Seven states provide for the postponement of elections; Florida, Georgia, Hawaii, Louisiana, Maryland, New York, and North Carolina.Louisiana: Upon issuance of an executive order declaring a state of emergency or impending emergency, the governor may suspend or delay any election. The governor shall take such action only upon certification by the secretary of state that such a state of emergency exists. As chief election officer of the parish, a clerk of the court may bring to the attention of the secretary of state any difficulties occurring in his parish due to natural disasters. If any delays or suspensions are authorized by the governor, the delayed election day shall resume or be rescheduled as soon thereafter as is practicable. LA. REV. STAT. § 18:401.2 (2004). 6
[6] The Louisiana election emergency statute begins with the following statement of findings: Due to the possibility of an emergency or common disaster occurring before or during a regularly scheduled or special election, and in order to ensure maximum citizen participation in the electoral process and provide a safe and orderly procedure for persons seeking to qualify or exercise their right to vote, to minimize to whatever degree possible a persons exposure to danger during declared states of emergency, and to protect the integrity of the electoral process, it is hereby found and declared to be necessary to designate a procedure for the emergency suspension or delay and rescheduling of qualifying, absentee voting in person, and elections. LA. REV. STAT. § 18:401.2 (2004).]
Yes and no. "[T]he delayed election day shall resume or be rescheduled as soon thereafter as is practicable" is reviewable by the judiciary. The language is obviously intended to deal with more timely emergencies (like a major fire last week... not months earlier). A judge could easily decide that "as soon as practicable" means "on time".