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Election Dissection

The president has no authority to delay the election

Election Dissection contributor Trevor Potter, who was general counsel for Republican John McCain's 2008 presidential run, published an op-ed in The Washington Post on why Election Day can't be delayed under current law. Only an act of Congress could change the date — and with the strongly divided Senate and House, that's almost certainly not going to happen.

If one or both candidates were to become incapacitated, it would be up to the parties to change the nominees. But with early voting underway and absentee ballots already mailed out, in most cases it's already too late to take names off the ballots.

Potter, founder of the Campaign Legal Center and also a member of the National Task Force on Election Crises, lays out the legalities of a lot of the unusual scenarios that could play out in the 2020 cycle.
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