Secretary of State Mike Pompeo stated that the Department of Justice has the legal authority to determine when the date of the presidential election will be, contradicting the US law that grants such powers only to Congress.
Appearing at the Senate Budget Committee to discuss the State Department’s budget request for the coming fiscal year, Virginia Democratic Senator Tim Kaine asked Pompeo about a morning tweet from President Trump suggesting that the November election be pushed back.
“Can a president delay the November presidential election, Mr. Secretary?” Kaine asked straightforwardly.
Pompeo initially demurred from answering, but Kaine pointed out that the Harvard Law-educated Pompeo is one of the “best legal minds” in the administration. Kaine again posed the question: “Can a president delay a presidential election?”
“Senator, in the end, the Department of Justice and others will make that legal determination,” Pompeo stated. “We all should want–and I know you do, Senator Kaine–wanna make sure we have an election everyone is confident in.”
Kaine went on to point out that the law, set in 1845 by the 28th Congress, establishes Election Day as being held on “the Tuesday next after the first Monday in the month of November.”
No where in US law does it allow the President of the Department of Justice to move or alter Election Day.