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US poll can't be postponed, despite Sandy havoc
Thursday November 01, 2012 02:01:09 PM,
IANS
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Washington: Next
Tuesday's US presidential election apparently cannot be postponed
despite the havoc caused by Hurricane Sandy that has flooded towns
and cities up and down US East Coast and left millions without
power.
The election for president cannot be moved to a later date without
passage of a new federal law as an 1845 law set the Tuesday
immediately following the first Monday in November of every
election year as Election Day across the country.
But, partial postponements of voting in some affected areas are
possible, consistent with the laws governing the election of the
president and vice president, CNN said citing a 2004 Congressional
Research Service report.
When people go to the polls on Election Day, they aren't voting
directly for their choice for president or vice president.
Instead, they are voting to select representatives-or
"electors"-to the Electoral College that actually chooses the
nation's top two.
The 1845 law also gives states some leeway in picking electors to
the Electoral College. But to exercise that leeway, a state must
have "held an election for the purpose of choosing electors," and
"failed to make a choice on the day prescribed by law," CNN said.
When that happens, the law says "the electors may be appointed on
a subsequent day in such manner as the legislature of such state
may direct."
Based on this, the CRS concluded that a state could probably hold
presidential voting on Election Day in places unaffected by a
natural disaster but postpone it until a later date in affected
areas without violating federal law.
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