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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 e

by 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?

by dereg 6y ago

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?