Presidential Power to Postpone Elections
The president does not have the constitutional or legal authority to set or change the times of elections in the United States. Constitutionally, this power lies with Congress, as does the authority to delegate the power to postpone elections to the executive branch.
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History
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During the 2004 presidential election, concerns about possible terrorist actions caused some to question whether the election could be postponed and, if so, by whom. At the time, President Bush and his administration expressed interest in postponing the election in order to circumvent any planned terrorist attacks. However, because the power to postpone elections does not lie with the president or executive branch, the 2004 elections were carried out as scheduled and without incident.
Constitutional Provisions
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The authority to postpone elections, while not specifically addressed by the United States Constitution, is thought by constitutional experts to derive from Section 4 of Article I and Section 1 of Article II of the Constitution. These sections read, respectively: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators" and "The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States." These two sections, according to most constitutional experts, imply that the power to postpone elections rests entirely with Congress.
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Could this Change?
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Constitutionally, Congress has the authority to delegate its powers to the President, including the power to postpone elections. So while the President does not currently have the power to postpone elections, this could change at any time in the future should Congress choose to relinquish this power.
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