Howe ISD Agenda

By Alan Dershowitz The Hill

What if the pandemic were to become so bad that the election could not be held? There is no acceptable reason for this to happen, since there are alternatives to voting in person on a single day. But it is possible, although unlikely, that voting by mail will be unrealistic if the pandemic were to get so much worse that it endangered the lives of postal workers. So it is not too early to ask this question. What does the Constitution provide in the event that an emergency precludes an election before the end of a term of the president? It has never happened, and it will likely not happen this year, but law professors like hypotheticals, so here is my assessment.

We begin, of course, with the words of the Constitution. They provide no definitive answer, but they do provide some clear conclusions. Absent an election, the incumbent president does not continue to serve in an interim capacity until an election is finally held. Unlike parliamentary democracies like Israel, where Prime Minister Benjamin Netanyahu continues to serve until a replacement has been selected, the term of our president ends on a date specific, regardless of whether or not a successor is chosen.

The 20th Amendment is unambiguous that "the terms of the president and vice president shall end at noon" on January 20. Nothing could seem clearer. Yet the end of that paragraph provides that "the terms of their successors shall then begin." But what if no successors have been elected? Does the president then continue to serve as an interim officeholder? The answer is no because his or her term will definitely end at noon on January 20. If not reelected, the president becomes a private citizen on that day. Who then serves as president? The Constitution provides no clear answer.

Unlike when a president is impeached or dies, there is no clear succession plan in place for a situation in which there has been no voting. The 20th Amendment speaks to the issue of what happens if neither a president nor a vice president have been chosen "before the time fixed for the beginning of his term," but it refers to a slightly different scenario. "Congress may by law provide for the case wherein neither a president elect nor a vice president elect shall have qualified, declaring who shall then act as president, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a president or vice president shall have qualified." But if there is no election, there is no president elect or vice president elect. Congress has provided for a line of succession "if by reason of death, resignation, removal from office, inability, or failure to qualify," there is neither a president nor a vice president. This also does not seem to encompass the absence of an election. There is a gap in our Constitution because the Framers did not contemplate a "no election" possibility. But even if Congress has the authority to fill this gap, it is unclear that it has done so with the existing law, because the line of succession begins with the House speaker.

But there would be no House speaker if there were no election, because there would be no House, all of whose members would be up for election in November. The terms of all members of the House would end, according to the Constitution, on January 3. There would, however, be a Senate, with a majority of its members not up for election in November and, therefore, still serving their terms. This is important as the next in line would be the president pro tempore of the Senate, which is Charles Grassley. But if there were no election, there might be a Democratic majority among the remaining senators not up for reelection, unless governors or state legislators were allowed to fill vacant seats, which is another uncertainty.

The longest serving majority senator is traditionally given the honor of serving as the president pro tempore of the chamber. Among Democrats that would be Patrick Leahy. But a Democratic majority could elect any sitting senator to that role, including Elizabeth Warren and even Bernie Sanders. If the succession statute covers a missed election, which is doubtful, then the senator selected to serve as president pro tem would become the next president.

This prospect undoubtedly is frightening enough to Republicans to assure that they will do everything in their power to hold the election. The alternatives are unthinkable in a democracy. We would have a nation with no president and no working Congress, or an interim president not clearly authorized by the law. Because of the utter uncertainty of any alternative to voting, it is in the interest of both parties and all Americans to make sure that the election is held in a safe and timely manner.

Alan Dershowitz, professor emeritus at Harvard Law School, served on the legal team representing President Trump during the Senate impeachment trial. He is the author of more than 40 books, including his latest, "Guilt by Accusation: The Challenge of Proving Innocence in the Age of Me Too."

Howe ISD Board of Trustees Agenda

A Regular Meeting of the Board of Trustees of Howe ISD will be held on Monday, April 20, 2020 beginning at 6:00 p.m. at the Howe ISD Administration Office located at 105 W. Tutt St, Howe, Texas.

In light of the COVID-19 emergency, the meeting will be held through electronic means in accordance with the Center for Disease Control (CDC) recommendations to maintain the public health. Further, pursuant to Governor Abbott’s temporary suspension of the requirement related the Open Meetings Act, the Board meeting may be viewed via Zoom at the following link below. If you would like to participate in public comment, submit your information (name and topic) to the following email address prior to 5:30 p.m. the night of the Board meeting: wilson.kevin@howeisd.net . Your name will be called upon to speak during public comments, and all limitations set forth in Board Policy BED (LOCAL) will apply, including prohibitions related to disruptions during the meeting.

Join Zoom Meeting https://zoom.us/j/9037454000? pwd=bkFGbTJPVmhuOWdRNkZQUUs1N2tRUT09 Meeting ID: 903 745 4000 Password: 745 4000

I. CALL TO ORDER/DETERMINATION OF QUORUM II. INVOCATION/PLEDGES III. PUBLIC FORUM IV. REPORTS A. Superintendent Report 1. COVID-19 Update 2. Enrollment 3. Personnel 4. HHS Office/Library Renovation 5. Other Information V. THE BOARD WILL CONSIDER, DISCUSS, AND/OR TAKE APPROPRIATE ACTION REGARDING THE FOLLOWING: A. Consent Agenda Items 1. Minutes for Regular Meeting on March 16, 2020 and Special Meeting April 6, 2020 2. Monthly Financial Reports 3. Quarterly Investment Report B. HIS/HMS HVAC Unit Replacement C. Closed Session in Accordance with the Texas Open Meetings Act, Section 551.074 1. Personnel - Professional Contracts

D. Action on Items from Closed Session VI. BUDGET WORKSHOP A. Preliminary Revenue Estimates and Employee Compensation Plan VII. ADJOURN

If, during the course of the meeting, discussion of any item on the agenda should be held in a closed meeting, the board will conduct a closed meeting in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, Subchapters D and E. All final votes, actions, or decisions will be taken in open meeting.

This Agenda posted Friday, April 17, 2020 at 4:00 p.m.