State Election Laws: Overview of Statutes Regarding Emergency Election Postponement Within the State (CRS Report for Congress)
| Release Date |
Revised Oct. 26, 2004 |
| Report Number |
RS21942 |
| Report Type |
Report |
| Authors |
L. Paige Whitaker, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Federal law establishes the date of the general presidential election as the Tuesday following the
first
Monday in November every four years. However, due to the possibility of an emergency or disaster,
including the threat of a terrorist attack, occurring immediately before or during a scheduled election,
some states have enacted statutes providing for the temporary postponement of elections in their
respective states, precincts, districts, or counties. This Report summarizes seven state statutes that
provide a mechanism for the postponement of certain elections. In the event of emergencies or
disasters, it appears that these laws might provide for the postponement of the general presidential
election within the state. (1) The following state statutes are summarized:
Florida, Georgia, Hawaii,
Louisiana, Maryland, New York, and North Carolina. In addition, examples of state statutes that
grant the governor the power to suspend certain state laws during an emergency are included.
Although these statutes do not mention elections, they might be relied on to support the state's delay
of the general presidential election in an emergency. (2)
1. Â As this Report provides a summary overview of various
state statutory provisions, it is of paramount
importance to consult with the appropriate secretary of state or state board of elections for more
detailed
information regarding each state's election procedures and regulations. As states may address
election
postponement through rules, regulations, executive orders or other means, this summary of statutes
is not a
comprehensive discussion of election postponement procedures and may not be an exhaustive list
of states
where election postponement provisions exist. For further information regarding issues relating to
election
postponement, see CRS Report RL32471(pdf) , Executive Branch Power to Postpone
Elections, by Kenneth R.
Thomas.
2. Â The Author appreciates the research assistance provided by
Angela Napili, Information Resource Specialist,
Office of Information Resources Management.
