Delayed Election - the threat has begun

Eunoli

SLU Cassandra
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
939
SL Rez
2002
Remember when I said that the first step would be for him to try to delay the election and y'all said that couldn't happen? It's on. This needs its own thread because it may turn into discussion of specific protests and actions we can take to fight back while we still can.

 

Innula Zenovka

Nasty Brit
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
9,394
SLU Posts
18459
The two major obstacles to delaying an election are, as I understand it, that the presidential election must, as a matter of law, take place on November 3rd, and only Congress can change that, and that, even if Nancy Pelosi and the House Democrats were to agree to this, no one can change the fact that the new President will be sworn in on Jan 20, which doesn't leave much room for delay.

 

Noodles

Queen of Ramen
Joined
Sep 20, 2018
Messages
815
Location
Illinois
SL Rez
2006
Joined SLU
04-28-2010
SLU Posts
6947
I believe only Congress has the power to delay an election.

I also wanna say I saw that the Speaker of the House becomes President, even temporarily, if there is no election due to delays, in Jan.
 

Eunoli

SLU Cassandra
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
939
SL Rez
2002
The two major obstacles to delaying an election are, as I understand it, that the presidential election must, as a matter of law, take place on November 3rd, and only Congress can change that, and that, even if Nancy Pelosi and the House Democrats were to agree to this, no one can change the fact that the new President will be sworn in on Jan 20, which doesn't leave much room for delay.

This is theoretically true. But, under martial law and with a congress that can't/won't stop it - nothing is really off the table. Causing chaos in American cities is the start (he's doing that now). Letting the virus run roughshod to make people fear going out to protest is helping (he's doing that). Making the post office stop functioning properly to make it difficult to vote/cause millions of those relying on it for medications/checks/deliveries during pandemic is another step. Its going to get worse. They will do everything they can to cause suffering and chaos so we aren't able to respond when he tries this. He's trod all over the Constitution on multiple occasions, already. It won't stop him. This is Putin's playbook, if anything.
 
  • 1Agree
Reactions: Archer

Eunoli

SLU Cassandra
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
939
SL Rez
2002
I believe only Congress has the power to delay an election.

I also wanna say I saw that the Speaker of the House becomes President, even temporarily, if there is no election due to delays, in Jan.
It wouldn't be Pelosi. It would be the ranking member of the Senate not up for reelection, as the House would have been dissolved.
 

Free

Antifa-tigued
VVO Supporter 🍦🎈👾❤
Joined
Sep 22, 2018
Messages
14,634
Location
Four Seasons Total Landscaping
SL Rez
2008
Joined SLU
2009
SLU Posts
55565
I believe only Congress has the power to delay an election.
Correct.

I also wanna say I saw that the Speaker of the House becomes President, even temporarily, if there is no election due to delays, in Jan.
If no elections are held, or are delayed to the extreme, the Speaker of the House would succeed the previous president on January 20, noonish.

EDIT:
It wouldn't be Pelosi. It would be the ranking member of the Senate not up for reelection, as the House would have been dissolved.
Oops. Yeah, that's right...
 

Sid

Coffee lover.
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
3,882
Location
Limburg, NL
SL Rez
2007
Joined SLU
Yes
I think when some of his handlers have explained to him that he will no longer be president after Jan 20, he will no longer persue that option of postponing the elections.
 

Innula Zenovka

Nasty Brit
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
9,394
SLU Posts
18459
This is theoretically true. But, under martial law and with a congress that can't/won't stop it - nothing is really off the table. Causing chaos in American cities is the start (he's doing that now). Letting the virus run roughshod to make people fear going out to protest is helping (he's doing that). Making the post office stop functioning properly to make it difficult to vote/cause millions of those relying on it for medications/checks/deliveries during pandemic is another step. Its going to get worse. They will do everything they can to cause suffering and chaos so we aren't able to respond when he tries this. He's trod all over the Constitution on multiple occasions, already. It won't stop him. This is Putin's playbook, if anything.
What legal authority, either constitutional or statutory, does the US President have to postpone a presidential election? Trump has to act under colour of law, and William Barr's job is to provide that for him.

Upon what authority might Barr rely to justify the decision to postpone an election without the consent of Congress, and how would it be enforced?

