[EL] Sandy Havoc

[James T Tucker]

Adam,


I'm not sure of the answer off-hand, but can direct you to a very good law review article written by Kristen Clarke and Damon Hewitt on the more general subject of modifying election dates and deadlines in the face of natural disasters:  Protecting Voting Rights in the Context of  Mass Displacement,  51 Howard L.J. 511 (2007-2008).

Regards,
 
Jim


-----Original Message-----
From: Adam Bonin <adam at boninlaw.com>
To: law-election <law-election at uci.edu>
Sent: Fri, Oct 26, 2012 12:54 pm
Subject: [EL] Sandy Havoc



I’ve been asked by a friend, and don’t know the answer off-hand: if Hurricane Sandy (or any such natural disaster) were to cause massive power/transportation issues in a region of the country, can the Election Day be delayed?  3 USC 1 does state that “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,” so are there means by which the election could be delayed, either state-by-state or nationally?
I do recall that 9-11-2001 was a NYC municipal primary which was rescheduled, but don’t know how this could work in a presidential.
Adam C. Bonin
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