Pimpernal
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Post by Pimpernal on Jul 26, 2020 7:54:13 GMT
It's probably already been discussed, but could the US Presidential Election be delayed due to Covid fears?
Is it legally possible?
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Richard Allen
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Post by Richard Allen on Jul 26, 2020 8:01:35 GMT
It's probably already been discussed, but could the US Presidential Election be delayed due to Covid fears? Is it legally possible? It would require an Act of Congress and the chances of Pelosi allowing such a bill to even get a vote in the House are practically non-existent. In any event even if the election was delayed Trump's term in office would expire at Midday 20th January 2021.
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CatholicLeft
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Post by CatholicLeft on Jul 26, 2020 8:22:28 GMT
It's probably already been discussed, but could the US Presidential Election be delayed due to Covid fears? Is it legally possible? It would require an Act of Congress and the chances of Pelosi allowing such a bill to even get a vote in the House are practically non-existent. In any event even if the election was delayed Trump's term in office would expire at Midday 20th January 2021. At which point, sans elections (if presidential, so House of Reps), President Chuck Grassley temporarily steps in.
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Pimpernal
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Post by Pimpernal on Jul 26, 2020 8:25:13 GMT
Thanks Richard and CL
Are certain Trump supporters more likely to be gung-ho about voting under Covid conditions than some Democrats - especially if there's a second wave I wonder?
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timmullen1
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Post by timmullen1 on Jul 26, 2020 8:25:43 GMT
It would require an Act of Congress and the chances of Pelosi allowing such a bill to even get a vote in the House are practically non-existent. In any event even if the election was delayed Trump's term in office would expire at Midday 20th January 2021. At which point, sans elections (if presidential, so House of Reps), President Chuck Grassley temporarily steps in. Only if you’d cancelled the Congressional elections at the same; if they’ve gone ahead then Pelosi becomes President, and if the Democrats had won the Senate, Patrick Leahy would supersede Grassley.
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CatholicLeft
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Post by CatholicLeft on Jul 26, 2020 8:26:52 GMT
At which point, sans elections (if presidential, so House of Reps), President Chuck Grassley temporarily steps in. Only if you’d cancelled the Congressional elections at the same; if they’ve gone ahead then Pelosi becomes President, and if the Democrats had won the Senate, Patrick Leahy would supersede Grassley. I had intended all, as I tired to intimate.
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timmullen1
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Post by timmullen1 on Jul 26, 2020 8:28:22 GMT
Only if you’d cancelled the Congressional elections at the same; if they’ve gone ahead then Pelosi becomes President, and if the Democrats had won the Senate, Patrick Leahy would supersede Grassley. I had intended all, as I tired to intimate. Sorry, didn’t read your answer properly. I’ll sin bin myself.
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timmullen1
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Post by timmullen1 on Jul 26, 2020 8:32:41 GMT
Thanks Richard and CL Are certain Trump supporters more likely to be gung-ho about voting under Covid conditions than some Democrats - especially if there's a second wave I wonder? Yes, polling suggests that Republicans are more willing to vote in person than Democrats, but that at the moment is being counterbalanced by most States, including some Republican led, expanding vote by mail. Some of those efforts are being challenged in court however, and the Roberts SCOTUS has so far been 100% opposed to changing the voting arrangements for a State.
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Richard Allen
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Post by Richard Allen on Jul 26, 2020 8:38:03 GMT
If the congressional elections are postponed as well there would be a flurry of lawsuits. First Pelosi would claim that she remains Speaker after 3rd January. While she would no longer be a member of the House that isn't a requirement to be Speaker and she would claim that she retains the Speakership until a newly elected House decides otherwise. Meanwhile there would be legislation and lawsuits in several states to clarify and/or amend the power of Governors to fill Senate vacancies. How that pans out would decide if Grassley or Leahy is President Pro Tem of the Senate.
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The Bishop
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Post by The Bishop on Jul 26, 2020 9:19:26 GMT
Only if you’d cancelled the Congressional elections at the same; if they’ve gone ahead then Pelosi becomes President, and if the Democrats had won the Senate, Patrick Leahy would supersede Grassley. I had intended all, as I tired to intimate. Is that why you didn't succeed?
