{ "id": "RL32471", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32471", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 104407, "date": "2004-07-14", "retrieved": "2016-04-07T20:12:13.011479", "title": "Executive Branch Power to Postpone Elections", "summary": "Because of the continuing threat of terrorism, concerns have been raised about the potential for\nterrorist events to occur close to or during the voting process for the November 2004 elections. For\ninstance, the question has been raised as to whether a sufficiently calamitous event could result in\nthe postponement of the election, and what mechanisms are in place to deal with such an event. This\nreport focuses on who has the constitutional authority to postpone elections, to whom such power\ncould be delegated, and what legal limitations exist to such a postponement.\n Traditionally, all voting -- whether federal, state or local -- occurs in local precinct polling\nplaces, and state or local authorities have a significant role in regulating such voting. Congress,\nhowever, also has authority to regulate elections, and that authority may vary depending on whether\nthe election is for the Presidency, the House, the Senate, or for state or local offices. While the\nExecutive Branch has significant delegated authority regarding some aspects of election law, this\nauthority does not currently extend to setting or changing the times of elections. \n Under a variety of possible scenarios that could arise as a result of a terrorist attack before or\nduring an election, either the Congress or the states might pass legislation which would affect the\ntiming of these elections. The suggestion has been made, however, that the Executive Branch might\nhave some role in determining whether an election is to occur or whether it can be cancelled. While\nthe Executive Branch does not currently have this power, it appears that Congress may be able to\ndelegate this power to the Executive Branch by enacting a statute.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32471", "sha1": "d8fe3184ddced0b75e48d3cdc6a466f3ee5a3448", "filename": "files/20040714_RL32471_d8fe3184ddced0b75e48d3cdc6a466f3ee5a3448.pdf", "images": null }, { "format": "HTML", "filename": "files/20040714_RL32471_d8fe3184ddced0b75e48d3cdc6a466f3ee5a3448.html" } ], "topics": [] } ], "topics": [ "American Law", "Constitutional Questions" ] }