Expert: States Should Develop Procedures Now to Deal With Potential Terrorist Disruption of Presidential Election.

AScribe Law News Service, August, 2004

Byline: University at Buffalo

BUFFALO, N.Y., Aug. 3 (AScribe Newswire) -- Though the law is somewhat ambiguous on the subject, the power to postpone November's presidential election as a result of terrorist threat or attack lies mostly with individual states, according to an election-law expert at the University at Buffalo School of Law.

"The U.S. Constitution explicitly delegates the authority to conduct presidential elections to the states," says UB law professor James Gardner, author of several articles on election law.

"It's clear that states could create a procedure in advance that would include a provision for postponing an election, for designating particular officials to decide whether or not an election has to be postponed and for...

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