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CatholicLeft
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Post by CatholicLeft on Jul 26, 2020 9:57:57 GMT
If the congressional elections are postponed as well there would be a flurry of lawsuits. First Pelosi would claim that she remains Speaker after 3rd January. While she would no longer be a member of the House that isn't a requirement to be Speaker and she would claim that she retains the Speakership until a newly elected House decides otherwise. Meanwhile there would be legislation and lawsuits in several states to clarify and/or amend the power of Governors to fill Senate vacancies. How that pans out would decide if Grassley or Leahy is President Pro Tem of the Senate. You see, this is the kind of debate I love.
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Post by minionofmidas on Jul 26, 2020 12:05:05 GMT
I had intended all, as I tired to intimate. Sorry, didn’t read your answer properly. I’ll sin bin myself. cancelling only the presidential election while going along with a general election would be quite bizarre...
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timmullen1
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Post by timmullen1 on Jul 26, 2020 12:17:04 GMT
Sorry, didn’t read your answer properly. I’ll sin bin myself. cancelling only the presidential election while going along with a general election would be quite bizarre... Yes, however the original question was about Trump cancelling the election, which even if legally possible would be even harder to apply to anything but the Presidential election as he has little or no remit over Congressional or State elections under the Separation of Powers Clause. Also the assumption is that he if he were to attempt to cancel the Presidential election it would be to stop himself losing, not out of any sudden concern over the welfare of his fellow citizens, so could shrug his shoulders and be monumentally disinterested in the other elections as they don’t directly impact him.
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Post by manchesterman on Jul 26, 2020 12:28:57 GMT
I posted a video from a constitutional lawyer earlier in the thread about this
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johng
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Post by johng on Jul 26, 2020 13:53:34 GMT
Surely if no elections are held, we'll have president Patrick Leahy. Dem 33/35 vs GOP 30. Though there's the whole thing of governors appointing senators.
Pelosi if there are Congressional - Though the likelihood of Congressional elections going ahead whilst the presidential one in cancelled must be so minute to be zero. The NYT had a piece on it a few months ago. www.nytimes.com/2020/03/14/us/politics/election-postponed-canceled.html''The date of the general election is set by federal law and has been fixed since 1845. It would take a change in federal law to move that date. That would mean legislation enacted by Congress, signed by the president and subject to challenge in the courts.'' ''The federal government could also take steps to mandate or encourage different voting procedures, without changing the timing of the election. Richard L. Hasen, an election law expert and professor at the University of California, Irvine, has proposed that Congress require states to offer “no excuse absentee balloting” for the general election, so that anyone can opt to vote by a method besides in-person voting on Election Day.''
Edit: There's a whole page of discussion I missed out on. I should learn not to open a page and reply a few hours later!
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Post by manchesterman on Jul 26, 2020 14:20:31 GMT
Indeed. I think that's why Trump (however tempted he may be to look into that tactic) wont even try to do anything like that because - from his perspective is Pres Leahy any better or worse than Pres Biden/ In fact anything other than Pres Trump is a disaster as far as he's concerned
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johng
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Post by johng on Jul 26, 2020 14:44:13 GMT
The new senate with appointments would be a massive mess. There'd be 35 Dem/Ind Senators and 30 Reps from different classes. All governors can appoint senators to a certain extent expect for in North Dakota, Oklahoma, Oregon, Rhode Island and Wisconsin. Governors in Arizona and North Carolina must appoint one of the same party as the previous. There would be an unprecedented number of legal challenges that would go along with it too.
The senate is free to choose its pro tempore president so could choose anyone such as Schumer or even Bernie.
I'm intrigued by the idea Pelosi would remain speaker if there were no house election. I googled it and couldn't find anything about it.
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Post by Lord Twaddleford on Jul 26, 2020 18:23:42 GMT
The new senate with appointments would be a massive mess. There'd be 35 Dem/Ind Senators and 30 Reps from different classes. All governors can appoint senators to a certain extent expect for in North Dakota, Oklahoma, Oregon, Rhode Island and Wisconsin. Governors in Arizona and North Carolina must appoint one of the same party as the previous. There would be an unprecedented number of legal challenges that would go along with it too. The senate is free to choose its pro tempore president so could choose anyone such as Schumer or even Bernie. I'm intrigued by the idea Pelosi would remain speaker if there were no house election. I googled it and couldn't find anything about it. Wyoming also requires its governors to appoint a replacement senator from the same party as the previous.
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Post by Davıd Boothroyd on Jul 26, 2020 19:10:57 GMT
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Post by johnloony on Jul 26, 2020 21:11:05 GMT
It's probably already been discussed, but could the US Presidential Election be delayed due to Covid fears? Is it legally possible? It would require a constitutional amendment - which would require ratification by at least 38 states.
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