Amid Trump suggestion to postpone election, House resolution would express support for the current November 3 date
Should the election be delayed until it can be conducted largely in-person safely?
Context
In July, President Trump suggested the possibility that the November election could be postponed.
“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???” Trump tweeted.
In a rare condemnation from his own party, both the House’s and Senate’s top Republican opposed Trump’s suggestion. “We should go forward with our election,” Rep. Kevin McCarthy (R-CA23) said at a press conference.
“Never in the history of the country, through wars and depressions and the Civil War, have we ever not had a federally scheduled election on time, and we’ll find a way to do that again this November 3,” Sen. Mitch McConnell (R-KY) told Kentucky television station WNKY.
Would that even be legal?
Legally, could the presidential election even be postponed? Technically yes, though Trump (or any president) couldn’t do so unilaterally.
The election date for members of Congress is spelled out in statute: “The Tuesday next after the first Monday in November,” which this year is November 3. The same date is specified in statute for the appointment of electors for president and vice president, but that’s not technically the same thing as the actual popular election for those two offices. Rather, the popular election of the president and vice president on the same day as Congress is a longstanding norm, but not actually a law.
So what is the law? By law, the 538 electors of the Electoral College cast their official votes “on the first Monday after the second Wednesday in December,” which this year is December 14. Only Congress could change that date, not the president.
The Constitution itself states that the president’s and vice president’s terms end on January 20. So if the election was somehow delayed past that date, the president’s and vice president’s terms both expire then, leaving both positions vacant and promoting the Speaker of the House to the presidency. Considering that the current officeholder is Speaker Nancy Pelosi and considering their mutual antipathy, it wouldn’t be in Trump’s interest to call for the election’s postponement past January 20.
What the resolution does
A House resolution would express support for the November 3, 2020 election date.
This resolution would “[express] the sense of Congress,” but not require this year’s presidential election take place on November 3 by law. GovTrack Insider is unaware of any such legislation that would mandate that date, although Congress has the power to change the election date.
The 2020 election has already begun, with several thousand voters in Illinois, North Carolina, and South Carolina having already voted early. Trying to change the date of the election now would likely cause chaos.
It was introduced in the House on July 31 as resolution number H.Res. 1076, by Rep. Raja Krishnamoorthi (D-IL8).
What supporters say
Supporters argue that American elections haven’t been delayed even in previous times of crisis, not even during the Spanish flu pandemic or Civil War.
“Presidential elections have been held on this date, the first Tuesday after the first Monday in November, during economic depressions, world war, and civil unrest,” Rep. Krishnamoorthi said in a press release. “Never in the 43 elections since 1845 has the date been moved.”
“Both Republicans and Democrats must put partisan politics aside to protect the health of our democratic institutions. Even in times of unrest, particularly in uncertain times, it is critical that democracy move forward,” Rep. Krishnamoorthi continued. “When individuals in positions of power seek to undermine public faith in the democratic process, it is imperative that Congress protects our democratic institutions, and safeguards against abuses of power.”
What opponents say
Opponents, such as President Trump, counter the election might have to be postponed until it’s safer to vote primarily in person. In a press conference later the same day as his tweet, Trump backtracked somewhat on his postponement claim, while continuing to raise concerns that the election would be fraudulent if conducted largely by mail.
“And, no, do I want to see a date change? No. But I don’t want to see a crooked election. This election will be the most rigged election in history,” Trump said without evidence. (Indeed, Trump claimed throughout 2016 that that year’s election would be rigged against him, even though he won.)
Trump also appealed to tradition. “We want to have an election where people actually go in and — ‘What’s your name?’ ‘My name is so-and-so.’ Boom, you sign the book, like I’ve been doing for years.”
The nonpartisan fact checking source Snopes answered the question “Do Mail-In Ballots Increase Risk of Voter Fraud?” as “mostly false.” The Washington Post fact checker rated a similar claim with four “Pinocchios,” their rating for the most egregious claims.
Odds of passage
The resolution has attracted 68 cosponsors, all Democrats. It awaits a potential vote in the House Administration Committee. While it’s possible the committee could act before the election, the full House is out until November 16, well after the election and so the odds of passage are extremely low. (This is a simple resolution and does not require Senate action.)
This article was written by GovTrack Insider staff writer Jesse Rifkin.
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