General Discussion
In reply to the discussion: The Date for Presidential Elections is Set by Federal Law. [View all]unblock
(56,256 posts)your points are correct, donnie himself can't delay, and the house won't agree to a delay:
from article ii, section 1:
"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."
however, there are ways the states can mess around because:
also from article ii, section 1:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, ...."
this means that, despite the long historical tradition in each state to hold an election to choose the presidential electors, it's not actually a constitutional requirement. a state with a red legislature and a red governor that appears to be going biden's way could, at least in theory, pass a law canceling the presidential election entirely and saying that the governor shall appoint the electors, or a commission consisting only of republicans, or whatever. it likely wouldn't be very unpopular politically, but if they think donnie will be dictator and able to protect them, they could conceivably go for it.
more mundane ways states could screw with the election are by having a red secretary of state refuse to certify the election, and/or by state lawsuits over counting and recounting the votes. this is, of course, how we ended up with shrub despite gore winning the 2000 election by any reasonable accounting.
we do have to be prepared for this kind of crap. i hope biden has a huge staff of lawyers who are experts in election law and understand how to counter such shenanigans....