Is there a law that would allow US Presidential elections to be postponed?

Answer 1

Federal law sets a uniform date for the election of the Presidential electors (the general election that is). Federal law, however, does authorize the individual states to set rules if something prevents the electors from being chosen on that date. As such, it is up to each state to determine how to select electors if something happens that would require the postponement of elections in part of the state or in the entire state.

I assume that if something major happened (e.g. an earthquake in California or a late hurricane along the Gulf Coast, someone in the State, most likely the secretary of state in coordination with local election authorities could make emergency provisions to keep voting open to allow those who had to evacuate to have a chance to vote.

Likewise, if it was necessary, the state legislature could step in and choose the presidential electors. If something prevented the electors from meeting on the appropriate date in December, I assume someone in each state would have the authority to choose a different location where they could meet.

There are provisions for acting Presidents if some reason a President can't be chosen by January 20th. The incumbent does not get to hold over, but instead the Speaker of the House serves as temporary president. The most likely circumstance would be if there were a viable third party that got some electoral votes and some seats in Congress thereby preventing anyone from getting a majority of electoral votes and making it impossible for the House to choose a new President on the first ballot.

Answer 2

I agree with one person here; the states are not compelled to submit their electors on a certain day. This happened in 2000. Florida law called for the election to be called by a certain day and time. Katherine Harris attempted to do so and was blocked by the Florida Supreme Court. Since this action had national consequences the Bush people went to the U.S. Supreme Court for a ruling. That court ruled that Florida could not change election law in mid-election. The vote was called and Bush won the states electoral votes.
The same thing happened in 1864. The election was held and the southern states submitted no electors. Lincoln was reelected with many states missing the election.
If the Presidents term expires in 2009 without a election result then I guess Nancy Pelosi becomes the President. So there is your conspiracy for the day; Is Pelosi trying to set up a situation where she becomes president before Hillary?

Answer 3

Not really. End of term is a constitutional requirement.

Amendment 20, Section 1:
"The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin."

But also see Article II:
"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

So, the prior president's term ends and cannot be extended. However, the date of the popular election and the date of the electoral college vote can be changed, but doing so would require Congress to pass a law setting a new date.

Answer 4

No. Not as far as I know. What good would it do to postpone them anyway?

Answer 5

Apparently Bush's lawyers think that declaring martial law would enable him to serve virtually forever........its called enacting incremental dictatorship, they slowly erode your rights so that you hardly notice whats going on till its too late.

Answer 6

Not yet but Bush has another year to create this manatory bill.