Fiendishly evil plot, or horrifyingly necessary advance planning?

The Dept. of Homeland Security is looking at what legal steps would need to be taken to allow the federal government to delay the November elections in case of a national emergency, such as a terrorist attack.

[Newsweek] cited unnamed sources who told it that the Department of Homeland Security asked the Justice Department last week to review what legal steps would be needed to delay the election if an attack occurred on the day before or the day of the election.
In his letter, Soaries pointed out that while New York’s Board of Elections suspended primary elections in New York on the day of the Sept. 11, 2001, attacks, “the federal government has no agency that has the statutory authority to cancel and reschedule a federal election.”
[U.S. Election Assistance Commission chair] Soaries wants Ridge to ask Congress to pass legislation giving the government such power, Newsweek reported in its latest issue that hits the newsstands on Monday.
Homeland Security Department spokesman Brian Rochrkasse told the magazine the agency is reviewing the matter “to determine what steps need to be taken to secure the election.”

Scott‘s willing to see this as yet more proof that the Bushies are willing to go to any step to steal the election, retain power, etc. And, of course, it could be that. Though a recommendation by a commissioner to a departmental secretary to ask the President to request Congress to pass a law on the matter seems a rather round-about and subtle way to go about it.

An alternative is that it’s exactly what it sounds like — contingency planning in the face of a possible terrorist attack. I’d want to see the language of any such law very carefully, but I can imagine circumstances under which such an occurrence might be necessary — say, a jet liner crashing into the White House, killing the running incumbent the day of the election. Or a car bomber killing his challenger the day before. Or something taking out the US Capitol building while Congress is in session a week before the election takes place.

It’s easy to say, “If the Republic withstood the Civil War, I think it can withstand another terrorist attack,” and I agree. On the other hand, if the South had captured DC and were holding Lincoln or Congress hostage on election day, I’m not sure that would have been a “fair” election for either the hostages or their opposition. Imagine if elections had been scheduled for 7 December (or 8 December) 1941 in Hawaii.

Hell, if you’re paranoid, it seems to me that dirty tricks and the possibility of a “November Surprise” makes the lack of such a contingency all the more dangerous.

The danger, of course, is not in how such a provision could be used legitimately, but how it might be abused. That should give anyone pause, though it certainly doesn’t mean the question ought not to be debated. And some necessary risks may need to be taken in order to avoid others. After all, arguably the 25th Amendment could be read as a means of letting the VP stage a coup against the President (and doubtless would be seen as a nefarious Cheney plot were it proposed today).

And, on the other hand, imagine if a terrorist attack as described above were to take place. There’d be plenty of people calling for Tom Ridge’s head if there weren’t such contingency plans in place, especially when the “smoking gun” memo from Soaries was found. “Why didn’t Ridge act on this recommendation? What diabolical plan did ShrubCo have in mind by letting something like this happen?” I can hear the criticisms, legitimate and whacky, now.

Before we presume this is an attempt to impose a dictatorship, let’s see what the actual proposed law says.

UPDATE: MSNBC headlined this in my Messenger popup as U.S. mulls plan to cancel election. Which is about as accurate and non-inflammatory as a headline saying U.S. mulls plan to nuke China or U.S. mulls plan to declare martial law — and is akin to those Is a dreaded fatal disease stalking the corridors of your child’s school? Film at 11! abominations the local news stations run.