CNN – 03/18/2020: Coronavirus is on the loose, and this is affecting all spheres of life. Because of this, many believe that there’s a chance that Donald Trump will cancel the 2023 general elections. To fight COVID-19 people are asked to stay at their homes and avoid contact. With instructions like this, it’s hard to imagine voting, but it will happen nonetheless.
One of the reasons why people believe that the elections will be canceled or postponed is what happened during the primaries. Yes, in some states, the primaries were canceled. But, this is a decision made by local authorities and laws. State government regulates what happens in each state. General elections, on the other hand, are governed by federal laws.
Federal law is clear and understandable as you will see in the following passage: “The Tuesday next after the 1st Monday in November, in every even-numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.”
Congress creates federal law, and it’s not up to President to change it or disobey it. With all authority invested in the President, there’s nothing Donald Trump can do about the upcoming elections. Federal law can be changed only by Congress. Democrats currently control Congress, and there’s no way in hell they would be willing to change the date of the elections.
At the moment, we have a national emergency, and POTUS can proclaim martial law, but even that can’t help Trump postpone the elections. Law expert Josh Douglas also gave his opinion on the subject: “Even that would likely not give him the power to postpone election or delay end of his term on Jan. 20, 2023. As Supreme Court said in ex parte Milligan (1866), martial law does not suspend the Constitution.”