# Can the election be cancelled? **URL:** \ **Category:** Factual Questions\ **Created:** [October 25, 2004, 5:04pm UTC](https://boards.straightdope.com/t/can-the-election-be-cancelled/271073 "2004-10-25T17:04:11Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Hadrian0117](https://avatars.discourse-cdn.com/v4/letter/h/3d9bf3/32.png) [@Hadrian0117](https://boards.straightdope.com/u/Hadrian0117)\ **Post date:** [October 25, 2004, 5:04pm UTC](https://boards.straightdope.com/t/can-the-election-be-cancelled/271073/1 "2004-10-25T17:04:11Z")
What would happen if terrorist did launch an attack on the US on Nov. 2? Are there any legal mechanism for the election to be cancelled? If the attack happened in just one area while and forced the polls to close but they remained opened in the rest of the country? Would the revote have to be for the entire country or just the area? What about the votes cast _before_? I know nothing in the US constitution prevents state legislatures from appointing electors without a popular vote but do state consitutions mandate this? 9/11 happened on NYC’s primary and they resheduled that but it was one city. What if one or both candidates were killed? What if one party lost it’s presidiatial candidate **and** VP one? ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [October 25, 2004, 5:25pm UTC](https://boards.straightdope.com/t/can-the-election-be-cancelled/271073/2 "2004-10-25T17:25:18Z")
Elections are a matter of state law and there is no particular reason why they have to be held on the same day. (In fact, a few states have already started early voting.) Whether or not to cancel the poll would be up to each state government. They could reschedule them at their convenience. In a worst-case scenario, the legislature could appoint Electors without holding a general election, as was the usual practice in the early 19th century. In an even-worse-case scenario, they could appoint none at all. If there is no majority in the Electoral College then the choice falls to the House of Representatives. In the case of candidates being killed, the national party committees could nominate new candidates. Since the deadline for getting people on ballots has passed, people would still be voting for the dead guys, but most electors pledged to them would support whoever their party chose. ---
**Author:** ![Hadrian0117](https://avatars.discourse-cdn.com/v4/letter/h/3d9bf3/32.png) [@Hadrian0117](https://boards.straightdope.com/u/Hadrian0117)\ **Post date:** [October 25, 2004, 6:01pm UTC](https://boards.straightdope.com/t/can-the-election-be-cancelled/271073/3 "2004-10-25T18:01:23Z")
[QUOTE=friedo] Elections are a matter of state law and there is no particular reason why they have to be held on the same day. (In fact, a few states have already started early voting.) Whether or not to cancel the poll would be up to each state government. They could reschedule them at their convenience…QUOTE] > [@](#): > > Section 4 > 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 Choosing Senators. > > The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Congress enacts a _federal_ law to have the elections on the same day everywere. Early voting is allowed because the polls are still open election day and non of the ballots are counted till after Election Day. Maine used to have their general election in September because of the weather 'till Congress made them change it. In Louisiana where they have an open primary then a runoff they used have the primary for congressmembers in Sept like they do with state ones and the runoff in Nov but federal courts made them hold the congressional primary in Nov and the runoff in Dec. ---
**Author:** ![absimia](https://avatars.discourse-cdn.com/v4/letter/a/bbe5ce/32.png) [@absimia](https://boards.straightdope.com/u/absimia)\ **Post date:** [October 25, 2004, 9:54pm UTC](https://boards.straightdope.com/t/can-the-election-be-cancelled/271073/4 "2004-10-25T21:54:02Z")
Here’s history/dates/information (from the Federal Election Commission faq) about the Federal Laws **Hadrian0117** mentions. The Tuesday after the first Monday in November was initially established in 1845 (3 U.S.C. 1) for the appointment of Presidential electors in every fourth year. 2 U.S.C. 7 established this date for electing U.S. Representatives in every even numbered year in 1875. Finaly, 2 U.S.C. 1 established this date as the time for electing U.S. Senators in 1914. ---
**Author:** ![Hadrian0117](https://avatars.discourse-cdn.com/v4/letter/h/3d9bf3/32.png) [@Hadrian0117](https://boards.straightdope.com/u/Hadrian0117)\ **Post date:** [October 25, 2004, 10:33pm UTC](https://boards.straightdope.com/t/can-the-election-be-cancelled/271073/5 "2004-10-25T22:33:51Z")
> [@absimia](#): > > Here’s history/dates/information (from the Federal Election Commission faq) about the Federal Laws **Hadrian0117** mentions. > The Tuesday after the first Monday in November was initially established in 1845 (3 U.S.C. 1) for the appointment of Presidential electors in every fourth year. > > 2 U.S.C. 7 established this date for electing U.S. Representatives in every even numbered year in 1875. > > Finaly, 2 U.S.C. 1 established this date as the time for electing U.S. Senators in 1914. So if an attack happen states could cancel their own elections but the they’d still need to hold the ones for federal officers? Or would they be held on paper then annulled? Congress wouldn’t be able pass anything for a few days after Election Day. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [October 25, 2004, 11:04pm UTC](https://boards.straightdope.com/t/can-the-election-be-cancelled/271073/6 "2004-10-25T23:04:10Z")
Given that the 1864 elections were held during the Civil War, and we (at least we in the North) managed to elect a President and Congress, it’s likely the polls would still open, and whoever could, would vote.