Originariamente Scritto da
Amati75
Interessante articolo di MARZO:
Could Donald Trump simply cancel the 2020 presidential election?
The answer is no: Congress, not the president, has the power to move Election Day. And even if Congress did postpone the vote, the Constitution would terminate Trump’s term on Jan. 20, 2021. If Trump sought to cancel the election and remain in office past that point, then, he would require not just a congressional act but a constitutional amendment. That scenario is extremely improbable.
If the pandemic gets so severe that we cannot responsibly hold in-person elections, Congress should require states to allow no-excuse absentee balloting. But if Trump does not want to risk a loss at the polls, he can exploit a constitutional shortcut around free and fair elections. The president can ask Republican-controlled state legislatures to assign their electoral votes to him—without allowing any citizen to cast a ballot for president. This maneuver would constitute an appalling assault on democracy. But it would be legal.
As the 2016 election reminded the country, the president is chosen by the Electoral College, not the popular vote. There are 538 electors, and a candidate needs 270 of them to win. Currently, every state assigns electors to the candidate who won the popular vote statewide. (Two states add a twist that’s irrelevant here.) But the Constitution does not require states to assign their electors on the basis of the statewide vote. It does not even require a statewide vote. Rather, it explains that each state “shall appoint” its electors “in such manner as the Legislature thereof may direct.” In other words, each state legislature gets to decide how electors are appointed—and, by extension, who gets their votes.
https://slate.com/news-and-politics/...ronavirus.html
La cosa "rassicurante" e' che poche settimane fa una sentenza del' Alta corte Costituzionale ha indicato che gli stati possono anche mandare in prigione i grandi elettori che non rispettnao il voto elettorale assegnato dal voto popolare, quindi uno scenario come quello sopra sarebbe, irrealistico.