{ "id": "RL32654", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32654", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 104485, "date": "2004-10-27", "retrieved": "2016-04-07T20:05:48.116791", "title": "Safeguarding Federal Elections from Possible Terrorist Attack: Issues and Options for Congress", "summary": "Concerns have arisen that terrorist attacks near the November 2, 2004 federal election might be\nlaunched to disrupt voting and affect the outcome. As a result, questions have arisen about what\nmight be done both to prevent such attacks and to respond to any that occur. Deliberations have\ncentered largely around two questions: If a terrorist attack occurs, should the election be postponed,\nin whole or in part, and if so, by whom and under what authority? What steps should and are being\ntaken to enhance security for the election?\n Questions about election postponement include who has the constitutional authority, to whom\ncould such power be delegated, and what legal limitations exist. Congressional authority to regulate\nelections may vary depending on what contest or contests are affected. The executive branch does\nnot currently have authority to set or change the times of elections, a power reserved for Congress\nunder the Constitution, although Congress may be able to delegate such authority. Either Congress\nor the states might also pass legislation in response to a terrorist attack that would change the timing\nof any elections that were affected. \n Some states have enacted statutes providing for the temporary postponement of elections. \nMany state statutes also grant the Governor the power to suspend certain state laws during an\nemergency. Those statutes might also be able to be used to postpone the general presidential election\nin the state during an emergency. Actual postponement of elections has occurred in relatively few\ncases over the last 150 years. The best known recent examples are the New York state primary\nscheduled for September 11, 2001, and the Florida primary scheduled on September 1, 1992, shortly\nafter Hurricane Andrew. In New York, the entire election was rescheduled; in Florida, only Dade\nCounty was rescheduled. In many other cases in the United States and other countries, elections\nhave been held despite difficult situations arising from natural events or conflicts. \n It is generally the responsibility of state and local governments to provide security at polling\nplaces. State and local laws regarding police presence vary, with some states prohibiting and others\nrequiring it. Federal law prohibits the use of federal military forces at the polls except \"to repel\narmed enemies of the United States.\" A recently released guide for state election-security planning\nrecommends establishment of planning teams and preparation for a range of possible scenarios. \nReactions of state and local officials have varied, with some intending to make as few visible\nchanges as possible and others planning to increase police presence or even move polling places.\n Whether Congress considers actions to safeguard elections may depend on events associated\nwith U.S. elections or those in other countries. Among the options are to take no legislative action,\nto explicitly delegate authority to the executive branch to the extent permitted by the Constitution,\nto provide mechanisms for improved coordination, and to encourage early and absentee voting. All\nthese options have some potential benefits but also significant potential disadvantages.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32654", "sha1": "9299d912cd96f86e144ae4135ae01ca89541e0af", "filename": "files/20041027_RL32654_9299d912cd96f86e144ae4135ae01ca89541e0af.pdf", "images": null }, { "format": "HTML", "filename": "files/20041027_RL32654_9299d912cd96f86e144ae4135ae01ca89541e0af.html" } ], "topics": [] } ], "topics": [ "American Law", "Constitutional Questions", "Economic Policy", "Intelligence and National Security" ] }