President-elect still holds other office on Jan. 20
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  President-elect still holds other office on Jan. 20
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Author Topic: President-elect still holds other office on Jan. 20  (Read 842 times)
President Johnson
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« on: January 01, 2017, 05:12:18 AM »

Since most elected presidents were senators of governors, I recently asked myself this: What happens if a sitting governor or senator is elected president and has not resigned his office on January 20? Let's say Kasich had been elected now and does not resign until inauguration day. What happens? I guess he can't be both president and governor.
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Figueira
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« Reply #1 on: January 01, 2017, 03:39:54 PM »

Since most elected presidents were senators of governors, I recently asked myself this: What happens if a sitting governor or senator is elected president and has not resigned his office on January 20? Let's say Kasich had been elected now and does not resign until inauguration day. What happens? I guess he can't be both president and governor.

The Lieutenant Governor of Ohio, currently Mary Taylor, becomes Governor.
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brucejoel99
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« Reply #2 on: January 02, 2017, 08:56:27 PM »

The President is prohibited from holding another job for compensation from a state or the fed. gov't. by Article 2, Section 1, Clause 7 of the Constitution: "The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them."

So, if a theoretical President-elect refused to give up his Governorship come noon at Jan. 20th, the Vice President-elect would be sworn in as Acting President under the provisions of the 20th Amendment & remain as such until a President qualifies (e.g. the President-elect resigning his Governorship, or the Vice President being Acting President for 4 years until the next President-elect becomes President).
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muon2
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« Reply #3 on: January 04, 2017, 07:46:21 AM »

So what if Bloomberg ran and won the presidency while mayor of NYC? Does the city government count as an entity created by the state? What if he was receiving no compensation as mayor?
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Figs
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« Reply #4 on: January 04, 2017, 03:46:54 PM »

The President is prohibited from holding another job for compensation from a state or the fed. gov't. by Article 2, Section 1, Clause 7 of the Constitution: "The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them."

So, if a theoretical President-elect refused to give up his Governorship come noon at Jan. 20th, the Vice President-elect would be sworn in as Acting President under the provisions of the 20th Amendment & remain as such until a President qualifies (e.g. the President-elect resigning his Governorship, or the Vice President being Acting President for 4 years until the next President-elect becomes President).

What if he foregoes the salary for the job of governor? Or is the position itself an emolument?
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