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WASHINGTON – News that US President Donald Trump and First Lady Melania Trump tested positive for Covid-19 has given new meaning to the phrase “uncharted waters.”
Constitutional politicians, experts and lawyers struggle to find an answer to the question: What happens if a presidential candidate is incapacitated or dies before the election?
The question is not entirely new; the coronavirus is particularly deadly for the elderly and even more so for those with underlying health problems.
There have been concerns for both Trump, 74, and his presidential rival, Joe Biden, 77, due to his advanced age.
Less than 48 hours before his diagnosis, the president shared the stage with Biden in the first presidential debate in Cleveland, Ohio, although they did not shake hands.
Ms. Hope Hicks, the close aide to the president who traveled with him to Cleveland, tested positive for the coronavirus on Thursday (Oct 1), sparking a fight to prove to everyone else that they were on that trip or on trips. recent with her or the president. .
Hours later, the president tweeted the news of his positive tests and of Mrs. Trump.
Trump is supposed to be in very good health and does not smoke or drink alcohol. But no two Covid-19 cases are the same.
Dr. Richard H. Pildes, Professor of Constitutional Law at New York University, received the question from the Washington Post in August. His answer: the ball would be in the hands of the candidate’s political party.
The Democratic National Committee apparently has a clear rule for such a situation. He would choose the new candidate in consultation with the party leadership, including the Democratic state governors.
But that does not mean a certain result, as it is subject to a vote. For example, if Mr. Biden died, it is not certain whether the replacement would be his running mate, Senator Kamala Harris, or his runner-up, Senator Bernie Sanders.
Vice President Mike Pence, who would become president in the event of Trump’s death, would be one of the best options for the Republican Party, but not the safe choice.
The Republican National Committee (RNC) has similar rules. It has 168 members: three from each state plus three from six territories. A vote must be taken. The parties would then have to replace the name of their deceased candidate with that of the new candidate on each state’s ballot.
“Depending on when this happens, it may not be easy,” said Dr. Pildes.
“Different states have different deadlines for when parties must certify their candidates for the ballot.”
Furthermore, if states do not have laws allowing the candidate’s name to be changed, any change can be challenged in court, although the courts are unlikely to reject the new nomination if the party process has been followed.
But the dispute could delay the process.
Separately, Professor Rick Hasen, Professor of Law and Political Science at the University of California at Irvine, writes: “The problem here is that the ballots have already been cast and millions of people have already voted. Right now, it seems impossible for candidates to come in with a new name to replace a name on the ballot without beginning the entire election process, which is not possible in the 30 days or more before Election Day. Congress could pass a bill that it delays the elections, but I can hardly believe it would. “
One thing is almost certain: with the president and the first lady in quarantine, the second presidential debate scheduled for October 15 will be canceled.
Foreign policy decisions that have been largely the province of the White House during the Trump administration may also be put on hold.
And if the president dies, regardless of the process for a replacement candidate, there is a risk of true turmoil in a deeply divided country with an economy and a people reeling under a colossal coronavirus death toll of more than 200,000.
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