US: American officials are discussing the possibility of postponing November's presidential election for the first time in US history in the event of a devastating terrorist attack, it emerged yesterday.
A spokesman for the administration confirmed that the justice department's office of legal counsel had been asked for guidelines for a possible postponement, days after the homeland security secretary, Mr Tom Ridge, warned that al-Qaeda was plotting a large-scale attack aimed at disrupting the November 2nd election. The justice department did not return calls seeking comment.
A primary election in New York scheduled for September 11th, 2001, was quickly postponed by the state's election board after hijacked planes hit the World Trade Centre that day.
However, the US Election Assistance Commission noted that "the federal government has no agency that has the statutory authority to cancel and reschedule a federal election", according to a letter to Mr Ridge, published by Newsweek magazine.
Some legal experts argued that bestowing that power on an official or body would require a constitutional amendment. But Todd Peterson, a law professor at George Washington University, said Congress already has that power.
"My sense is that it wouldn't need a constitutional amendment," Prof Peterson said. "Congress has pretty clear constitutional authority to determine the timing both of the presidential and congressional elections."
In the midst of a particularly bitter and close presidential race, and in the wake of the legal wrangling that ultimately led to George Bush's disputed victory in 2000, the mere mention of the possibility of a postponement was enough to spark controversy.
"I don't think there's an argument that can be made, for the first time in our history, to delay an election," said Ms Dianne Feinstein of California, a Democratic member of the Senate intelligence committee.