Millions of people are still suffering in the aftermath of Hurricane Sandy.
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Communities are still in the dark with no lights or power just five days before the presidential election. In theory, it would make sense for some states to postpone Election Day until there is assurance that electronic voting machines would be secure and people can get to the polls with ease. But in reality, the chances of that actually happening are unlikely.
Congress has the power to push Election Day back, but the odds of it doing so are slim being that it’s right around the corner. States also have the power to delay elections by implementing an emergency procedure, however that could be challenged by Congress or the federal Equal Protection Clause in court.
ABC News explains in detail:
The Constitution leaves the “times, places and manner” of holding a federal election up to each state, but says that Congress may at any time make or alter such regulations. Election Day, which is set by Congress, for all federal offices is the Tuesday following the first Monday in November.
To push that back, Congress would have to act, which at this late date seems highly unlikely. Or states could implement emergency procedures that could postpone Election Day, but that could be challenged by Congress or face federal Equal Protection challenges in the courts.
This is unchartered territory, so experts aren’t sure how it would be handled.
“For those states that don’t already have an election emergency process in place, any departure from the
Nevertheless, experts told ABC News that even minor contingency arrangements, like keeping polls open longer in some precincts or moving polling locations, will probably lead to legal challenges and more provisional voting, which can delay election results.
The amount of damage caused by Hurricane Sandy right before a presidential election is unprecedented. No one would have predicted this and states may be in a bind come November 6th.
SOURCE: ABC News
