AboutMichael Troy Expertise I can answer just about any question about U.S. Political history, Constitutional law, the legislative process, elections, etc. I specialize in Presidential and Congresitional historical trivia, but can answer more substantive questions too.
Experience Former Staff member for a Congressman and Senator. I also worked on about 10 Congressional and Presidential campaigns (only one that won). For a short time, I worked in the legal department of the Federal Election Commission. I have a B.A. in Political Science.
Organizations Former LBJ Fellow (paid fellowship for Congressional Staff).
Pi Sigma Alpha (Political Science Honorary Society).
Publications Washington Post
Washington Times
Education/Credentials J.D. University of Michigan
B.A. George Washington University (Poli. Sci. major).
Expert: Michael Troy Date: 5/24/2008 Subject: Candidate death
Question Hello Michael:
In the highly unlikely event (severe natural disaster or terrorist attack during debate for example)that one or both presidential candidates are killed,is there a contingency plan that passes constitutional muster? If possible, please consider timeframe, e.g., 1-7 days before election VS several weeks, but definitely post convention(s). I look forward to learning more about this obscure but interesting hypothetical. In a broader sense, I'm interested if there's a mechanism to delay or suspend elections. What if 9/11 had occurred on election eve? Many thanks for your efforts.
Mark W.
Answer Hi Mark,
There is no contingency to change the US election day. The Constitution gives Congress the authority to set, and presumably change the date of the election, but it has never done so since it first instituted a uniform election date in 1845.
Elections in the past have been held on time during times of war, domestic crisis, and natural disaster. There is great reluctance to give authority to anyone to modify the date of election for fear that it would be manipulated for political advantage. In 2004, the Department of Justice Office of Legal Counsel reviewed possible contingency plans for delaying an election in the case of a national emergency. However, public opinion was so strongly against such an idea that it was quickly squashed.
If a major party candidate died shortly before an election, the party has the authority to designate a new candidate. But most State ballot laws require that the candidate could not be changed for some set period prior to the election. There is no precedent for such an action at the presidential level, but it has happened with members of Congress who have died just before an election. In 2000, Sen. John Ashcroft lost to former Gov. Mel Carnahan, who had died in a plane crash three weeks earlier. It was treated as if he died in office and the new Governor appointed his successor.
Presumably if this happened at the Presidential level, the Vice President would take office as President and then appoint a new Vice President. If the Vice President also died, the Presidency would go to the Speaker of the House.
