The short answer is No, a President Cannot defer an Election Unilaterally. And even with Support in much of Congress and the States, it would be extremely difficult, perhaps Logistically Impossible, to Postpone the Presidential General Election.
This is because only Congress sets the “times, places and manner” of Federal Elections, according to the Constitution. While the Constitution doesn’t prescribe those dates, exactly, Congress did in 3 U.S. Code § 1. That Federal Law schedules Presidential Elections on “the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.” This year, that is Nov. 3rd.
In addition to changing Election Day, Congress would need to Rewrite 3 U.S. Code § 7, which Sets the Timeline for Electors, chosen by States, to Vote in the Electoral College and Install the New President. That Law says the Electors “shall meet and give their votes on the first Monday after the second Wednesday in December.” This year, it’s Dec. 14th.
Even if Congress did all that, however, Lawmakers still couldn’t Delay Election Day by more than a Couple Months without Rewriting the Constitution itself, which says the President can only “hold his Office during the Term of four Years.” After Four years, the President’s Term and Authority Expires. The 20th Amendment Terminates each Presidential Term at Noon on Jan. 20th.
If there is No Election, then the Presidential Succession Act of 1947 is invoked, and the Speaker of the House, Nancy Pelosi (D) is President.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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