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This brings up an interesting question: If a party's nominated presidential candidate is incapable of assuming the presidency, is there a mechanism for the part

This brings up an interesting question: If a party's nominated presidential candidate is incapable of assuming the presidency, is there a mechanism for the party to nominate someone else?

bmcn2020 6y ago
Wouldn't it just be easier for him to be nominated in name and then hand the presidency over to his running mate, in the case that he wins? Or does his running mate automatically get the nod in case the worst happens before election night?
- torified 6y ago
  If the worst happens... he will be fit and well and accept his presidency.
dereg 6y ago
If the candidate dies pre-election: the party picks a replacement. If they die after winning but pre-electoral college: electors pick. If they die after the electors vote: then standard succession rules apply.
- vhold 6y ago
  The election is already under way, so does that rule out the first option?
  - akmarinov 6y ago
    No, the election is November, between November and inauguration is option 2 and then 3
    - CameronNemo 6y ago
      Many people have already voted, ballots are being sent out, there is not enough notice to reprint ballots.
      - systemvoltage 6y ago
        President is chosen by the electorate and not the voters directly, they cast in their vote at a specific date (I need to look it up). So, even if voters have voted, the date I am referring to is far away from now.
        dragonwriter 6y ago
        > President is chosen by the electorate and not the voters directly The Electoral College, but the members are not, in quite a few states, free to vote other than as directed by law, and in 14 states their votes are actually cancelled if they vote for any but the pledged candidate.
      - apexalpha 6y ago
        I think, technically, they have just already dropped off their ballot. Their vote won't be counted until 3th.
        nobody9999 6y ago
        >I think, technically, they have just already dropped off their ballot. Their vote won't be counted until 3th. Actually, that's determined by state law and, as such, may be so where you live, but not everywhere[0]. [0] https://www.forbes.com/sites/danielcassady/2020/09/05/election-2020-battleground-states-heres-how-theyll-count-mail-in-ballots/ https://www.forbes.com/sites/danielcassady/2020/09/05/electi...
- dragonwriter 6y ago
  It's a bit more complicated: If they die in time for whatever the ballot cutoff is in each state, the parties can select a replacement, but I'm pretty sure that time has passed (it must have where ballots are already being cast); they may do so later, but this will have different effects in different states. After the people have voted (even before the electors cast their ballots) faithless elector laws come into play, and 14 states cancel votes of electors that do not cast their votes for the pledged candidate, and AFAIK none of those 14 states have post-popular-vote change of pledge rules. Conceivably, electors in the other states could change their votes (some with some penalties, but not vote cancellation), whether or not the party directed them one particular way before or after the people voted. But any votes that are out of line with the outcome of the state vote, even if by reason of the elector choosing an alternate because of candidate death, are outside of the safe harbor law (which is probably not enforceable, but that just means other votes within the safe harbor could in theory also be at risk) and potentially subject to challenge and potential cancellation when Congress counts the electoral votes. Congress may, in this case, also accept offered competing electoral votes, if such exist. But if no candidate receives the required majority of available (not tallied) electoral votes for either President of VP (or both) as judged by Congress, the succession rules for that office come into play when the term starts with the office vacant.
  - mcphage 6y ago
    > After the people have voted (even before the electors cast their ballots) faithless elector laws come into play, and 14 states cancel votes of electors that do not cast their votes for the pledged candidate, and AFAIK none of those 14 states have post-popular-vote change of pledge rules. Are those states required to prosecute based on those laws?
- gdubs 6y ago
  I’m pretty sure that this late in the game it’s way passed the legal deadline to get new names on ballots in all of the states. Thousands and thousands are already voting. What would likely happen is the Vice President would become President in January and select a new Vice President.
  - majewsky 6y ago
    Doesn't the Vice President's term expire at the same moment as the President's?
dredmorbius 6y ago
Topic of a current HN submission: "With News That the President Has Tested Positive for Coronavirus (and He Was in Contact with Joe Biden at the Debate Earlier in the Week), What Happens If a Presidential Candidate Dies or is Incapacitated Before Election Day? A Mess" https://news.ycombinator.com/item?id=24659844 https://news.ycombinator.com/item?id=24659844 https://electionlawblog.org/?p=116098 https://electionlawblog.org/?p=116098
nobody9999 6y ago
> If a party's nominated presidential candidate is incapable of assuming the presidency, is there a mechanism for the party to nominate someone else? That's apparently an excellent question. Fortunately, there's a discussion here[0] about it. I know this because dsr12[1] helpfully submitted it here on HN[2]. It's an interesting article and I will go over to the discussion page shortly, as it already has a bunch of comments. [0] https://electionlawblog.org/?p=116098 https://electionlawblog.org/?p=116098 [1] https://news.ycombinator.com/user?id=dsr12 https://news.ycombinator.com/user?id=dsr12 [2] https://news.ycombinator.com/item?id=24659844 https://news.ycombinator.com/item?id=24659844
notacoward 6y ago
I asked this question on Twitter last night, when we only knew about Hope Hicks. Here's the best answer I've gotten so far. https://electionlawblog.org/?p=116098 https://electionlawblog.org/?p=116098 As I pretty much expected: the parties would quickly nominate new candidates, and then scramble to get them on ballots despite being past normal deadlines. Courts would probably have to get involved. Does not address what would happen to votes already cast.

