Nick Smith, July 25, 2004

On July 8, the Homeland Security Secretary Tom Ridge publicly warned that the government has "credible" information that Al Qaeda is planning an assault intentionally timed to "disrupt our democratic process." Such an attack would be a reprise of the assault in Spain earlier this year, which some credit with altering the outcome of the election there and leading to the withdrawal of Spanish forces from the coalition in Iraq. This has led some to consider how we would react to a massive terrorist attack on or immediately before Election Day that seriously disrupted voting in one or more cities or states.

One misguided answer has been offered by DeForest (Buster) Soaries Jr, the Chairman of the U.S. Election Assistance Commission. Chairman Soaries sent a letter to Secretary Ridge, expressing concern that no federal agency is empowered to cancel a national election in the event of a terrorist attack. He asked Secretary Ridge to seek "emergency" legislation authorizing his bipartisan commission to make that decision.

This is a bad idea. The next day I introduced legislation (H.Con.Res. 474) designed to make clear that congress will not change the election date. For their part, Secretary Ridge, Advisor Rice, and other Administration officials have not supported the idea of any delay of the election. The United States has never postponed a federal election for any reason. Not even during the Civil War was an election delayed. With this record, every bias should be toward maintaining the election schedule. This will ensure that no election will ever be delayed without overwhelming need and national unanimity.

This misguided proposal is based on the proposition that we should be prepared for the consequences of a terrorist attack near the November election day. This, however, is contingency planning run amok. First, it is hard to envision the kind of attack that would truly justify postponing a national election.

Second, it makes no sense to delegate a judgment call like that to an un-elected commission. No set of rules is going to be sufficient to deal with every possibility. A new law that could allow a minor body of obscure appointees like the Election Assistance Commission is an invitation to abuse. The substance of my bill passed the House July 22nd.

Delaying elections is another example of how far some would go to protect against terrorist attacks. This is the current challenge for Congress and the administration. The challenge is how much protection is enough. There are a lot of ‘what if’s’, i.e. an attack on the President and top officials at the Republican Convention, etc. In the end, even with safeguards and protections, our strength lies in the people’s perseverance and confidence in our government. If that confidence is ever shaken in some great crisis, no bureaucrat, commission, or law can quickly restore it. We will have to trust the American public and our elected leaders to make the best possible decisions.

Congressman Nick Smith, a Republican, represents Michigan's 7th Congressional District, which includes Battle Creek and the counties of Branch, Eaton, Hillsdale, Jackson, Lenawee, Calhoun, and Washtenaw in south-central Michigan.