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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: Lane3 who wrote (34837)3/16/2004 8:50:39 AM
From: John Carragher  Read Replies (1) | Respond to of 794335
 
I do not know if correct reference but from constitution i believe it says congress has power to choose dates for elections. therefore could postpone a presidental election?

Article II, Section 1:
States Conduct Presidential Elections
This section establishes the right of the States to appoint Electors to the Electoral College. It reads, in part:

"Each State shall appoint, in such Manner as the Legislature thereof may direct, a number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."

and later:

"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."

The clause separating these two paragraphs describes the original manner in which presidential Electors were to cast their votes for President and Vice President - a procedure which was slightly altered in 1804 by the passage of the 12th Amendment.

There is nothing in the Constitution - or for that matter in federal statute - that requires States to conduct a direct popular vote for President (or for presidential Electors). The manner of choosing presidential Electors remains a matter for each State, although all States since 1860 have employed the direct popular vote for presidential Electors. Before that, however, several States chose their Electors by a vote of their State Legislature rather than by popular vote.