Former Vice President Joe Biden was pushing a conspiracy theory that President Trump can use the Coronavirus pandemic to delay the November election to a “more favorable time” for an incumbent candidate.
Speaking to a group of supporters via a virtual fundraiser, CNN is reporting that Biden told supporters, “Mark my words: I think he is gonna try to kick back the election somehow, come up with some rationale why it can’t be held,” Biden said. “That’s the only way he thinks he can possibly win.”
However, under current laws, Congress would have to approve such an act and it’s unlikely that would happen. The current law reads:
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.
Simply put, the President can’t change the date of the election by executive order, even during a national emergency or if martial law is declared.
Lots of replies have said "but what if Trump declares martial law?!"
But even that would likely not give him power to postpone election or delay end of his term on Jan. 20, 2021.
As Supreme Court said in Ex parte Milligan (1866), martial law does not suspend the Constitution https://t.co/FsiJXbENXi
— Josh Douglas (@JoshuaADouglas) March 14, 2020