As several countries make the difficult choice to postpone their polls as a result of the coronavirus pandemic, President Donald Trump’s aide and son-in-law, Jared Kushner, has stated that he cannot guarantee whether or not the US presidential elections will take place as scheduled, a comment that has drawn criticism, forcing him to eventually take back his comment.
The US elections that will see incumbent Republican President Donald Trump go head-to-head against Democratic candidate Joe Biden is scheduled for November 3, 2020.
Asked in a video interview by TIME 100 Talks on Tuesday whether there was any chance that the election could be postponed following the same route several other countries had taken especially if there is a second wave of the virus, Kushner said: “That’s too far in the future to tell,” however, when pressed for more answers he responded, saying, “I’m not sure I can commit one way or the other, but right now that’s the plan.”
Kushner’s comments from the interview have been publicly criticized by political commentators and the media, with a CNN article describing his statement as “arrogant” and “ignorant of the law” as he plays no role in deciding whether or not elections hold. This backlash forced the White House official to release a statement Wednesday attempting to walk back the comments. “I have not been involved in, nor am I aware of any discussions about trying to change the date of the presidential election,” he said.
Who has the Power to Shift Election Dates?
Kushner’s comments have raised questions on which arm of the US government has the power to alter set election dates, despite Trump’s past insistence that the elections will hold as scheduled without interruption from the White House.
According to a 2004 report from the nonpartisan Congressional Research Service, neither the president nor his staff can postpone the elections, even in the case of an emergency. The power to alter dates rests with Congress, which can simply pass a statute changing the date of the elections but cannot cancel it altogether.
This was also reiterated by an elections expert, Sylvia Albert, Director of Voting and Elections at Common Cause, in an interview with the Washington Post where she said, “No laws passed by Congress have delegated these powers to the president, even in an emergency, so Congress is the only entity that has the power to change the date of the election.”
While the Constitution does not specify when elections should be held, it does dictate that Trump’s current term expires on January 20, 2021, regardless of whether an election is held this November.
