Ok, let me approach this a different way. I can respect and appreciate the emotional aspect of this debate because you do happen to live in an area directly effected by terrorism
Dream PipEr. Admittedly my argument up to this point was largely unsupported by anything specific except my general distrust of politicians and my personal feelings on the subject. But let me address it from a constitutional and legal perspective instead:
No where in the constitution is the power granted to the executive branch to modify any aspect of the election process. There is no clause that gives them an exception in case of national emergency.
Additionally presidential elections are governed by
Chapter 1 of Title 3, United States Code (sorry about the horrendous 1992-ish HTML background).
QUOTE
Time of appointing electors
§ 1. The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.
Failure to make choice on prescribed day
§ 2. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
This law explicitly sets the date when elections are to occur by virtue of specifying when electors must be appointed. It also states that if the state fails to appoint electors it is up to the state legislature to decide how to proceed.
So, based on the Constitution and Federal Law, the executive branch clearly has no say in the matter. I get the feeling the assumption is that the executive branch would make the decision here from a few posts and also from several articles I have read about this recently. Legally the only entity with power to modify election law is Congress and if some kind of catastrophe were to occur preventing electors from being appointed (e.g. a terrorist action) then it would be up to the state legislature to deal with that.
It is important to note that our laws, as written basically advocate the same thing I have said in previous posts. The state might not come to the same conclusion as I did, but other states not effected by the terrorist action would have to proceed with the election as proscribed under law. For example, if an attack were to occur in New York, the other 49 states would be required to finish their election as proscribed and the New York State legisltaure would have to be convened to decide what to do.
So, we do currently have a plan to deal with this unlike some of these articles claim. That plan is to let the individual state legislature decide what to do. Congress is the only entity with the authority to change the laws governing elections, the executive branch has no authority whatsoever.
That being said I am
very uncomfortable with changing the process by which elections occur unless Congress were to pass a bill amending federal election law or preferably pass an amendment ratified by 3/4ths of the states detailing
exactly how this situation would be dealt with and
exactly under what circumstances it could be invoked.
I do not feel that a terrorist attack is something which should not be considered, but the process must be followed, or it must be changed by the proper authorities. If terrorists were to attack and we departed from our process (which has never been effected in our entire history) then they would have scored a win no matter what happened. The whole goal here is to make us change our way of life, shred our constitution a little bit -- that absolutely cannot happen under any circumstances.
Edited to add: At least I agree with Bush on something:
White House Response. I can't believe I just typed those words, I wonder if I have a fever
QUOTE
Rice said the Bush administration, while concerned about the impact of terrorism, is not thinking of postponing the elections.
"We've had elections in this country when we were at war, even when we were in civil war. And we should have the elections on time. That's the view of the president, that's the view of the administration," Rice told CNN on Monday.