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Undecided Voter in the Midwest
Ghost of Tilden
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« on: February 28, 2013, 04:00:33 pm »
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Suppose the president-elect dies after the electoral college votes are officially counted, but before inauguration day. What happens then?

I'm guessing that the House of Representatives would meet to elect the new president, and would probably choose the vice president-elect to be the new president-elect. But are there any laws that specify exactly what is to be done in such a situation?
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True Federalist
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« Reply #1 on: February 28, 2013, 05:48:42 pm »
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The relevant law is 3 USC 19. What would happen is that on January 20 the vice president-elect would be sworn in as vice president, then since there was a vacancy in the presidency be sworn in as president.

If both the president-elect and the vice president-elect were to die before taking office, then on January 20 the Speaker of the House (if constitutionally eligible) would become President.  The death of the president-elect and the vice president-elect is treated much the same as the death of the president and vice president except that who fills the vacancy is determined by who holds office at the start of the term, not when they die.

Also, from the 1872 election there is precedent for what to do when a nominee dies before the electors meet and cast their ballots.  If an elector casts a ballot for a dead person, the vote is not counted.
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Undecided Voter in the Midwest
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« Reply #2 on: February 28, 2013, 07:01:08 pm »
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Okay, thanks.
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SteveRogers
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« Reply #3 on: June 05, 2013, 07:25:58 pm »
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Suppose the president-elect dies after the electoral college votes are officially counted, but before inauguration day. What happens then?

I'm guessing that the House of Representatives would meet to elect the new president, and would probably choose the vice president-elect to be the new president-elect. But are there any laws that specify exactly what is to be done in such a situation?

The Vice President-elect becomes President. (President for the whole term, not just Acting President). If the President-elect and Vice President-elect both die before inauguration, the Speaker of the House becomes President (they'd technically be Acting President, but they'd serve the whole term).

20th Amendment:

"If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the 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."
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Mr. Morden
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« Reply #4 on: June 09, 2013, 05:38:35 am »
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I think my scenario is more interesting:

http://uselectionatlas.org/FORUM/index.php?topic=88095.0

In brief, a bomb goes off at the inauguration, killing the newly sworn in president and VP, as well as the Speaker and President Pro Temp.  At that point, the Cabinet still officially consists of holdovers from the previous administration, because Cabinet terms don't automatically expire on Jan. 20.  And so, the previous president's Secretary of State could arguably be sworn in for a full four year term.
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« Reply #5 on: June 14, 2013, 01:33:47 pm »
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Then the Vice President is sworn in as President on Inauguration Day, I think.  I think something like this was mentioned during the 1988 campaign when people made a big deal about Dan Quayle being George H.W. Bush's running mate.
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