President Donald Trump on Thursday raised the possibility of delaying the Nov. 3 U.S. presidential election, but the Constitution bestows that power on Congress, not the president.
FILE PHOTO: U.S. President Donald Trump speaks about sending federal law enforcement agents to several U.S. cities to assist local police in combating what the Justice Department has described as a"surge" of violent crime, in the East Room at the White House in Washington, U.S., July 22, 2020. REUTERS/Leah Millis/File PhotoCONGRESSIONAL POWERSince 1845, that day has been every four years on the first Tuesday after the first Monday in November, which in 2020 is Nov. 3.
“President Trump has absolutely no legal authority to delay the election,” said Joshua Douglas, a professor at the University of Kentucky and an election law expert. Congress could technically extend the ability to postpone an election to the executive, according to a 2004 Congressional Research Service reportHowever, given that Democrats currently control the House of Representatives, it is virtually certain that Congress would not entertain any sort of postponement.
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