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Donald Trump wears a mask together he visits Walter Reed National army Medical center in Bethesda, Maryland' top top July 11, 2020. ALEX EDELMAN/AFP via Getty pictures
president Donald Trump and the very first Lady tested positive for COVID-19 on Friday, October 2. Trump"s positive test will certainly take him turn off the project trail in the last month before the election, and throws an additional wrench into an already chaotic choice season. Trump, however, can not unilaterally hold-up or cancel the November 3 presidential election, which is currently well underway.

President Donald trumped tested optimistic for COVID-19 ~ above October 2, taking him turn off the project trail in the last weeks prior to voting in the 2020 presidential election ends ~ above November 3.

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Trump"s COVID-19 diagnosis poses a major threat come his health offered his age, and also further upends an currently tumultuous presidential race. Yet there"s tiny to no possibility that the choice is delayed or canceled, mainly because voting is currently underway.

As of Friday morning, end 2.2 million americans have already voted in the 2020 presidential choice either by mail or early in-person, follow to the us Elections Project.

Already this year, some have expressed involves that Trump could attempt to cancel or delay the election.

In a July tweet, chairman Donald Trump suggested the US must "delay" the 2020 presidential choice over his baseless fears that mail voting is fraudulent, a move he does not have the power to do.


At an April 23 online fundraiser, previous Vice president Joe Biden, the 2020 democratic presidential nominee, predicted the Trump would try to postpone the election during the coronavirus crisis.

"Mark my words, i think the is gonna try to kick earlier the election somehow — come up with some reason why the can"t be held," Biden said, according to a swimming pool report native CBS" Bo Erickson.

Trump cannot, however, unilaterally decide to publication or postpone the November 3 basic election by executive order, under the parameters the a national emergency or catastrophe declaration, or also if he claimed martial regulation — that power exclusively rests with Congress.

Experts consisting of the democratic election lawyer Marc Elias and also Josh Douglas, a professor the voting and also election regulation at the university of Kentucky law School, explained on Twitter in March when the topic very first came increase that only an act of conference could alter the federal statute to adjust the day that says appoint their electors.


—Josh Douglas (
JoshuaADouglas) in march 14, 2020—Marc E. Elias (
marceelias) march 13, 2020

After all, american don"t have actually a constitutional right to vote for president and also do not straight elect the president. When you cast a ballot for a presidential candidate at the polls or by mail, you"re yes, really expressing exactly how the electors representing her state have to vote.

The process by which states appoint those electors is laid out both in post II of the us Constitution, which needs states to appoint a variety of electors equal to the variety of their to represent in the us House and Senate "in such Manner as the legislature thereof may direct," and in thing 1 of title 3 the the United says Code, which sets the timing of the appointment.

To readjust the date of the election, congress would have to vote to transform Section 1 the the code, i m sorry stipulates: "the electors that President and Vice president shall be appointed, in every State, on the Tuesday next after the first Monday in November, in every fourth year prospering every choice of a President and also Vice President."

After election results are canvassed and certified, states send designated electors come gather and cast their votes for president in every fifty states and D.C., meetings which convene, per commonwealth law, the an initial Monday ~ the second Wednesday in December.


Then, top top January 6, electors submit your votes to selected the next president and also vice president to the president of the Senate, a duty filled through the presiding evil president. ~ that, the following president is inaugurated ~ above January 20.

As Douglas called Insider in a march interview, conference passed the law standardizing the date of the nationwide presidential election to it is in the Tuesday after the first Monday in November earlier in 1845 and hadn"t readjusted the day since.

Notably, the federal law as created mandates that claims appoint a variety of electors equal to the number of congressional representatives on that day by some device that the legislative agrees on. That does not, however, need that states even hold elections at every to determine how their electors will be allocated.

Indeed, Douglas called Insider the for lot of America"s early history, plenty of states didn"t host presidential elections as we understand them today. Instead, state legislatures both voted to choose their electors and also voted come instruct them how to cast their votes in ~ the Electoral College as opposed come holding an election of the people.


And when all us states now allocate your electoral votes through a popular election in the state, lock apportion your electoral votes differently.

Most states use a winner-take-all system, wherein the candidate that wins end 50% the the poll gets every one of the state"s electoral votes.

Maine and also Nebraska, however, allocate 2 of their electoral votes based upon the statewide results and the rest proportionally based on the vote share in the state"s conference districts.

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Furthermore, trying to postpone or publication the 2020 choice wouldn"t benefit Trump. Also in the far-fetched script in which the 2020 presidential electors didn"t formally actors their votes in December, that wouldn"t immediately extend Trump and Vice chairman Mike Pence"s tenures.