Jonah Patel
The COVID-19 pandemic, the 9/11 terrorist attacks, and Hurricane Andrew have all sparked speculation about whether the US Constitution allows for a delayed presidential election. While the Constitution does not explicitly address this question, it does set a hard deadline for the end of a president's term on January 20 following a general election. The authority to delay elections rests with Congress and individual states, and while they can influence the timing of elections, they cannot postpone the selection of a president and vice president.
| Characteristics | Values |
|---|---|
| Can the US presidential election be delayed? | No, the US Constitution does not allow for the presidential election to be delayed. However, it can be postponed at the state level in case of an emergency. |
| Who can delay the election? | Only the states and Congress have the power to delay the election. The President does not have the authority to delay a federal election. |
| What happens if there is no President-elect? | Congress may declare who will act as President until one is elected. |
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What You'll Learn
Can the President delay a federal election?
The President does not have the authority to delay a federal election. In the United States, the Constitution empowers Congress to choose the timing of the general election. An 1845 federal law fixes the date as the first Tuesday after the first Monday in November.
In 2020, during the COVID-19 pandemic, there was speculation that the presidential election would be delayed. However, the Congressional Research Service (CRS) stated that neither the Constitution nor Congress provides any power to the President or other federal officials to change the election date outside of Congress's regular legislative process.
While the Executive Branch has significant delegated authority regarding some aspects of election law, this does not include the ability to set or change election times. To change the date of a federal election would require legislation enacted by Congress, signed by the President, and subject to challenge in the courts.
It is important to note that while a combination of state or congressional actions could delay elections, they cannot postpone the selection of a president and vice president. The Constitution mandates a hard deadline for the end of their terms on January 20 of the year following a general election.
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Can Congress delay a presidential election?
The US Constitution does not allow for the President or other federal officials to delay a presidential election. However, it does allow states and Congress to delay elections.
Article II of the US Constitution sets out that only Congress can decide to delay or postpone an election. In 2004, the Congressional Research Service (CRS) determined that Congress could, by statute, delegate some of its electoral process powers to the Executive Branch in emergency situations. However, the CRS also noted that Congress does not have the power to delay elections without a deadline, as the Constitution requires that members of the House of Representatives be chosen every second year and Senators every six years.
In the lead-up to the 2020 election, there was speculation that the COVID-19 pandemic could delay the election. However, it's important to note that any delay would not postpone the selection of a president and vice president. The Constitution requires that the president and vice president's terms end on January 20 of the year following a general election, and a group of electors, known as the Electoral College, chooses the next president.
While a state under its own laws could postpone the general election date that results in the selection of electors, it cannot unilaterally postpone the election indefinitely. At least 45 states have statutes that deal with election day emergencies.
To change the date of a federal election would require legislation enacted by Congress, signed by the president, and subject to challenge in the courts.
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Can the Executive Branch delay a presidential election?
The US Constitution does not allow the Executive Branch to delay a presidential election. The Executive Branch has no authority to delay, reschedule or change federal elections. This is true even in emergency situations, such as the COVID-19 pandemic or a terrorist attack.
The authority to delay an election rests with the states and Congress. State governments can change the dates of their presidential primaries or other state primaries. In some states, such as Florida, the governor has the power to suspend or delay an election by issuing an executive order declaring a state of emergency. However, a new election must then be held within 10 days or as soon as possible.
Congress, on the other hand, can change the date of a federal election by passing an amendment and getting the president's signature. Congress can also delegate the power to change election dates to the Executive Branch in emergency situations. However, Congress cannot delay elections indefinitely, as the Constitution requires that members of the House of Representatives be chosen every second year and that Senators be chosen for terms of six years.
The Constitution's 20th Amendment requires that the president and vice president's terms end on January 20 at noon in the year following a general election. This is the only hard deadline in the Constitution regarding election timing. The Electoral College, a group of electors chosen by voters, then casts their votes for the president on the "first Monday after the second Wednesday in December."
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Can state governors delay a presidential election?
The US Constitution does not allow the President or other federal officials to delay a presidential election. However, it does allow states and Congress to delay the election process.
In 2020, during the COVID-19 pandemic, President Trump suggested delaying the election, to which governors from both parties swiftly denounced his suggestion, stating that the election will take place on November 3 as required by law.
While the Constitution does not allow the President to delay a presidential election, it does empower Congress to choose the timing of the general election. An 1845 federal law fixed the date as the first Tuesday after the first Monday in November. To change that date would require legislation enacted by Congress, signed by the President, and subject to challenge in the courts.
In addition, the Constitution's 20th Amendment requires the President and Vice President to end their terms of office on January 20 at noon in the year following the general election. This deadline applies regardless of term limits.
Therefore, while state governors can postpone an election during emergencies under their state laws, they cannot delay a presidential election indefinitely, as it would still need to take place before the end of the President's term on January 20.
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Has a US election ever been delayed before?
In the 244-year history of US presidential elections, the vote has never been delayed, not even during the Spanish Flu outbreak of 1918, the American Civil War (1861–1865), or World War II.
In 2020, President Donald Trump suggested delaying the election due to the Covid-19 pandemic, but he does not have the authority to do so. The date of a federal election can only be changed through legislation enacted by Congress, signed by the president, and subject to legal challenges.
While local elections have been postponed in the past, such as the 2001 New York City mayoral primaries following the 9/11 attacks, a presidential election delay is highly unlikely under any scenario. However, it is not entirely impossible, as Congress has the power to delay elections without a deadline.
The Constitution's 20th Amendment requires the president and vice president to end their terms on January 20 at noon in the year following a general election. This hard deadline cannot be extended, even in the event of a national emergency, without the ratification of a new constitutional amendment.
In summary, while there has never been a delayed US presidential election, the possibility exists through a combination of state and congressional actions, but only within certain constitutional limits.
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Frequently asked questions
In the case of the US, the Constitution does not allow the President or other federal officials to delay a federal election. However, a combination of state or congressional actions could delay elections but not postpone the selection of a president and vice president.
The Constitution's 20th Amendment requires the President and Vice President to end their terms on January 20 at noon in the year following a general election.
Congress can delay a presidential election by passing federal legislation. However, they cannot delay it indefinitely as the Constitution requires that Members of the House of Representatives be chosen every second year and Senators every six years.
