm uponit7771 Apr 2020 #64

Let me stress this. SlogginThroughIt Apr 2020 #14

Or laws, rules, the Constitution Bettie Apr 2020 #17

and yet they've lost nearly 50 percent of the SCOTUS cases in which they were a party onenote Apr 2020 #54

Yes, this. NONE of *the rules* have applied to ANYTHING for 3.5 years. BamaRefugee Apr 2020 #27

So why haven't they done all sorts of things? onenote Apr 2020 #55

Unfortunately, as the replies show, sarisataka Apr 2020 #23

There's lots of things that drumpf "can't do" but does illegally every day. lark Apr 2020 #26

And there are even more things he probably would like to do but doesn't onenote Apr 2020 #56

Attempt at answers below: lark Apr 2020 #61

not very compelling answers. And what about the 2018 elections onenote Apr 2020 #62

Compelling, pfft, just speculating about what I think could easily happen. lark Apr 2020 #68

Well not yet. Let's stop being so damn trusting. EllieBC Apr 2020 #28

I can't find it right now but a week or 2 ago, here on DU, there was a post about Susan Rice BamaRefugee Apr 2020 #30

Here's one post I found. Why would she post this if it's not a concern?? BamaRefugee Apr 2020 #31

I'm hardly surprised that Trump is ALREADY PROPOSING this fescuerescue Apr 2020 #32

Link to where he proposed cancelling the election? onenote Apr 2020 #59

It's not my post fescuerescue Apr 2020 #65

It's time for nationwide vote by mail or secure online voting IronLionZion Apr 2020 #33

Secure? Online? Russians? not_the_one Apr 2020 #35

They can do that anyway with voting machines and tabulators IronLionZion Apr 2020 #38

What happens if the USPS if forced to shut down this Summer SBoy Apr 2020 #37

It's all part of their plan IronLionZion Apr 2020 #41

So the plan is for every republican house member to be out of a job on January 3? onenote Apr 2020 #60

I wish IronLionZion Apr 2020 #66

My first thought is that he has done a lot of shit that I didn't think was legal Ferrets are Cool Apr 2020 #39

At noon on January 20, 2021, Trump's four year term would expire -- with or without an election. trueblue2007 Apr 2020 #45

Kick dalton99a Apr 2020 #50