Voting Rights and Suffrage/Specific limitations
Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question?
The fundamental right to vote has remained resilient during both state and national emergencies. Voting access in the United States is primarily governed by state law. Federal laws prohibit a range of restrictions of this right, as has been a historical commitment. As noted in Arizona v. Inter Tribal Council of Arizona (2013), the Supreme Court described Congress’s federal election regulation power as “paramount,” emphasizing that it “may be exercised at any time, and to any extent which [Congress] deems expedient” (National Constitution Center, 2024). Article II, Section 2 of the Constitution does not grant the President the power to postpone or alter elections, clearly delineating their authority (Congress.gov, 2024). In 1845, Congress established the federal election day as “the Tuesday next after the 1st Monday in November, in every even numbered year” (Legal Information Institute, 2024). This framework has provided a longstanding structure for U.S. elections.
Chapter 68 of Title 42 U.S.C. § 5122 defines an emergency as “any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States” (“42 USC 5122: Definitions,” 2018). Similarly, Chapter 34 of Title 50 in the U.S. Code states, “With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency” (“50 U.S. Code Chapter 34 – National Emergencies,” 2024). Elections have continued to be held during times of war. For example, President Lincoln was elected during the Civil War, and President Franklin Roosevelt was re-elected during World War II (Best Best & Krieger LLP, 2024). The specific measures to mitigate the impact of emergencies on elections are determined at the state level. During times of war, if a national or state emergency is declared, states may adjust their election processes accordingly, upholding accessibility to voting to the best of their ability. In Kansas, for example, K.S.A. § 25-622 states that “The secretary of state can adopt alternative methods for distributing ballots in a time of war, equipment failure, or disaster that makes it impossible for voters in an area to obtain ballots” (“25-622,” 2024). States such as Idaho, Kentucky, New York, Oregon, South Dakota, and Utah have policies in place to delay or reschedule elections in the event of an emergency (“Election Emergencies,” 2024).
This holds during emergencies relating to severe weather. Severe weather emergencies are understood under Title 42 as “any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby” (“42 USC 5122: Definitions” 2018). For example, in South Dakota, “Local election boards can delay an election (except for primary or general elections) for 1 week due to weather” (“Election Emergencies” 2024). A governor can request the President to issue a declaration of a major disaster or emergency under this chapter upon "finding that [a] disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments and that Federal assistance is necessary” (“42 USC 5122: Definitions” 2018).
References
“A Guide to Emergency Powers and Their Use.” 2018. Brennan Center for Justice. December 5, 2018. https://www.brennancenter.org/our-work/research-reports/guide-emergency-powers-and-their-use.
Best Best & Krieger LLP. "Postponing a Presidential Election and the Law." Accessed August 1, 2024. https://bbklaw.com/resources/postponing-a-presidential-election-and-the-law.
Congress.gov. "Browse: Article II, Section 2." Accessed July 28, 2024. https://constitution.congress.gov/browse/article-2/section-2/#:~:text=The%20President%20shall%20have%20Power,End%20of%20their%20next%20Session.
“Election Emergencies.” 2024. Ncsl.org. 2024. https://www.ncsl.org/elections-and-campaigns/election-emergencies#election.
Legal Information Institute. "2 U.S. Code § 7 - Time of Election." Accessed July 27, 2024. https://www.law.cornell.edu/uscode/text/2/7.
National Constitution Center. "Elections Clause." Last modified 2024. Accessed July 28, 2024. https://constitutioncenter.org/the-constitution/articles/article-i/clauses/750.
Oyez. "Arizona v. Inter Tribal Council of Arizona." Accessed August 1, 2024. https://www.oyez.org/cases/2012/12-71.
“25-622.” 2024. Ksrevisor.org. 2024. https://www.ksrevisor.org/statutes/chapters/ch25/025_006_0022.html.
“42 U.S. Code § 5122 - Definitions.” 2015. LII / Legal Information Institute. 2015. https://www.law.cornell.edu/uscode/text/42/5122.
“42 USC 5122: Definitions.” 2018. House.gov. 2018. https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title42-section5122&num=0&edition=1999#:~:text=%2D%22Major%20disaster%22%20means%20any.
“50 U.S. Code Chapter 34 - NATIONAL EMERGENCIES.” 2024. LII / Legal Information Institute. 2024. https://www.law.cornell.edu/uscode/text/50/chapter-34.