[ad_1]
Joe Biden, who will turn 78 on November 20, is the oldest candidate for president of the United States. His electoral rival, Donald Trump, has launched a broad debate on the issue, even hinting that his successor will not complete his term. Some of Biden’s opponents are already seeing him retire for health reasons and leave the White House in the hands of Vice President Kamala Harris. If the United States has had terms with deceased presidents during its tenure, it has never dealt with deceased presidents-elect before being sworn in. However, US law is prepared for such a scenario.
When the winner dies before voting in the Electoral College
In the United States, the president is not elected by direct universal suffrage, but indirectly. On November 3, the Americans nominated the big voters, who in turn will approve the winner on December 14, at a meeting of the Electoral College.
If the winner of the election dies before the big voters gather, his party has the right to nominate a substitute candidate. It would be natural for him to be your running partner, that is, the elected vice president, but it is not mandatory.
The winning candidate’s party would pressure large voters in their field to vote for the designated replacement. But large voters may not vote for the designated replacement in the end. In these conditions, you run the risk of giving the opposing side the options. “The party can say what it wants, but the states decide what their ‘big voters’ do,” said Richard Hasen, a law professor at the University of California.
When the winner dies after the vote of the big voters and before the meeting of Congress
The result of the presidential elections becomes official only after the validation of the Congress (House of Representatives and Senate). Renewed in November, Congress must take the oath on January 3 and hold a validation session with the president three days later. In American history, this stage has always been a mere formality. But what if the president-elect dies in the meantime? The 12th Amendment to the United States Constitution gives Congress the ultimate power to decide who is elected president and vice president. For example, if no candidate gets the required 270 votes in the Electoral College, Congress can reject the vote. Then the Senate and House of Representatives must announce their decisions. If the Senate elects the vice president, the House of Representatives decides on the president, choosing from the top three candidates with the most votes among the large voters.
When the president-elect dies after Congress is validated and before his oath
The answer is much simpler in this case. According to the 20th Amendment to the United States Constitution, the president-elect who passed away after the congressional vacancy can be replaced by the president-elect, who is sworn in on January 20 and assumes the presidency at the end of that day.
If you like this article, we hope you will join the community of readers on our Facebook page, with a Like below:
[ad_2]