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Election Delay Remains Unlikely Despite Trump Tweet

US

Significant focus in the media on President Trump's tweet from around 40 mins ago.

  • "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???"
  • Should be noted that it is not up to the president to delay the presidential election. Federal law determines that electors to the electoral college (which in turn elects the president) must be elected on "the first Tuesday after the first Monday in November," and all states must hold the election on the same day.
  • The Constitution also determines the term length of a president, with Trump's current term ending at noon on 20 January 2021. Should that time arrive without an election being held, Trump would be removed from office. The Constitution is not wholly clear on who would take over in this scenario. The House would not sitting at that point as all representatives would be up for election. The only legislators still sitting would be the 2/3 of senators not up for election. The longest-sitting member from the party with a majority at that point would be well placed to take over.
  • 45 of the 50 states have provisions to deal with election day emergencies, with some powers delegated to the governor.
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