No, Trump Doesn’t Have the Authority to Delay the Election

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WASHINGTON – Today, President Donald Trump suggested the possibility that the November 3, 2020 presidential election might be delayed, saying on Twitter without evidence that the results of voting in November would be flawed.

Congress by law has set the General Election date as November 3, 2020, and the U.S. Constitution sets the end of the presidential term as noon on January 20, 2021. That is the inauguration date of the next president, which cannot be moved by the President or Congress.

Trevor Potter, president of Campaign Legal Center (CLC), and a former Republican Chairman of the Federal Election Commission, released the following statement:

“The President does not have the authority to delay the election. Federal law mandates that the General Election take place on the first Tuesday of November. Suggesting the possibility of moving the General Election is an extraordinary statement from a sitting President and is sure to create confusion amongst voters about presidential powers in relation to the election. The country has voted in general elections in the middle of a Civil War, two World Wars and the Spanish flu epidemic of 1918, not to mention the Great Depression. Delay of the November election would violate both federal law and the Constitution. It is critical that members of Congress from both parties forcefully condemn Trump’s statement. Congress has the responsibility to make sure that the election takes place safely and smoothly, and that requires the Senate to include funding for state election activities in the coronavirus bill they are currently debating so that states can be prepared to handle a surge in mail voting for November. Time is running out to give the states the funding they need to get this right."

Rhode Island Drops Vote-By-Mail Requirements That Put Voters at Risk During COVID-19 Pandemic

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PROVIDENCE, R.I. — The state of Rhode Island has agreed to eliminate witness/notary requirements for vote by mail throughout the 2020 elections due to the COVID-19 pandemic. A court issued the decree on July 28.

Campaign Legal Center, the American Civil Liberties Union and law firm Fried Frank filed a federal lawsuit on July 23 challenging the requirements.

The case was brought on behalf of two voting rights advocacy groups — Common Cause Rhode Island and the League of Women Voters of Rhode Island — and Rhode Islanders with significant medical vulnerabilities that place them or members of their household at a heightened risk of severe illness or death if they contract COVID-19.

The following reactions are from:

Jonathan Diaz, legal counsel, voting rights, Campaign Legal Center: “Today’s agreement is a huge victory for voters in Rhode Island. In the two remaining statewide election days in 2020, people will not have to choose between casting a ballot that will count and placing their health at risk.

Steven Brown, executive director of the ACLU of Rhode Island: “Removing the witness and notary requirement in the midst of a deadly pandemic will protect people’s health and their right to vote. It was the right thing to do. This is a major victory for the voters of Rhode Island and for our democracy."

Common Cause Rhode Island Executive Director John Marion: “Today’s decision is a victory for all Rhode Islanders who want to cast their vote by mail in the upcoming elections. No one should have to choose between their health and their right to vote. Unfortunately, during this public health emergency, the witnesses-or-notary requirement would force some voters to make that choice. We are delighted by today’s resolution, which will allow Rhode Islanders to plan to vote by mail without having to break quarantine to get their ballots signed by witnesses or a notary public.

Jane Koster, president of the League of Women Voters of Rhode Island: “We are thrilled with the agreement to waive Rhode Island’s onerous two-witness and notary requirement for mail-in ballots for our upcoming elections. This agreement is especially important for Black, Latinx, elderly, and disabled voters, who will rely on mail-in ballots to vote safely this year. Now Rhode Island voters can be assured that their safely-cast ballots will count."

The lawsuit, Common Cause Rhode Island v. Gorbea, was filed in U.S. District Court.

Trump Campaign Hides $170 Million in Spending from Donors and Voters, Says CLC Complaint

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Washington, DCToday, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) against President Donald Trump’s reelection campaign and joint fundraising committee. The campaign and its committee violated the law by laundering nearly $170 million in campaign spending through firms headed by Trump’s former campaign manager, Brad Parscale, and other firms created by Trump campaign lawyers. 

The campaign reported millions in payment--American Made and Parscale Strategy—which disbursed the funds to the campaign’s ultimate vendors. Ultimately, this hid millions in payments to companies engaged in significant work for the campaign, as well as payments to Trump family members or associates like Lara Trump and Kimberly Guilfoyle.  

 “Voters have a right know how campaigns are spending money to influence elections,” said CLC President and former Republican Chair of the FEC Trevor Potter. “This scheme flies in the face of transparency requirements mandated by federal law, and it leaves voters and donors in the dark about where the campaign’s funds are actually going. This secrecy could also disguise other campaign finance violations, but we don’t know, because the campaign isn’t disclosing these routed payments.” 

CLC has asked the FEC—the only federal agency dedicated to enforcing our laws governing presidential campaigns—to take action.

“This illegal conduit scheme leaves voters in the dark about the entities working for the Trump campaign, the nature of their services, and the full amount they are paid. We don’t know all of what is being hidden by this scheme, but we do know that it violates the law,” said CLC’s Director of Federal Reform Brendan Fischer.  

To read the full complaint, click here.