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Us elections 2020 holiday. Oct 31 2020 congress also would have the power by changing the appropriate statutes to change the general election date and as well the dates electoral. The twelfth amendment amendment xii to the united states constitution provides the procedure for electing the president and vice presidentit replaced the procedure provided in article ii section 1 clause 3 by which the electoral college originally functioned. The amendment was proposed by the congress on december 9 1803 and was ratified by the requisite three fourths of state.
The answer is that the two are inextricably intertwined. 25 derived from act feb. In the united states election day is the annual day set by law for the general elections of federal public officialsit is statutorily set by the federal government as the tuesday next after the first monday in the month of november equaling the first tuesday after november 1.
Under the constitution of course the winner of the election is the candidate who gets the most votes in the electoral college. At least 45 states have statutes that deal with election day emergencies the crs says. Does the constitution allow for a delayed presidential election.
And even if congress did postpone the vote the constitution would terminate trumps term on jan. Congress not the president has the power to move election day. If you need to vote in person check your polling place before election day.
3 1875 and made this section inapplicable to any state that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its state officers was omitted. One report released last month indicates a state under its own laws could postpone the general election date that results in the selection of electors. Article ii of the constitution authorizes congress to determine the date of the general election for federal office only mandating that the day shall be the same throughout the united states.
Election laws date back to article 1 of the constitution. Oct 31 2020. In the election this year that date is tuesday november 3 2020.
The answer is no.
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