Amid the continuing doubts and accusations with the coming November elections, social media users are asking the possibility of Pelosi becoming president if the United States general elections are delayed.
Pelosi as US president?
According to Snopes, the rumors are a result of United States President Donald Trump suggesting to delay the November elections due to fraudulent and inaccurate mail-in ballots in a tweet on July 30.
Although Trump's claim that mail-in votings have been victim to fraud, his recommendation of delaying the general elections is a first in US history and has caused anxiety in most citizens with some prompting interesting questions.
One of these includes the thought that if the elections are suspended, then-House Speaker Nancy Pelosi becomes the acting president in the absence of a candidate elected by voting.
Despite the general elections being delayed being theoretically possible and will be done by Congress and not the president, it is highly unlikely. In the Constitution, Congress is given the power and authority to set the date of the election.
In 1845, the federal law that was passed required presidential elections to be scheduled on a Tuesday after the first Monday of November.
Assistant professor of law Michael T. Morley, teaching at Florida State University College of Law, said the following years resulted in subsequent statutes that firmly placed a uniform election day for all federal offices including seats for White House and Senate officials.
Pelosi would not become president if the general elections are delayed and she would be out of the office on January 3, 2021. The next in line to be president would be Senator Chuck Grassley, the Senate's President Pro Tempore.
Unprecedented move
However, the process is still subject to change due to only 65 senators remaining in the Senate by that date if the suspension of the elections continues. Democrats have the power to elect a new President Pro Tempore of the Senate as they fill the majority of Senate seats, as reported by WUSA9.
With the unprecedented possibility of delaying the general elections, the exact transition of power remains unclear. It could also be possible for states to hold their own elections under continuity powers.
Under the traditional rules of succession, however, Pelosi would not be given the opportunity to be placed as acting president of the United States if the suspension moved forward since she would be out of power.
Previously, Trump suggested the delay in general elections due to the impacts and risks of the coronavirus pandemic and the possibility of fraudulent votes if mail-in voting is used to determine the winning candidate.
According to USA Today, Trump does not have the power or authority to approve such actions by himself and needs Congress to make the decision. Later, however, the US president said he did not want a delay but continued to cite the dangers and risks of mail-in voting in creating a disastrous election.
