Based on constitutional law and historical precedent, elections would still be held even if the Insurrection Act is activated. The U.S. Constitution does not provide for the cancellation or suspension of elections due to the invocation of the Insurrection Act or the declaration of martial law.
Here are the key details regarding this scenario:
- No Legal Authority to Cancel: A president cannot legally use the Insurrection Act to postpone or cancel a federal election, as the timing of elections is set by Congress. The 20th Amendment sets a strict deadline for the end of a presidential term (January 20) that cannot be delayed.
- Precedent: Even during the Civil War, which is a much higher level of conflict than what the Insurrection Act is typically used for, the 1864 presidential election proceeded as scheduled.
- Purpose of the Act: The Insurrection Act (1807) allows the president to deploy the military domestically to suppress "insurrection, domestic violence, unlawful combination, or conspiracy" when state officials are unable or unwilling to maintain order. It does not override the Constitution.
- Potential Impact on Voting: While the election itself would likely not be cancelled, critics and legal experts have expressed concerns that in a scenario where the Act is used for political purposes, military presence could be used to intimidate voters or create chaos around polling places in specific, targeted areas.
- Legal Challenges: Any attempt to use the Insurrection Act to interfere with the electoral process would face immediate legal challenges in federal court.
