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Is U.S. President Donald Trump empowered to delay the election?

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U.S. President Donald Trump on Thursday triggered a brand new controversy by suggesting that the November elections be delayed because of the COVID-19 pandemic.

“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???” the President tweeted.

Though rumours had been doing the rounds for a while, this was the primary time Mr. Trump advised that the elections ought to be postponed. Does he have the powers to take action?

He doesn’t. According to the U.S. Constitution, it’s Congress, not the President, that decides the timing of the elections. A federal legislation accredited on January 25, 1845 has unambiguously set the election timing. “That the electors of President and Vice President shall be appointed in each State on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed,” states the legislation, referring to the collection of the Electoral College. This falls on November Three this yr. It could be modified solely by passing a brand new legislation, which wants the approval of each the House of Representatives and the Senate, and can be topic to authorized challenges.

U.S. President Donald Trump

U.S. President Donald Trump
 
| Photo Credit:
AP

 

The House is now managed by the Democratic Party and the Senate by the Republicans. Senior leaders of each events have dismissed the President’s suggestion to postpone the election. Mitch McConnell, the highest-ranking official within the Senate and a Trump ally, has stated, “We’ll cope with whatever the situation is and have the election on November 3 as already scheduled.”

What if elections are delayed?

While the potential for suspending the elections could be very, very low, even when lawmakers agree to alter the date, within the occasion of an even bigger disaster, Mr. Trump can’t proceed within the White House past his stipulated time period. President Trump’s first time period is about to run out at midday on January 20, 2021.

The 20th Amendment of the U.S. Constitution, adopted on January 23, 1933, moved the start and ending of the phrases of the President and the Vice-President from March four to January 20. These dates can’t be modified. Ordinarily, if the presidency is vacant, the Vice-President assumes cost. But right here, the phrases of each President Trump and Vice-President Mike Pence would expire on January 20. The House Speaker is the subsequent within the line of succession. But there’s a drawback. The two-year time period of the Current House expires on January 3, 2021. This date has additionally been mounted by the 20th Amendment. So, Speaker Nancy Pelosi, the highest-ranking official within the House, can not assume the presidency.

If the House Speaker can be not obtainable, the subsequent within the line is the president professional tempore (professional tem) of the Senate. President professional tem is the second highest-ranking official within the Senate, although it’s largely a ceremonial place. According to Article 1, Section Three of the Constitution, the Vice-President is the president of the Senate, and the Senate ought to select a president professional tem to behave within the absence of the Vice-President. Currently, senior Republican Chuck Grassley is the president professional tem. But maintain on. If elections are usually not held in November (through which 23 Republican Senate seats and 12 Democrat seats are up for grabs), the present equation of the Senate would change. The Democrats would have a majority if 23 Republican seats go vacant they usually might elect a brand new president professional tem.

Is voting by mail fraudulent?

A file photo a woman wearing dropping off a mail-in ballot at a drop box in Hackensack, N.J.

A file photograph a girl carrying dropping off a mail-in poll at a drop field in Hackensack, N.J.
 
| Photo Credit:
AP

 

If elections are held in November, a document variety of Americans are anticipated to vote by mail because of the coronavirus disaster. Most States have stated that registered voters should request for a poll within the mail or solid their votes in individual. Voters can select their candidates and ship the ballots again by mail or deposit them at drop-off websites. Those who should not have mounted addresses can both vote in individual or contact their native election officers.

Independent researchers have debunked the voter fraud theories. States can undertake completely different measures to guard the ballots reminiscent of barcodes to trace the ballots (the voter may also monitor his or her poll) and conduct post-election audits. Studies have additionally identified that in States like Washington, which vote virtually totally by mail, no main frauds had been reported prior to now. President Trump has not supplied any proof to his claims that voting by mail is fraudulent both.

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