ETA: After reading this, I don't see that he can -- how and when elections are arranged are the responsibility of Congress and the individual states. The President doesn't feature in it:

 
Last edited:

Eunoli

SLU Cassandra
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
939
SL Rez
2002
What legal authority, either constitutional or statutory, does the US President have to postpone a presidential election? Trump has to act under colour of law, and William Barr's job is to provide that for him.
He's been eroding the rule of law since he came into office - and its accelerated recently. Every person on this forum would have said the US would never have secret police a month ago. Barr backs him up and refused to say if he'd support an election delay in his testimony before Congress the other day.
 

Beebo Brink

Climate Apocalypse Alarmist
Joined
Sep 20, 2018
Messages
2,936
SL Rez
2006
My faith in our country's commitment to the rule of law is rather shaky these days. It's not enough to talk about the law, we also have to enforce it, and so far Congress has been useless because the GOP isn't willing to enforce the rule of law when it runs counter to their partisan interests.
 

Innula Zenovka

Nasty Brit
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
9,394
SLU Posts
18459
Who says?
Trump could sign an executive order declaring that Deutsche Bank should extend the period the various interest-only mortgages secured on various of his properties that fall due over the next few years, but he would have no way to enforce it unless Barr could find some lawful authority to compel the bank to comply.

Similarly, he can declare the elections should not take place, but how can he stop them from happening? They're organised by the states, not the federal government, and -- at least as I understand it -- the states are under a statutory obligation to hold the presidential elections on November 3 as directed by Congress.

Some Republican governors and legislatures might well be minded to comply with his wishes, but they'd still be bound by federal and state law.
 

Eunoli

SLU Cassandra
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
939
SL Rez
2002
Similarly, he can declare the elections should not take place, but how can he stop them from happening? They're organised by the states, not the federal government, and -- at least as I understand it -- the states are under a statutory obligation to hold the presidential elections as directed by Congress.
Thus the placement of "federal officers" who may in fact be mercenaries in large American cities.
 

Aribeth Zelin

Faeryfox
Joined
Sep 23, 2018
Messages
1,902
SL Rez
2004
Joined SLU
03-11-2011
SLU Posts
9410
My faith in our country's commitment to the rule of law is rather shaky these days. It's not enough to talk about the law, we also have to enforce it, and so far Congress has been useless because the GOP isn't willing to enforce the rule of law when it runs counter to their partisan interests.
However, and here's the thing... it is so not in their best interest to NOT have an election because the GOP, if no election happens, loses the Senate entirely.

They have more seats up for grabs, including MoscowMitch...

They would be handing over power to the 'enemy' and I don't think they'll go that far.

And legally, there isn't anything they can do about it, it's going to be a real mess.
 

Innula Zenovka

Nasty Brit
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
9,394
SLU Posts
18459
Thus the placement of "federal officers" who may in fact be mercenaries in large American cities.
Yes, but how do they stop the states from holding the elections that they are legally required to hold?

I understand the colour of law under which they're being deployed to various US cities but that doesn't extend to preventing the states from fulfilling their obligations under federal and state laws to hold elections on particular dates.
 
  • 1Agree
Reactions: Cindy Claveau

Eunoli

SLU Cassandra
VVO Supporter 🍦🎈👾❤
Joined
Sep 20, 2018
Messages
939
SL Rez
2002
Yes, but how do they stop the states from holding the elections that they are legally required to hold?

I understand the colour of law under which they're being deployed to various US cities but that doesn't extend to preventing the states from fulfilling their obligations under federal and state laws to hold elections on particular dates.
Is a 50% suppressed election where only half the states vote really an election? Such an election would surely re-elect Trump. Its a lose/lose situation all the way around.

That said, I think that martial law with men with guns on the streets can stop an election.
 

Beebo Brink

Climate Apocalypse Alarmist
Joined
Sep 20, 2018
Messages
2,936
SL Rez
2006
Yes, but how do they stop the states from holding the elections that they are legally required to hold?
We have red states ignoring the best advice on how prevent the spread of a virus that is killing thousands of Americans. They are perfectly capable of closing down their elections in support of Trump.
 

Dakota Tebaldi

Well-known member
VVO Supporter 🍦🎈👾❤
Joined
Sep 19, 2018
Messages
4,582
Location
Gulf Coast, USA
Joined SLU
02-22-2008
SLU Posts
16791
A lot of recent...proposals...have been wild out of left field and sending people scrambling to find out what legally would happen if so-and-so did this or refused to do that. But, luckily, on this particular threat, the Constitution directly addresses what happens if the election is delayed. Score one for the dudes in wigs.