This brings up an interesting question: If a party's nominated presidential candidate is incapable of assuming the presidency, is there a mechanism for the party to nominate someone else?

bmcn2020 6y ago

Wouldn't it just be easier for him to be nominated in name and then hand the presidency over to his running mate, in the case that he wins? Or does his running mate automatically get the nod in case the worst happens before election night?

torified 6y ago
If the worst happens... he will be fit and well and accept his presidency.

dereg 6y ago

If the candidate dies pre-election: the party picks a replacement. If they die after winning but pre-electoral college: electors pick. If they die after the electors vote: then standard succession rules apply.

vhold 6y ago
The election is already under way, so does that rule out the first option?
- akmarinov 6y ago
  No, the election is November, between November and inauguration is option 2 and then 3
  - CameronNemo 6y ago
    Many people have already voted, ballots are being sent out, there is not enough notice to reprint ballots.
    - systemvoltage 6y ago
      President is chosen by the electorate and not the voters directly, they cast in their vote at a specific date (I need to look it up). So, even if voters have voted, the date I am referring to is far away from now.
      - dragonwriter 6y ago
        > President is chosen by the electorate and not the voters directly The Electoral College, but the members are not, in quite a few states, free to vote other than as directed by law, and in 14 states their votes are actually cancelled if they vote for any but the pledged candidate.
    - apexalpha 6y ago
      I think, technically, they have just already dropped off their ballot. Their vote won't be counted until 3th.
      - nobody9999 6y ago
        >I think, technically, they have just already dropped off their ballot. Their vote won't be counted until 3th. Actually, that's determined by state law and, as such, may be so where you live, but not everywhere[0]. [0] https://www.forbes.com/sites/danielcassady/2020/09/05/election-2020-battleground-states-heres-how-theyll-count-mail-in-ballots/ https://www.forbes.com/sites/danielcassady/2020/09/05/electi...
dragonwriter 6y ago
It's a bit more complicated: If they die in time for whatever the ballot cutoff is in each state, the parties can select a replacement, but I'm pretty sure that time has passed (it must have where ballots are already being cast); they may do so later, but this will have different effects in different states. After the people have voted (even before the electors cast their ballots) faithless elector laws come into play, and 14 states cancel votes of electors that do not cast their votes for the pledged candidate, and AFAIK none of those 14 states have post-popular-vote change of pledge rules. Conceivably, electors in the other states could change their votes (some with some penalties, but not vote cancellation), whether or not the party directed them one particular way before or after the people voted. But any votes that are out of line with the outcome of the state vote, even if by reason of the elector choosing an alternate because of candidate death, are outside of the safe harbor law (which is probably not enforceable, but that just means other votes within the safe harbor could in theory also be at risk) and potentially subject to challenge and potential cancellation when Congress counts the electoral votes. Congress may, in this case, also accept offered competing electoral votes, if such exist. But if no candidate receives the required majority of available (not tallied) electoral votes for either President of VP (or both) as judged by Congress, the succession rules for that office come into play when the term starts with the office vacant.
- mcphage 6y ago
  > After the people have voted (even before the electors cast their ballots) faithless elector laws come into play, and 14 states cancel votes of electors that do not cast their votes for the pledged candidate, and AFAIK none of those 14 states have post-popular-vote change of pledge rules. Are those states required to prosecute based on those laws?
gdubs 6y ago
I’m pretty sure that this late in the game it’s way passed the legal deadline to get new names on ballots in all of the states. Thousands and thousands are already voting. What would likely happen is the Vice President would become President in January and select a new Vice President.
- majewsky 6y ago
  Doesn't the Vice President's term expire at the same moment as the President's?

dredmorbius 6y ago

Topic of a current HN submission: "With News That the President Has Tested Positive for Coronavirus (and He Was in Contact with Joe Biden at the Debate Earlier in the Week), What Happens If a Presidential Candidate Dies or is Incapacitated Before Election Day? A Mess" https://news.ycombinator.com/item?id=24659844 https://news.ycombinator.com/item?id=24659844 https://electionlawblog.org/?p=116098 https://electionlawblog.org/?p=116098

nobody9999 6y ago

> If a party's nominated presidential candidate is incapable of assuming the presidency, is there a mechanism for the party to nominate someone else? That's apparently an excellent question. Fortunately, there's a discussion here[0] about it. I know this because dsr12[1] helpfully submitted it here on HN[2]. It's an interesting article and I will go over to the discussion page shortly, as it already has a bunch of comments. [0] https://electionlawblog.org/?p=116098 https://electionlawblog.org/?p=116098 [1] https://news.ycombinator.com/user?id=dsr12 https://news.ycombinator.com/user?id=dsr12 [2] https://news.ycombinator.com/item?id=24659844 https://news.ycombinator.com/item?id=24659844

notacoward 6y ago

I asked this question on Twitter last night, when we only knew about Hope Hicks. Here's the best answer I've gotten so far. https://electionlawblog.org/?p=116098 https://electionlawblog.org/?p=116098 As I pretty much expected: the parties would quickly nominate new candidates, and then scramble to get them on ballots despite being past normal deadlines. Courts would probably have to get involved. Does not address what would happen to votes already cast.